Your current state is Virginia
The mother of my child and I are separated and together we raise a one year old daughter in California. We have visitation plans scheduled but not in writing. We thought it would be a good idea to have it in writing but want to make sure that the document holds up in court. What is the process of... Read more »
answered on Feb 7, 2023
Only court orders or judgments are enforceable by a court of law. Your written agreement regarding custody is not legally enforceable unless it is a court order. aka "Stipulation and Order" This can be filed using your current case number. Whatever hearing you have pending can then be... Read more »
I am mom and kids got covid exposure from step dad. kids are negative covid with heavy symptoms, and taking medicine.
answered on Feb 7, 2023
Your should discuss the information with dad and see if you can reach an agreement and give him the information on the children's health. As long as the travel time or being with dad does not harm the children, Dad can decide if he should to have his visitation time when the children are ill.
My car was totaled a couple months ago. so I've been renting cars to meet him (he lives 2hrs away), but I can't afford to keep renting and pay for gas. So I'm saving to get another vehicle. He's now threatening to take me back to court although he knows my situation, what should I do?
answered on Feb 7, 2023
Get a consultation with a lawyer to review your court order and advise you on how to proceed. The lawyer may be able to help you work out an agreement or modification of your court order.
I have full custody of my son in Washington, his dad filed to petition for a parenting plan in Nevada since we've been here for 6 months, i don't want to stay, can I leave?
answered on Feb 6, 2023
It appears that the child might have changed residency after being in Nevada for 6 months or more. You might now need to get Dad's permission to relocate or file a motion with the Court.
My ex-boyfriend has an alcohol issue. He also is living in a hotel where he is surrounded by drugs and alcohol. The last time I talked to him he did not have a job. I am concerned that he will want to take our son to this unsafe environment.
answered on Feb 6, 2023
You need to file petitions in the Family Court. Child Support and Custody are two different matters and, even though they are in the same courthouse they are handled separetly. You need to file a separate petition for each.
Our apartment needs repairs and my insurance is putting us up in a hotel suite with two bedrooms and a full kitchen until the repairs are done. The exchange is today and I will be getting the kids. I am wondering if I should be forthright about what is going on and tell them where we are staying or... Read more »
answered on Feb 6, 2023
Yes, parties sharing joint physical custody should share their addresses between them and update their address with the court.
I can't afford lawyer now but everything was already agreed by both parties just waiting on judge to sign. Do I need to hire lawyer again to get a judge to sign??
answered on Feb 6, 2023
You may need to schedule a prove up hearing to present the necessary evidence for the judge to sign your proposed final decree of divorce.
You should contact court staff to see when your judge holds her prove ups and whether you need an appointment or can just appear with your necessary paperwork
My 15 year old no longer wants to visit every other week related to various changes at the home and her feeling like she’s never heard. What’s my best next move?
Can a show cause be enforced against me since there is no concrete schedule in place?
answered on Feb 6, 2023
That reads just like the kind of agreement reached in mediation - it is vague enough that both parties can interpret it to their own satisfaction. Unfortunately, there is not much that can be done to enforce it. Far better is to have a fixed schedule from which the parties can deviate if they so... Read more »
my ex girlfriend made false allegations of domestic violence so she can try to make me loose my rights for my daughter I was arrested and spent 6 days on county jail. I posted bail and fought my case taking it to trial and was found not guilty she even admitted during the trial it was all a lie... Read more »
answered on Feb 6, 2023
You could sue her for malicious prosecution, however, any attorney before taking such a case will want to know whether she has any assets or ability to pay damages if the case is successful. However, you could also sue the agency which filed the case and took it to trial, unless she did it herself.... Read more »
Opposing councel has efiled the written temporary orders a month before the final hearing and 4 months AFTER the TO hearing. How do I bring this up to the judge? The order is nearly over and I don't understand how a late service is acceptable.
answered on Feb 5, 2023
Typically, if one attorney does not draft and circulate the temporary order within a reasonable time, the other party’s attorney will draft and circulate their own version.
If the parties have unresolved disputes as to the form of the order, either party can file a motion for entry of... Read more »
answered on Feb 5, 2023
Too broad of question to answer effectively. Did you go to jail, prison, or both? How long? Were your parental rights terminated, or was custody just changed to the other parent?
If your parental rights were not terminated, you have an uphill climb, but you'll want to work with an... Read more »
Research seems to show volunteers can be GALS as a CASA but to be paid you must be a licensed mental health professional or lawyer. Are there other pathways to being a GAL?
answered on Feb 5, 2023
From a webpage I often rely on:
Only those individuals who have received training administered or approved by the Office of the Child Advocate may serve as a GAL in a proceeding concerning the custody or welfare of a child. O.C.G.A. 15-11-9(b). A GAL shall receive such training as provided... Read more »
My 10 year old daughter is asking this question cause she and her siblings want to spend more time at my house. I am her father and the other kids are 8,7 and 2.
answered on Feb 5, 2023
In most US states, the age of majority is 18. At that age, a child can decide where they want to live.
In many US states, a child at a younger age (often 14 or 16) can express a preference as to where they want to live, but the court is not required to honor that preference.
I filed custody for my kids, and their absent dad said he works for a bank so he has more than enough legal help to fight and gets what he wants out of this custody case. Should I believe him? Do I need to get a lawyer as well?
answered on Feb 4, 2023
Some employers offer prepaid legal services as an employee benefit, however it is not likely that all banks offer this option.
I've been the only income for pretty much the whole 6 yr relationship. We have a 4yr old daughter. He's stayed home with her. And still refuses to get a job now that she's in headstart. And it's been nothing but emotional abuse and gaslighting. I have 3 son's from a... Read more »
answered on Feb 4, 2023
I suggest that your first action should be to schedule a private consultation with a local attorney experienced in family to learn about your options and the divorce and custody processes. Even if you then decide to try to go it in your own without an attorney, which is generally not recommended,... Read more »
Called the Dr and cancelled her appointments already scheduled and said she wanted everything transferred to the mother's family Dr. He obviously says no but she is doing it anyway. They have joint legal custody. Can she be seen by both of the Drs since this will never get resolved unless he... Read more »
answered on Feb 4, 2023
Your son has the same rights as the mother. Both parents should be informed of all doctors appointments. When it comes to contrary forms of treatment, that's when things get hairy. Ultimately, a motion may need to be filed so the court can order a particular doctor, or in extreme cases, one... Read more »
answered on Feb 3, 2023
Yes, she can take the phone but the kids should be allowed to talk to you ,
I was divorced in one county in Ohio, I live in another county in Ohio and my daughter lives in another county in Ohio different than the divorce and myself. She is in an abusive situation with her mom and her mom's family, including sexual abuse by her stepdad. I really need help and... Read more »
answered on Feb 3, 2023
You can file for an emergency custody order. Generally, your motion has to state the child is in imminent danger.
The minor has a job and intends to move in with 2 other people over 18 in a few months
answered on Feb 3, 2023
Emancipation in Colorado is not something that easily fits in a checklist. It is based on several factors and ultimately the judge uses discretion to weigh all of those factors and make a decision. The bottom line is whether the child can demonstrate a full ability and active effort to currently... Read more »
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