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Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: Is a Divorce decree final if there are open unresolved matters and there is an RMC scheduled? When is a decree final?
Stephen M Vincent
Stephen M Vincent
answered on Apr 15, 2024

A divorce decree is final in Arizona when all of the following criteria are met:

1. The Decree has resolved all issues related to the Petition for Dissolution.

2. The Decree states no matters remain pending.

3. The Decree states it is entered under Rule 78(c).

4....
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Ex parte or domestic violence restraining order. Which route to take to get her kicked out of the house and custody.

In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More

James L. Arrasmith
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answered on Apr 15, 2024

Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.

In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: My baby momma was charged with 3 felonies for domestic violence if I call to drop charges does that hurt my custody case

My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More

Robert Kane
Robert Kane
answered on Apr 15, 2024

The best interest of the child is all that matters. Your concern is valid, but it's impossible to advise you. I apologize if this seems rude, but I mean to help. I seriously doubt you (representing yourself) can successfully convince the prosecutor to dismiss (or reduce) the felonies to meet... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: My baby momma was charged with 3 felonies for domestic violence if I call to drop charges does that hurt my custody case

My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More

James L. Arrasmith
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answered on Apr 14, 2024

I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More

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1 Answer | Asked in Family Law, Child Custody and Divorce for New Jersey on
Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

Honor her wish without me fighting for my daughter to be close to both of us. I’m willing to let her go but not permanently. How should I handle this

Leonard R. Boyer
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answered on Apr 14, 2024

This could be done straightforward basis except for the part about it not being permanent. After about 1 year, the child's home state becomes FL. and your chances of achieving your objective diminish substantially. You should probably rethink this entire situation. There is no easy answer and... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Wyoming on
Q: Is it legal to record person in their home committing a crime to later use as blackmail or proof in child custody case

Can you record others in their own homes without their knowledge?

James L. Arrasmith
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answered on Apr 13, 2024

No, it is not legal to secretly record someone in their own home without their consent in order to blackmail them or use the recording in a child custody case. This would be considered a serious violation of privacy and could potentially lead to criminal charges.

Some key points:

-...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Washington on
Q: Attorney and social worker are keeping all positive I do from judge for CPS case(safetyplan, visit note..) what to do?

Social worker & my attorney have lied to me. For three years I ask for all documents to CPS case (discovery, visit notes, everything) they kept all from me for three years with me asking over over so I can defend my self and know what's going on. My lawyer gave me a USB drive in them mail... View More

James L. Arrasmith
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answered on Apr 12, 2024

I'm so sorry you're going through this difficult and frustrating situation with CPS, your attorney, and the social worker. It sounds like a very challenging and unfair process. Here are a few suggestions on potential steps you could take:

1. Document everything - Keep detailed...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: my child’s father won’t sign our custody order after we have been to court and it’s been finalized.

hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.

In many cases involving child custody, agreements reached between the parties are...
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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: My ex wants to move my son to a new high school.

My ex suddenly moved and wants to also move my son to a new high school. There’s only 2 months left in the school year and I don’t think it’s in our son’s best interest to move him. In addition my ex’s living situation is not a permanent one so he asked if he could use one of my utility... View More

James L. Arrasmith
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answered on Apr 11, 2024

Under California law, both parents have the right to make educational decisions for their child, including the choice of school, if they share joint legal custody. If your custody agreement states that you have joint legal custody, you should have an equal say in decisions about your son's... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: In Texas, if I'm paying child support am I also responsible for paying for child care?

I'm currently paying child support as a non-custodial parent however, the mother of my children's grandmother also receives $500 a month for "child care". I'm also currently having to go to the custodial parent's home in order to spend time with our children because... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

You are only responsible for child care if you have a contractual arrangement with the child care provider to pay that provider or a court order that orders you to pay child care in addition to child support. Unless the court order specifies that you are only allowed to spend time with your... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I have parenting issue with ex spouse with mental illness. He was been non compliant . He wants to modify the agreement.

When he doesn't agree with we agreed to, he's constantly is wanting to change things. We both are supposed to have an ROR, which includes talking to the psychiatrist and or doctors. I agreed to be transparent about my medical health, even though i do not have any psychotic disorders. He... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 11, 2024

I don't see a specific question here. It sounds like you may wish to either file a motion to enforce your present agreement, or in the alternative terminate your agreement in favor of you having custody reserving visitation to the other parent. It sounds like you may wish to have a Guardian ad... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What does “order to come” mean after a party doesn’t show up to court for a motion to enter hearing in family court.

The motion to enter was a final order that was agreed to in court on record and approved by judge. We just needed judge,plaintiff and defendant to sign but defendant didn’t show.

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

"Order to come" is not a technical legal term with a defined meaning, so that phrase should be given its ordinary and customary meaning in the context in which it is being used.

There is a legal document called an "Order to Appear" which is commonly used to compel a...
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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: If my girlfriend and me are splitting up but have two kids. What steps should I take to go about a 50/50?

I don't want to get stuck with paying child support. I want to take care of my kids.

James L. Arrasmith
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answered on Apr 10, 2024

In California, when unmarried parents separate and want to establish a 50/50 custody arrangement, there are several steps you can take to protect your rights and ensure the best interests of your children:

1. Establish paternity: If you haven't already done so, legally establish...
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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: If my girlfriend and me are splitting up but have two kids. What steps should I take to go about a 50/50?

I don't want to get stuck with paying child support. I want to take care of my kids.

Robert Kane
Robert Kane
answered on Apr 10, 2024

The are numerous factors that will determine what is in the children’s best interest and the child support obligations. Coming to an agreement with the other parent will more likely produce the situation you describe, but I don't know your specific circumstances. Obviously, an attorney would... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Do i have to attend a deposition requested by email from the other parties attorney?

I'm wary because its through email and it seems not to be a court order. Just told "oral depositions is a normal discovery procedure authorized by the Florida family rules of procedure. Your attendance at this deposition is mandatory. I am only giving you the courtesy of coordinating it... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Because you are a party, you are required to appear for deposition when you receive a formal written Notice. Typically, her attorney would contact your attorney to discuss available dates for scheduling. If you do not have an attorney, her attorney would reach out to you for available dates, most... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: If I flee d.v. from my husband and leave the home with our son can he call the police on me for kidnapping?

I do have photos of marks and bruises from assaults

over the last few months emailed secretly to a 2nd account but it's escalating and I'm scared for our safety but he's threatening me with police and has threatened my life if I leave with our sob

Brian Waller
Brian Waller
answered on Apr 9, 2024

Your husband could definitely call the police, the question is what the police would do. I would suggest applying for an abuse prevention order, which can be done at the District Court or Probate and Family Court, or you can go to a police station to file a report there and they will assist you by... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: What should I do to get my grandson back quickly, who is in foster care?

My grandson, my son's legitimate son, has been in Foster care for 14 months. After searching for him for more than a year and a half, we have been aware of this situation for 1 month now. Neither my son nor we knew anything since my daughter-in-law blocked us and kept moving. Now when I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

If your son has not established paternity, then the Court has not established you as the child's grandmother. If your son is unable to legitimize the child and petition the Court for custody, as the grandparent, if you want to seek custody yourself, you should hire an attorney. It will be a... View More

2 Answers | Asked in Family Law, Child Custody and Internet Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

No, it doesn't give her permission.

On the other hand, though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they...
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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I need advice regarding a CHild support hearing based on FL-300 I filed.

I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More

James L. Arrasmith
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answered on Apr 6, 2024

As someone who is representing themselves in a child support hearing in California, it's important to be well-prepared and understand your rights. Here are some steps you can take:

1. Familiarize yourself with the FL-300 form and the purpose of the hearing. The FL-300 is a request for...
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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I need advice regarding a CHild support hearing based on FL-300 I filed.

I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 6, 2024

It's not clear what you are asking. 1) you can object to the response as untimely; 2) you can object to the response as you have not been served with it (??). As far as the advice you are seeking, it's not clear what you want to know. Child support orders will be based on the... View More

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