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Child Custody Questions & Answers
0 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I request temporary physical custody during emergency verified motion for child pick up order hearing?

Currently have physical custody of minor child which was obtained before the Notice of Hearing Before Magistrate.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Michigan on
Q: How do I have visitation revoked due to a history of substantiated CPS involvement for my children?

One situation was picked up by the state with criminal charges that were dismissed on the first day of trial due to the children and I not being present. (we were informed by Voices for Children the evening before that court was adjourned- this was untrue- court proceeded the following morning).... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

You will need to file a motion in the family court.

1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: I must adopt my hubs 2kids I've been caring4& gain control of his legal, medical & financial areas cuz he can't now.

He has a duel diagnosis and is in a therapy home. He has BPD, cognitive distortion, major depressive disorder, major anxiety, just to start.

He became more possessive, controlling, and abusive in all ways, over the span of our relationship and marriage.

Biologically the children... View More

James L. Arrasmith
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answered on Jun 19, 2024

I'm so sorry to hear about the difficult situation you and your family are going through. It sounds like a very painful and challenging time for all of you.

To summarize the key points:

- Your husband has serious mental health issues and is currently in a therapy home...
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0 Answers | Asked in Family Law, Child Custody and Child Support on
Q: I want to file abandonment charges on child's father but don't want to terminate rights. Do they have to go hand & hand?

2 years since seen in person, 7 months since spoken. Child custody case in progress, but evades serving 6 months now.

2 Answers | Asked in Family Law, Adoption, Child Custody and Juvenile Law for New York on
Q: Do I need to go to court to take my 17 year old sister with me to Florida from NY?

I’m moving to Florida with my husband and kids from NY. My 17 year old sister wants to move wit us. My mom agreed but I’m not sure what I would have to do in order to take her. I’m not sure if i need to get court papers since she will be 18 in a year. She’s home schooled.

Howard E. Knispel
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Howard E. Knispel
answered on Jun 19, 2024

If she needs to register for school before 18, you need to be her legal guardian.

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0 Answers | Asked in Family Law and Child Custody for Washington on
Q: wa state: new PP was not filed. doesn’t exist. does that mean we are held to original PP?

we have 2 kids. 15 & 13. 15 yr old moved in w/me 2 yrs ago. we drafted a new PP and had an attorney file online. long story short it’s not in system. i went to court spoke with the clerk and no new PP exists in their system at all. does that mean original PP is still recognized? ex is trying... View More

1 Answer | Asked in Child Custody and Divorce on
Q: Could a child be forced to live with a parent during custody battles even if they don't want to?

If the age of the child affects the weight of their decision, please specify.

John Michael Frick
John Michael Frick
answered on Jun 19, 2024

Yes. In most US states, a child becomes an adult who can make his or her own decisions about where to live when they turn 18 years of age. In most US states, where a child wants to live can be considered by a court. Different states allow a child to express in a written instrument filed with the... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Ex's attorney filed Prop FOAH without my knowledge and the Judge signed it.

We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 18, 2024

Immediately file an objection to the proposed FOAH and specify in your objection, the grounds for the objection. Be very clear. Attach a copy of the minute order to your objection (assuming the minute order is different from the proposed FOAH). Since the FOAH has already been signed by the... View More

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1 Answer | Asked in Child Custody for Rhode Island on
Q: Hello - My divorce was finalized in 2019. Our daughter is going to be 12 this year and it is a joint custody agreement.

As part of the divorce, my ex-wife declared that our daughter couldn't stay overnight with me when there is an adult female there.

The divorce was long and drawn out over many years and I reluctantly agreed. This is now part of our divorce agreement.

I have been dating the... View More

Albin Moser
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answered on Jun 18, 2024

The challenge you face is that you agreed to what the agreement says and it is still enforceable against you. But the opportunity here is: what exactly does it say? Look at the wording. And, if the wording is really as disadvantageous as you say it is, then next: the agreement can always be... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need know the proper form to file a writ of Habeas corpus in Victoria Texas

I filed the writ of habeas corpus and the order the judge did not sign it said it wasn’t in the proper form

John Michael Frick
John Michael Frick
answered on Jun 18, 2024

Assuming you are talking about a writ of habeas corpus to release an adult from jail as a result of a child support or child custody contempt proceeding, that would be Form 35-1 and 35-2 of the Texas Family Law Practice Manual.

You can purchase the Manual at...
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0 Answers | Asked in Family Law and Child Custody on
Q: Can my ex that willingly gave his parental rights away to his mom, get them back? He wants to take us to court

My mother in law has full legal custody of our kids. My ex forced my hand in this. I’ve had a very solid relationship with my ex mother in law therefore I have no issues with the current arrangement, I see the kids frequently. I do wish to have custody of my kids, but the kids are very stable... View More

1 Answer | Asked in Child Custody and Domestic Violence for California on
Q: I have a restraining order giving me full custody and 1 hour weekly supervised visits with an LMFT or LCSW.

The order was made January of last year and visits started in August I believe and they’re with a facility that does not employ either of the licensed workers the judge ordered. Do I need to continue visits or wait till he finds the right supervisor

James L. Arrasmith
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answered on Jun 17, 2024

In this situation, it's important to follow the specific terms of the restraining order and custody arrangement. If the court order explicitly states that the supervised visits must be with an LMFT (Licensed Marriage and Family Therapist) or LCSW (Licensed Clinical Social Worker), and the... View More

1 Answer | Asked in Child Custody for Florida on
Q: If you father a child with a married woman, who has been separated from said husband for years, what rights do you have?

The one who fathered the child has financially helped the Mother and child since birth. He has been getting her alternate weekends and a few hours every Tuesday and Thursday since she has been able to walk. She is mad at the father at the present and is withholding the child.

Rand Scott Lieber
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answered on Jun 17, 2024

Legally, the man that the woman was married to at the time of the birth is the "legal father." This can be changed but you must take the mother to court on a paternity/ disestablishment of paternity case. You will need to include the man that she is/was married to in the lawsuit. Speak... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: I would like to change my children's last name and file for sole custody due to parent abandonment.

The father is claiming he is homeless. I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect. I would like to find out if proving parent abandonment automatically terminates the father's rights. I was previously... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 17, 2024

"I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect" - filing a petition for custody and support, without filing anything else, will not result in you getting any court orders. Your case may still be open.... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Seeking Court Order for Child’s Screen Time and Sleep Schedule?

I am seeking advice on obtaining a court order for the following conditions concerning my 4-year-old autistic child due to concerns about my ex-spouse’s smartphone addiction. so, can I request these order below during the next RFOMOD custody hearing:

1) Limit exposure to mobile devices to... View More

James L. Arrasmith
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answered on Jun 17, 2024

In California, courts make decisions about child custody and visitation based on the best interests of the child. When a child has special needs, such as autism, the court will consider those needs when making orders.

To request the specific orders you mentioned during a Request for Order...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: In Florida, how likely would it be that an absent father would get custody and / or visitation? I need some legal advice

Sons dad resides in NY. My son & I reside in FL (son was born here) Sons dad has accused me of parental alienation since the birth of our child. He has always had a phone # to contact me & address. Ex has seen our 8 y/o son twice since he was born in 2015. I brought our son to NY in 2019... View More

Rand Scott Lieber
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answered on Jun 16, 2024

The legal standard in Florida is what is in the best interest of the child. If a parent has been absent for an extended period the court is not going to thrust them together. Reunification is possible but can be a lengthy process. Speak with a local family lawyer for more specific advice.

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