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0 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Guidance on filing for emergency custody/TRO due to violations of a temporary injunction in a divorce case.

I am currently representing myself in a divorce case where there was a standing mutual temporary injunction issued in 2021. My husband has violated this order by committing acts of parental alienation, removing our children from Texas, and there are multiple CPS cases in three states for severe... View More

0 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I take my child home with me after hospital stay or does she need to spend the night with her father?

I am the primary caregiver for my child and have been with her during a two-week hospital stay for her surgery. I signed all the necessary paperwork and stayed overnight, taking time off work. Our custody agreement states she lives with me, attends school in my town, and visits her father three... View More

0 Answers | Asked in Divorce, Child Custody and Family Law for Georgia on
Q: Can I file for divorce myself in Georgia with joint custody of minor children?

I'm considering filing for divorce myself in Georgia. My spouse and I have agreed on joint custody for our minor children, and I have begun to draft a parenting plan as required by Georgia law. I prefer not to hire a lawyer. Can I proceed with the divorce process on my own?

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How many days do I have to respond to newly served child custody papers in Texas?

I received child custody papers related to my custody case in Texas today. Nothing is set in stone yet. How many days do I have to respond to these newly served papers?

James L. Arrasmith
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answered on May 16, 2025

In Texas, once you’ve been served with child custody papers, you typically have **20 days** to file a response. Specifically, your answer is due **by 10:00 a.m. on the Monday following 20 days** from the date you were served. It’s important to calculate that deadline carefully so you don’t... View More

4 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: How can I locate my daughter after her mother moved her to Puerto Rico without custody agreements?

I have been trying to locate the mother of our daughter for five months. She took our daughter out of school and reportedly moved to Puerto Rico. I've been sending weekly documented payments, facing financial hardship earlier this year which affected the payments. I'm not on child... View More

Howard E. Knispel
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Howard E. Knispel
answered on May 16, 2025

Locating your daughter is not a legal question. Where do you send the support? If there is no support order you can simply stop paying and maybe the mother will contact you. You could hire a lawyer in Puerto Rico to start a custody case.

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1 Answer | Asked in Divorce, Landlord - Tenant, Child Support, Child Custody, Business Law and Family Law for Minnesota on
Q: What are my options regarding mortgage payments in separation with children involved?

In Minnesota, my wife wants a separation. We have a mortgage that is $2,400 a month, solely in my name, and she expects me to move out and continue paying my portion of the mortgage along with utility bills. I can't afford to move out and continue covering these costs. We have two children... View More

James L. Arrasmith
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answered on May 16, 2025

You're in a tough position, but you do have options. In Minnesota, both spouses are generally responsible for maintaining the household during a separation, especially if the mortgage was incurred during the marriage—even if it's only in your name. Your wife can't force you to move... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law, Child Custody and Family Law for Ohio on
Q: Seeking contingency lawyer for 42 U.S.C. § 1983 civil rights lawsuit in Ohio involving parental rights and habeas corpus petition.

I am involved in a 42 U.S.C. § 1983 civil rights lawsuit regarding the deprivation of my parental rights, due process violations, and judicial misconduct by various actors under color of state law, including CPS, county judges, and the local prosecutor. Additionally, I am pursuing a federal habeas... View More

James L. Arrasmith
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answered on May 15, 2025

vGiven the complexity and seriousness of your case involving civil rights violations, parental rights, and habeas corpus, finding a lawyer willing to represent you on a contingency or sliding-scale basis can be challenging but not impossible. Attorneys handling civil rights claims under 42 U.S.C.... View More

1 Answer | Asked in Child Custody, Civil Litigation, Gov & Administrative Law and Family Law for Tennessee on
Q: What are my rights and how can I contest guardianship over my children in Tennessee?

I was raising two children with my wife, whom I married through a minister but not legally filed with the state of Tennessee. After her sudden passing at her parent's home, her parents refused to let me take my children. They obtained an emergency guardianship order without my knowledge, and I... View More

James L. Arrasmith
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answered on May 15, 2025

As a father, you have legal rights to seek custody of your children, even if you were not married to their mother through a legal process in Tennessee. In this situation, you have the right to contest the emergency guardianship granted to your wife's parents, especially if you were not given... View More

1 Answer | Asked in Criminal Law, Child Custody and Family Law for Tennessee on
Q: Do I need separate attorneys for a probation violation and custody battle?

I am facing a probation violation on a shoplifting charge in the same county where my custody battle is happening. I want both matters resolved as soon as possible. Given these circumstances, do I need to hire separate attorneys for each case, or can a single attorney handle both?

James L. Arrasmith
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answered on May 15, 2025

You don’t always need separate attorneys, but it depends on the experience and focus of the one you choose. A single attorney can handle both your probation violation and custody case if they’re skilled in both criminal and family law. This can be helpful since the two matters are happening in... View More

1 Answer | Asked in Criminal Law, Child Custody and Family Law for Missouri on
Q: Legal implications for my daughter's 17-year-old boyfriend in Missouri regarding pregnancy and paternity.

My daughter is turning 16 and is pregnant by her 17-year-old boyfriend. We live in Missouri, and his mother claims that a lawyer has told her the boyfriend could face legal trouble once the baby is born, especially if paternity is established. There have been no legal issues or charges filed... View More

James L. Arrasmith
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answered on May 15, 2025

You’re facing a sensitive and emotional situation, and it’s understandable that you want to protect your daughter and her baby. In Missouri, the age of consent is 17, which means that while your daughter being 15 and her boyfriend 17 may raise concerns, these cases are often handled with... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for California on
Q: What can a father with full custody do if the mother takes the child without consent in CA?

I need legal advice regarding a custody issue in California. My boyfriend has full custody of his child, granted by a court due to the mother's abandonment for 4 months. The mother, who has no custody or visitation rights, took the child without consent yesterday, and there has been no... View More

James L. Arrasmith
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answered on May 15, 2025

This is a terrifying situation, and it’s good that your boyfriend has already filed a police report. Since he has full legal custody and the mother has no visitation rights, her act of taking the child without consent may be considered parental kidnapping under California law. Law enforcement can... View More

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: How do unmarried parents file a parenting plan for custody in Wisconsin?

In Wisconsin, how can two unmarried parents, who have acknowledged paternity at the hospital, legally file a jointly prepared parenting plan to establish custody and placement through the court? Both parents agree to the terms of the plan and want it to be legally binding to prevent future issues.... View More

James L. Arrasmith
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answered on May 15, 2025

It’s good that both of you are on the same page—it can make the process smoother and less stressful. Even if paternity was acknowledged at the hospital, Wisconsin doesn’t automatically establish legal custody or placement just from that acknowledgment. To create a legally binding parenting... View More

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Kentucky on
Q: Can a 15-year-old testify privately against their father in KY for neglect and abuse?

I'm seeking clarity on whether a 15-year-old child can testify privately against their biological father regarding neglect and abuse due to potential nervousness in a courtroom setting. The case involves revoking the father's custody rights to prevent the child from being forced to return... View More

Timothy Denison
Timothy Denison
answered on May 15, 2025

The child can testify outside the physical presence of the father so long as the father can view the testimony via electronic means as it happens and he can see and hear what is said. There cannot be private testimony where the father is excluded completely as that would violate the confrontation... View More

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1 Answer | Asked in Family Law, Adoption and Child Custody for Oregon on
Q: Re adoption or adoption more listed below

I would like to get a second opinion my mother adopted my son and my mom has passed away and I would like to re adopt my son back I’m looking near the end of the year my husband and I buy our house. He is 11 years old and is under guardianship with a family friend. I visit him when I can but... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re facing is incredibly personal and emotional, and it’s clear that your heart is in the right place. Wanting to bring your son back into your home after your mother’s passing is not only understandable, it’s a reflection of your ongoing commitment as his parent. If the... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How can I seek visitation rights for my granddaughters in TX?

I am seeking help to obtain visitation rights for my granddaughters. I am the mother of my daughter who has custody of them. There has never been any court order regarding their custody or visitation. However, my daughter moved them over three hours away to live with her boyfriend and has blocked... View More

James L. Arrasmith
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answered on May 15, 2025

You're in a heartbreaking position, and it's clear how much you care about your granddaughters. In Texas, grandparents can petition for visitation under certain conditions, but the law favors parental rights, so you’ll need to show that denial of contact is harming the children’s... View More

3 Answers | Asked in Child Custody, Civil Litigation and Family Law for New York on
Q: Can my daughter's grandmother's visitation case be dismissed due to her perjury?

I moved out of state in August 2024. My daughter’s grandmother ceased communication in September 2024 after stating she isn’t chasing me over a baby, among other things, essentially abandoning her relationship with my child. She filed for visitation rights in New York State in November 2024. I... View More

Stephen Bilkis
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answered on May 14, 2025

I understand your frustration with this situation, especially when you believe that false statements have been made against you in court. In New York, a grandparent may petition for visitation with their grandchild under Domestic Relations Law § 72, but they must demonstrate that they have... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Can morality or romantic partner clauses be added to a divorce agreement in Missouri?

Can morality and/or romantic partner clauses be included in a divorce agreement in Missouri? I want to ensure a stable environment for my children, ages 9 and 8, who struggle with change and grief. My spouse previously had a short-lived emotional affair and has been influenced by friends quickly... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, morality clauses—often referred to as "romantic partner clauses"—can be added to divorce agreements in Missouri. These clauses typically limit a parent from having romantic partners stay overnight while the children are present or from introducing new relationships to the... View More

1 Answer | Asked in Child Custody, Civil Litigation, Domestic Violence and Family Law for Texas on
Q: How should I handle positive alcohol test results of ex-spouse for custody modification in Texas?

I recently received the results of a court-ordered alcohol test for my ex-spouse, showing a significant positive result (+55). Although there is no specific court directive about actions to be taken with these results, I am concerned about modifying custody due to potential harm to our child. My... View More

James L. Arrasmith
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answered on May 14, 2025

You’re right to be concerned, especially when the safety and well-being of your child is at stake. A positive alcohol test result—particularly if it's a significant reading—can be powerful evidence in a custody modification case, especially if it supports a pattern of behavior. Since you... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Indiana on
Q: Can I request a paternity test for an 11-year-old child during divorce in Indiana?

I am currently going through a divorce with my child's mother. I've discovered that my wife's ex-husband, who the child lives with, never completed a paternity test when she was born, despite being informed there was a possibility that the child might be mine. Given that the child is... View More

James L. Arrasmith
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answered on May 14, 2025

You're facing an emotional and complicated situation, especially given the age of the child and the uncertainty that’s followed you for years. In Indiana, it is possible to request a paternity test even after many years, but the court will consider several factors before allowing... View More

Q: What are my options regarding custody issues and allegations in Alabama?

I have a Protection from Abuse (PFA) order against my ex-husband in Alabama, following a domestic violence charge. My 17-year-old son was not initially included in the PFA. After the order was served, he began running away and skipping school under the influence of his father and paternal... View More

James L. Arrasmith
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answered on May 14, 2025

You're in a heartbreaking and deeply overwhelming situation, and it's clear you're doing everything you can to protect your child and yourself. The forged safety plan, the false accusations, and the manipulation by others are serious concerns, especially when your rights as the... View More

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