I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... Read more »
answered on Nov 30, 2022
The child support matter, once it is resolved, will be retroactive to the date of filing. Your attorney should demand the cases be put on for trial. There is no reason a case should be adjourned that many times.
Father got full custody of children in August. I’m in the process of filing an appeal on that. Last month, I filed a custody modification due to ongoing reports of alleged abuse by the father. CPS was called by the ER and by the school. CPS worker blamed me for the calls and accused me of... Read more »
answered on Nov 24, 2022
No, the appeal is based on the evidence presented at trial or information presented to the Family Court judge. You cannot present new evidence on appeal. You could try making a motion to reargue or renew in Family Court.
Drug test by an oasis State facility
answered on Nov 22, 2022
This is one of those questions that lack all of the detail needed to properly respond to. There is also missing an issue except to the extent that a "non-custodial parent's "girlfriend" already submitted to a hair follicle test.
There is a considerable body of case law... Read more »
That was postponed to a trial continues to get postponed have not subpoenaed my girlfriend into court but want to question her they have no witnesses they have nobody to testify my girlfriend is supply drug test reference letters certificates custody orders in regards to her own children and they... Read more »
answered on Nov 21, 2022
If you are not represented by an attorney, I strongly suggest you consult with one immediately. If you are preparing for a custody trial where certified documents may need to be submitted, it is essential that they are done properly. An attorney can also move the process forward for you. You are... Read more »
answered on Nov 11, 2022
The asker can fire his lawyer at any time. The effect on the case could be dire, and the impression on the judge presiding over a case where a litigant does not get along with his lawyer could be disastrous.
Does the father have legal rights after that? Not mentioning any courts. Just the birth certificate part of the question please.
answered on Nov 9, 2022
Unless the parents are married or if not married they both sign an "Acknowledgment of Paternity" or there is a court order naming the father, the "father has no legal rights to the child.
My daughter’s grandmother filed for custody and was granted temporary relief many of reasons given in petition were false. The judge who signed the Show For Cause granting the temporary reliefs, including custody of my daughter, was previously my attorney as a district attorney who represented me... Read more »
answered on Nov 5, 2022
There are many convoluted questions here on Justia that give answering attorneys pause, and this is certainly one of them. The call of the question is whether the judge's order is ineffective given the facts of the question. Let's unpack the facts.
The asker's mother lied on... Read more »
We tried mediation and it failed. We both want a divorce but haven't filed yet. We live in the same building for the time being and agreed to have our 13 year old on alternate weeks. Now they are having anxiety issues when with my spouse for more than a couple of days, but he dismisses me... Read more »
answered on Oct 26, 2022
If you prohibit him from having parenting time he can file a petition with family court seeking custody and/or parenting time. You also can file for the same relief to address the issue b
My childrens dad still live in NJ he was given custody of the kids on 1/08/2020 because the kids were still residents of NJ. DYFFS then found him negligent and the judge granted me residential custody of the kids. We have been in NY for almost 3 years? Visitation order was dismissed without... Read more »
answered on Oct 22, 2022
Custody jurisdiction is based on the residence of the children for the previous 6 months.
TX Custody order, ex moved out of state before supervised visits could be done.
answered on Oct 21, 2022
Yes there are agencies or individuals who supervise parenting time at least in the upstate region. Depending upon where you live, options are available but some charge for each visit. The benefit is that they provide an unbiased report of the visits if you need for court purposes.
I was in a psychiatric center for depression and when i was talking to the therapist they asked me if i had guns in my home and i said yes because my husband is a hunter. I had a 2 year old at home and when i was in the hospital, the therapist called cps on us and they came and checked our house.... Read more »
I was held hostage by my abusive ex , I managed to escape and I never went back . I did not call the police because I was still in denial about being abused at that time but I have photos of texts of him apologizing etc for it . Can I use this as proof for sole custody ? He abandoned his child (no... Read more »
answered on Oct 7, 2022
The short answer is yes they can be used as evidence. However, just beware that you have to meet evidentiary foundations to get the texts & photos into evidence. Speak to a lawyer about this. If you have the means, you should retain an attorney for the process, if you can't afford an... Read more »
My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... Read more »
answered on Oct 3, 2022
You must appear in court to answer the petition. The fact that she is petitioning for custody does not mean that she will be given custody. Because she is a non-parent, she would have to first show extraordinary circumstances, such as abandonment or neglect on your part. She would then have to... Read more »
law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »
answered on Sep 29, 2022
Were her rights terminated or did she simply sign over custody in court memorialized in a custody order? Parents’ rights to custody off their child is supreme to anyone provided she shows it’s in the best interest of the child and if there has been a change in circumstances (assuming her... Read more »
Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?
answered on Sep 24, 2022
No, the cops won’t get involved unless there is a court order. What you have in mind has no legal effect. Better to go to court and get a custody order.
I filed divorce. My wife is using her brother to detach my children from me. I can prove that.
answered on Sep 12, 2022
Custody can be determined in your divorce proceeding either by agreement or by trial. If you and your wife are unable to agree to a custody that you like, you would benefit from retaining an attorney if you hav not done so already.
Won't let me see child been 21 days my lawyer hasn't done nothing and childs lawyer hasn't
answered on Sep 4, 2022
The fact that your spouse had an extra marital affair does not in and of it’s self render him/her an unfit parent. You should speak to experienced family attorney to determine if there are any aspects of the relationship, or the individuals in particular, that would impact the best interests of... Read more »
My ex boyfriend and his fiancee bought a home in CT about six months after we agreed on joint custody. It seems he has plans for the kids to live there with him but will not admit it. He lived in a 2bd room house in the bronx (owned by his mother who lives elsewhere) and moved some of his and the... Read more »
answered on Aug 31, 2022
If he is taking them to school every day from CT then yes they have moved. If it is only on Monday after a weekend in CT then it probably isn't a move. It depends on where the children reside during the week. On the facts presented it is difficult to give an accurate answer. Speak to the... Read more »
answered on Aug 31, 2022
You are well served with an attorney experienced in the area of family law. I am happy to have an intake specialist contact you if you wish to provide your contact information. Message our firm if you are interested in a free initial consultation. This is a common characteristic in many of our... Read more »
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