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2 Answers | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Nebraska on
Q: Ex mother in law took daughter night baby mama was arrested. I went to go get daughter and there is a trespassing order

August 31st baby mama was arrested for multiple charges. My ex mother in law took my daughter. I haven't seen my daughter in 4 months. Ever since baby mama went to jail I've been trying everything and anything. Law enforcement is no help what so ever. All they tell me is that it's a... View More

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

From what you describe, it sounds like you need to file a custody action asap. This is a type of civil action. The longer you wait to file the action, the harder your case becomes. When you file your custody action, then the Judge gets to decide who should have custody of the child. A... View More

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1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Domestic Violence for Texas on
Q: Hello I was accuse of felony 3 , and I am innocent the Harry's County I want to do a public trial because

They have done so much injustice in my case

18692040 Harry's county district

James L. Arrasmith
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answered on Sep 11, 2024

It's understandable that you're feeling frustrated and wronged by the accusations against you in Harris County. Being accused of a felony, especially when you believe you are innocent, is a serious matter and can be overwhelming. You have the right to a fair and public trial, and pursuing... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Ohio on
Q: What to do when a grandparent that has no court order or rights is stalking my child and making them feel unsafe?

She has already shown up at my house at random times demanding to see my kids. Has made false accusations and called the police on me. I have full custody and need some advice. I tried to get a protection order but was told I didn’t have enough evidence at that time.

Nicholas P. Weiss
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answered on Sep 17, 2024

When she shows up call the police as she is trespassing.

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Probate for California on
Q: Why would I have a detention hearing from CPS?

My children remain in my care but I was made to sign a “safety plan” and given a detention hearing court date. Everything online says these take plan after/if children are removed. What is to be expected at this hearing? Do I need a lawyer and how do I get information on these allegations?

James L. Arrasmith
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answered on Sep 8, 2024

A detention hearing from Child Protective Services (CPS) typically happens when there are concerns about a child's safety or well-being. Even though your children remain in your care, the fact that you were asked to sign a “safety plan” suggests CPS may have identified some risks or... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: how do i find my child in another state? how do i get custody or some sort of visitations? PLEASE HELP ME

i went to prison in 2017 and was forced to sign some papers what i think was signing mhy rights away to my son.i dont know what states hes in and the only time his mom contacts me is when she needs something. i want to be apart of my sons life not just as an atm but as an actual father. i need help... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

To find out where your child is, start by contacting the child's mother for his location. If she refuses, consider hiring a lawyer or private investigator, or seek help from friends, family, or social media. Consult a family law attorney in your state or where your child may be to determine if... View More

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: i have a friend who is not married and has a kid with her boyfriend. she wants to leave but he threatens to take baby

He threatens to call the cops and say she’s unfit to make sure she can’t leave. he makes her feel it’s an impossible situation to get out of. he doesn’t abuse her. she just doesn’t want to be with him anymore. What can she do. Will she be able to leave ? Does he have any parental rights... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2024

First things first: yes, she can leave. While he may be the legal father, the mother has initial custody.

She should prepare to leave when it is safe to do so (e.g., has some place to go).

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: How can I obtain all rights taken away from father?

I have full custody of my son, father is trying to modify order. He has only seen him 8 times in one year. Has visitations Saturday and Sunday from 9am-12pm each day. Has been asked to take couple of classes since I have a restraining order against him for DV. But has not taken any class he has... View More

James L. Arrasmith
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answered on Sep 6, 2024

To seek termination of the father's parental rights, you need to demonstrate that his behavior is detrimental to your child's well-being. Since he has not consistently exercised his visitation rights and has ongoing issues such as drug problems, mental health concerns, and failure to... View More

1 Answer | Asked in Child Custody, Divorce, Immigration Law and Civil Rights for California on
Q: Looking for a probono attorney for my divorce my husband has left me with no asset and wants to take everything

I am a stay at home wife and documented married 10 years. I don’t have any sort of income. He makes all the money and has cut me off. I have no car to go see any lawyers or the court. He didn’t give me a green card papers so I can’t get a job and he wants me to pay him and pay all the fees... View More

James L. Arrasmith
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answered on Sep 6, 2024

It sounds like you are going through a very difficult situation, and there are resources available to help you. Since you are a stay-at-home wife with no income and no access to transportation, you might want to consider reaching out to local legal aid organizations that provide free legal services... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is there any laws for default jurisdiction?

My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.

I dismissed her because we weren’t in... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

Every state has a jurisdiction requirement for filing lawsuits. In Florida (and many other states), in order to file for divorce one party has to have lived in the state for at least six months. Wherever you decide to file, you must meet the jurisdiction requirements. Speak with a local family... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: Can 2 minors my mother has temp custody of come live with me and my wife while we are petitioning for adoption/guardian

My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.

That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent...
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1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: The father of my son hasn’t seen, called, checked in or financially supported him in over a year. Can my Husband adopt?

We have not heard from his father in a year if not longer. I have given up on texting and calling him due to him not replying. I send pictures here and there with no response. He has never financially helped in the whole 5 years but I never asked for child support. So at this point I think it’s... View More

Nicholas P. Weiss
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answered on Sep 17, 2024

You can file for a step-parent adoption in your county's probate court. Because the biological father has not been involved or paid support to you in over a year (even without a support order) his consent is not required to commence the adoption. You do not need to file for abandonment.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have out state parenting plan from GA and would like to enforce that in Tampa Florida.

Do you know if that can be done and how?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

As long as one of the parents or the child lives in Tampa then you can file a motion for enforcement. You may need to attache a certified copy of the Georgia court order (parenting plan). Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for California on
Q: If custodial parent is denying court ordered visits(supervised)and non custodial filed for contempt , what happens next?

My brother (non custodial parent) is supposed to do a step up program, his first step is supervised visits twice a week and mother designated the supervision monitor. 3 weeks into the visits mother(custodial)stops responding and when he asks for his visits mother states she wants him to get a court... View More

James L. Arrasmith
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answered on Sep 4, 2024

Your brother should absolutely continue requesting his visits and documenting all communication with the mother. If she is denying court-ordered visits despite his compliance with her request for a court-appointed monitor, this could strengthen his contempt case. Keeping detailed records of her... View More

1 Answer | Asked in Family Law, Business Law, Child Custody and Civil Litigation for California on
Q: Opposing Counsel's Unfounded Accusations in Divorce/Custody Case Based on Court Error?

I followed a court order in my divorce/custody case, but due to a court error, it appeared I hadn't complied. The court clerk acknowledged the mistake. Despite this, opposing counsel immediately accused me in their declaration, stating, "Petitioner's actions and stonewalling... View More

James L. Arrasmith
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answered on Sep 4, 2024

In custody cases, courts prioritize facts and evidence over unsupported allegations. If you have documented proof, such as the court clerk's acknowledgment of the error, that you complied with the court order, the court is likely to focus on this evidence rather than on opposing counsel's... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Public Benefits for California on
Q: If the state oversteps a parent and issues a removal with no just cause what are the parents legal options

Need immediate attorney. Civil harassment and liability with unlawful search and seizure of jurisdictional minor denied access with no recourse from the current appellate court. What are the options in a family court

James L. Arrasmith
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answered on Sep 4, 2024

If the state has removed your child without just cause, you have several legal options to challenge this. First, you should file an immediate motion in family court to request the return of your child. This can include a request for an emergency hearing, where you can present evidence that the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How do I add my last name to my child’s as part of my divorce in California? Tried the normal route and told wrong venue

Followed all the steps for child name change: I filed, served (the father,) paid to have printed in the newspaper and appeared in court but was told by the judge it was the wrong venue due to the fact that I am also going through a divorce. so my question is do I fill out the civil name change... View More

James L. Arrasmith
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answered on Sep 5, 2024

In California, when you are going through a divorce and want to change your child's last name, you need to handle it within the context of your divorce proceedings in Family Court. Since you were informed that the civil court was the wrong venue, you should address this matter directly in your... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Puerto Rico on
Q: Child support was established over 10 years ago after divorce with no parental planning established. Is that legal?

Even though physical separation of non-custodial parent and child is due to be Active Duty. My husband fears to present a motion to revisit this matter due to child support increase request from custodial parent. Also therapy and medical evaluations were not provided to the minor in all this time,... View More

James L. Arrasmith
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answered on Sep 13, 2024

It is possible to revisit a child support and custody arrangement, especially if the current circumstances are not benefiting your husband or his relationship with his daughter. Even though child support was established over 10 years ago, the absence of a formal parental plan doesn't mean... View More

1 Answer | Asked in Child Custody for Kentucky on
Q: Ex wife lost custody of our child to cps. Can I get some custody at initial hearing even if I live in another state?

The state took emergency custody of my child that I have with my ex-wife as well as the younger child that she has with her now husband. I live in a different state but have joint custody and have our child every other weekend and for all breaks. Can I get sole custody of her at the initial court... View More

Timothy Denison
Timothy Denison
answered on Sep 2, 2024

Possibly. You’ll need to make sure you attend the hearing in person or electronically or in some manner the court permits.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is a default judgement bad for the plaintiff in a divorce case?

I’m getting divorced and my ex wife and me may or may not have a kid together. I’m here in Florida and she moved to Tennessee and she refuses to do a DNA test or respond to my attorney. She’s been served and her 20 day response time expired 2 months ago. I’ve paid for mediation but the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 2, 2024

The answer to your question depends on what relief you are seeking. If you just want to get divorced then a default can help end the case. If there is a child involved then the court cannot rule on children's issues with a default so those issues are reserved, but you still get divorced. If... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: How does biological mother start to get custody of child after adoptive parent has died?

Adoptive parent has died . biological parent wishes to get custody after parental rights were terminated 3 years ago

James L. Arrasmith
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answered on Sep 2, 2024

If you're the biological mother and wish to regain custody after the adoptive parent has passed away, you'll need to take legal action. First, you must file a petition with the court to request a change in custody. This process will involve proving that regaining custody is in the best... View More

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