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Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: What about modification of a temporary parenting plan?

I have an agreed order with 2-2-3 schedule while living with spouse during divorce. I want to move out and ask the court for primary custody.

Bennett James Wills
Bennett James Wills
answered on Jun 29, 2022

The procedure would be to file a motion seeking that kind of relief. But any major life change like moving needs to be done by an appropriate court order. You would be wise to hire counsel to assist in this process.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Should an unwed mother file for sole custody as a preventative measure?

My friend and her boyfriend had a child (born in SC - just over a year old) and they have since broken up due to some domestic violence issues. He was arrested for possession of drugs and a weapon and is in jail waiting a trial date. My friend has moved back home to New York but has not been able... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 29, 2022

No. The mother's better course is to do nothing. If the father petitions, then the fights begin. The mother should not start a confrontation when one is not needed.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: the respondent filed a counter petition but have yet to serve me. what can i do

I filed a petition in Tarrant County to have my case moved to Collin County (where the kids and I reside) and to modify the order. My ex husband filed his own petition 6/14 without actually answering mine. I was informed that I can not move forward until I am served or I should reach out to his... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 28, 2022

Look in your county and see if there are volunteer lawyers. If you don't have a lawyer I would wait until you are served,

3 Answers | Asked in Family Law and Child Custody for New York on
Q: Does 3 non consecutive weeks of vacation access for both parents mean 1 week time frames or 21 days as the parent wants

We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice

Howard E. Knispel
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Howard E. Knispel
answered on Jun 28, 2022

Non-consecutive means not in a row. Normally that would mean 3 separate weeks, however, it can br intertpreted to allow 2 consecutive weeks, but not 3. You should consult a local attorney to go over your specific matter.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Will a Florida Judge order my 13 year old daughter to be returned to her grandmother that lives in a retirement home?

My mother has custody however my mother surrendered my daughter to me in 2018 and decided to cut ties with us. she came back into our lives in 2020 only to create more problems for me. Now in nasty custody battle and we have a hearing for next week to see if my daughter would be returned to her... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I really need more background on the case to get an understanding of the nature of the claims being made and the procedural history of that matter. Courts are almost always going to recognize the superiority of a parent over a non-parent. That being said, there are situations such as abuse ,... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: I need some answers on how I can get my child back. My child was taken because of domestic violence

My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What controls can I place on a12-year-olds' cell phone given to him by his non-custodial mother?

My son has a smartphone that his mother gave to him without discussion with me. The phone has a lock code that his mother will not share with me and she has instructed the child to not share it with me. Our parenting agreement has no mention of cell phones to guide us. I have parental controls on... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

This is a shared parenting issue and may possibly be addressed in your parenting plan under communications. If not it is still a shared parenting issue . You should consult with a qualified attorney to discuss the situation and give a good analysis as to how to proceed forward

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I am pro se in a child custody case, I don't know what paperwork I need to fill out as I am up against an actual lawyer.

Though I am getting my paralegal degree, I haven't reached family law and I'm scared I am going to lose my case and be placed on child support, and even lose my rights to my daughter. I am reaching out because I need help I'm just a full-time paralegal student mom and cashier who is... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

You should go to the family law forms website and almost everything is there.

https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?parentId=669505&sort=form/number%20asc,%20form/date%20desc&view=embed_custom&searchtype=form&limit=50&query=&offset=0

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are my options as the custodial parent (mother) who wants to move out of state and share 50/50 custody? See below.

My ex-husband and I share 50/50 custody of our 12 and 13 year old sons. The 13 year old has been living with his father during the school since 2021 and the 12 year old has lived with me full time, still maintaining the every other weekend agreement. While this agreement does not pose an immediate... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 27, 2022

If you wish to change any Texas court order, you must file a Petition to Modify Parent-Child Relationship and set it for a hearing before the Court of exclusive jurisdiction.

You should read your current court order thoroughly because it is unclear from your post if there is a geographic...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: If I do not have an attorney, how do I respond to an ex Parte motion?

There are untruths in the ex Parte

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 27, 2022

While you may not have an attorney, you can and should certainly try to hire one to assist you with responding and representing you. In the meantime, additional information is needed to respond to your post as there are multiple ex-parte motions which have different ways/requirements for... Read more »

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: My husband file divorce. Since we miscommunication and more . We decided trying out marriage or couple counseling.

I didn't recive letter yet . Is his file can be hold or do I need hire lawyer? What do I need expect

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

He can put the divorce on hold, If you have not been served you do not need to worry.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What’s the rule on grandparents rights in Texas?

My 3yr old child’s dad hasn’t seen, talked or supported her in almost 2 years. And his mom is the type to fight me in court to get visitation rights for her. Bc i don’t feel comfortable with her taking my child 5hrs away without me there, and she knows this but still keeps pushing about.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

Texas grandparent rights are very limited. I doubt she could prevail in court. Her son could get visitation and the grandparent could see the child on his time

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my son's mom legally keep my son away from me without a court order? I see him currently every other weekend.

My son's mother is trying to take me to court to invoke rules on where I can take my son and who I can take him around. She's using her mom's health as a reason for this due to her MS. Her mom is a caretaker of Logan when he's not in my custody/when she's at work. Thank you!

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

Your son's mom can get a court order but she can't keep you taking your son around family unless there is a danger

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I'm representing myself and need to know how to ask for Production of documents and request for admission.

I have a few documents I need from my ex, and 12 questions I want him to answer. In my county we have a printable interrogatories paper, but nothing for the other 2. Not sure how to ask for them, or if there is anything special I have to do. Can I just email my request to his lawyer, or do I have... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2022

See the Florida Rules of Civil Procedure, particularly Rules 1.280 through 1.280.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I'm representing myself and need to know how to ask for Production of documents and request for admission.

I have a few documents I need from my ex, and 12 questions I want him to answer. In my county we have a printable interrogatories paper, but nothing for the other 2. Not sure how to ask for them, or if there is anything special I have to do. Can I just email my request to his lawyer, or do I have... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

It’s a really bad idea to represent yourself. The first place you need to look is... Read more »

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: I need to know what to do to get my child back in my life back in my custody
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Jun 24, 2022

Contact a family lawyer to know if you can request for a child custody re-evaluation. You will need to proof that getting your child back is in his/her best interest.

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3 Answers | Asked in Child Custody and Family Law for Florida on
Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... Read more »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Jun 24, 2022

File a Motion for Contempt.

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3 Answers | Asked in Child Custody and Family Law for Florida on
Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... Read more »

Mr.  Joseph Lafayette Gufford III
PREMIUM
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

Sure, you can file a motion for contempt/enforcement. On the other hand, it might be beneficial to consider filing a modification action and pick up some child support along the way. Support should be retroactive to the date she stopped exercising access. Talk to an experienced family law attorney.

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1 Answer | Asked in Child Custody for Mississippi on
Q: Can a 3rd party take temporary custody of my child without any proof of neglect or abuse?

The court has issued temporary custody of my child on allegations of child abandonment and neglect however failed to provide any proof of this and I am restrained from having any contact with them until my next court date on Friday.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 23, 2022

You do not say which court entered the order removing your child. The Court will usually err on the side of protecting the child on an emergency basis, but evidence had to have been presented to cause a Judge to make such a ruling. However, the hearing on Friday will be an opportunity to test the... Read more »

1 Answer | Asked in Child Custody for New York on
Q: Could my sister lose in court custody because she works midnights?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 23, 2022

No.

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