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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: I need help getting my grand parents rights

I was seeing my grand daughter just about every day now I can’t see her because my daughter won’t let me because she is mad

Julie Fowler
Julie Fowler
answered on Sep 3, 2024

You may be able to bring a case for grandparent visitation rights.

It would be your burden to prove by "clear and convincing evidence" that you had a significant beneficial relationship with the child. You would also have to should that it is in the child's best interests...
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2 Answers | Asked in Child Custody for Georgia on
Q: Can a mother terminate biological fathers rights after divorce without their acknowledgement
Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 16, 2024

No, in order to terminate someone's parental rights you have to obtain an order from the court. Which means you must file the proper action, have the defendant served, and appear before the court and plead your case.

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1 Answer | Asked in Child Custody, Family Law and Civil Rights for Tennessee on
Q: Who has custody if the judge removed from mother and placed with grandfather then took from him but did not place them

I lost custody of my children in 2017. They were bounced around a few times and ended up in the custody of my dad for a couple years. He got sick and just sent them to live with my sister in another state. Well when I petitioned the court to get them back the judge denied me because of a cluttered... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you are in a very challenging situation, and it’s understandable to feel frustrated with how the court has handled things. If the judge did not place the children back with your father or officially grant custody to your sister, it appears there may be a gap in the legal custody... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How do I petition the court for visitation with my 2 children if I don't know where they are? I live in Oregon.
Steven Leskin
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answered on Sep 2, 2024

You do not give enough information to meaningfully answer this question.

Has there been a custody proceeding between you and the mother? Has there been any other court involvement? Are you currently paying child support? Were you and the mother married? Was there domestic violence between...
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1 Answer | Asked in Family Law, Child Custody and Child Support on
Q: child support documents state that my wife, is the custodian, and i am the non custodian, but we share 50/50? how to fix

I received a child support packet, for temporary orders. I asked the person in charge of our case, but according to him, he is just the enforcer and he said that i should be the non-custodian parent, but i disagree with that, i am afraid if i leave it like that or agree to that, they are going to... View More

James L. Arrasmith
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answered on Aug 6, 2024

You should address this issue by filing a formal objection with the court handling your case. In your objection, clearly state that you and your wife share custody equally and provide any documentation or evidence that supports this claim, such as the custody agreement or court order detailing the... View More

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: Can my ex wife all the judge to change the wording to a motion that was granted to me while at a status hearing

Was granted a motion for reunification counseling to be ordered. At next status hearing, ex wife asked that the wording be changed from reunification counseling to family counseling. These are very different types of counseling with different objectives. Judge allowed it. Can I challenge this? I... View More

Cheryl Powell
Cheryl Powell
answered on Aug 31, 2024

The objection should have been made before he changed it. If the order was changed less than 30 days ago you can try but I don't know that it is going to get you anywhere. This is a problem if you are acting as your own lawyer.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Are parents being punished for getting their children help for mental health related issues?

By punished I mean having their child placed in foster care? My boss is having me research this topic but I am stumped. She said it has been seen in Ohio and Colorado family law.

Jennifer Setters
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answered on Aug 12, 2024

In Nevada, parents should not be punished for seeking mental health support for their children. In fact, addressing a child's mental health needs is often viewed positively, as it demonstrates a commitment to the child's well-being. However, each case is unique, and how mental health... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: I and my spouse have custody of my nephews and we split up do I automatically get joint custody with primary residency

Of my nephews since they are legally my blood relatives

Howard E. Knispel
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Howard E. Knispel
answered on Aug 31, 2024

Nothing is "automatic". Do you have a court order granting you custody? Does it grant it to you, or to you and your spouse? If there is no court order then you do not have legal custody and should go to court to seek custody or guardianship, whichever is appropriate in your case. Talk... View More

2 Answers | Asked in Child Custody for California on
Q: Hello how do i get information on affordable help to file for custody of my kids ?

Dad & i are separated

Tobie B. Waxman
Tobie B. Waxman
answered on Aug 30, 2024

I guess it depends on what you consider to be affordable. You can contact different lawyers and ask them what they charge and decide what you think is affordable or fair. Just remember. You get what you pay for.

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Michigan on
Q: if I was a victim of domestic violence 3 years ago from my son's father and I have multiple photographs of The assault,

but in fear for my life never reported the abuse, then this year he called the cops lying saying i attacked him and had me arrested based on an audio recording from a fight a verbal argument when he crashed and hacked into my Wi-Fi breaking my new router but didn't have any physical evidence... View More

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You could try, but I doubt a prosecutor would want to charge something like.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: What are my rights? A judge ordered me to apply for government assist and if I don't she will input the child support

The father hadn't paid child support since 2022 of December and the judge was aware of this. My small income was scrutinized in a child support trial earlier this year. Meanwhile the father makes 6 figures and have made no effort to pay child support. The judge literally asked me on the... View More

James L. Arrasmith
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answered on Aug 4, 2024

Under California law, you have the right to receive child support from the non-custodial parent regardless of your own income or employment status. The court should ensure that the child support amount is fair and based on both parents' incomes and the needs of the child. It is not appropriate... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My baby's father took my baby, is refusing to let me see her, & the police won't let me. What can I do?
Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You need a court order. The police will otherwise not interfere.

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for California on
Q: What are my legal options if the county refuses to provide requested court records for my children in state care?

Given these circumstances, could you please advise on the following:

1. What are my legal options if the county fails to provide the requested court order and records in a timely manner?

2. What steps can I take to ensure compliance and transparency from the county?

3. How... View More

James L. Arrasmith
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answered on Aug 2, 2024

If the county fails to provide the requested court records in a timely manner, you have several legal options. You can start by sending a formal written request to the county’s records department, emphasizing the urgency and your right to access these documents. Make sure to keep a copy of this... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: My nephew is in prison and the mother of his daughter is walking a fine line and cps keeps showing up looking for her sa

I was court ordered to supervise visit at my home with my nephew and his daughter and for her whole 3 years have been allowed by both parents to have her anytime I wanted sometimes 4 or 5 days a week.

Now they live with me even her new baby by someone other than my nephew so I see her daily... View More

James L. Arrasmith
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answered on Aug 2, 2024

You have a strong bond with your nephew’s daughter, and it’s clear you want what’s best for her. Under California law, the court prioritizes the child’s best interests when making decisions about custody and visitation. Since you’ve been consistently involved in her life and have provided... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for California on
Q: Separated for 4 years now, but my ex has been claiming my daughters for federal when my daughters live with me 100%

*Edit: he’s been collecting federal/state aid. An investigator came to my house and said their father put me as an absent parent and I may need to pay child support or my wages will be garnished.I have tried filing for divorce but it was been rejected. I need help!

James L. Arrasmith
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answered on Aug 2, 2024

In California, you should immediately seek legal assistance to address the issue of your ex claiming your daughters and receiving aid fraudulently. Document all evidence showing that your daughters live with you full-time, including school records, medical records, and any other proof of residency.... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If my case was just closed and i want to file to reopen it can I do it pro se or am I still technically represented

I had a lawyer for the case but want to proceed pro se. If the case is closed can I just continue pro se. Do I need to ask attorney to withdraw or can I file a motion for substitution of counsel stating that I am now representing myself

Destardes Moore
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Destardes Moore
answered on Aug 7, 2024

If your case has been closed, you can reopen it without retaining an attorney for the new issue. You would file your document with the clerk of court pro se, and a motion for substitution would not be necessary.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for California on
Q: In CA, if the other parent hasn't paid child support in over a year can you terminate rights without adoption?

Custodial parent has sole custody and other parent has not paid court ordered child support or had contact in over 1 year, there's no established relationship between other parent and child and other parent has been absent most of child's life. I was previously told that custodial parent... View More

James L. Arrasmith
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answered on Jul 31, 2024

In California, terminating a parent's rights is a serious legal matter, and it typically requires another person to adopt the child. The main reason for this is that the court aims to ensure that the child has two legal parents who are responsible for their welfare and support. Simply... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Child visitation states the father gets 2 days a week for visitation on his days off from work. To start at stop at scho

Ol dismissal or 3 pm shall school not be in session. Does that mean 3 pm on first day he gets them and returns them 3 pm the second day?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 5, 2024

We cannot see the actual wording of your document so we cannot answer your questions about what it means. I would suggest consulting your previous attorney or if you represented yourself, a new attorney who can review the document and advise you properly.

1 Answer | Asked in Child Custody for Texas on
Q: How do I file a motion to dismiss a child custody case from Louisiana for modification in Texas?

I live in Texas with my daughter, but her Dad lives in Louisiana. Lately, he's become aggressive and can't stick to the orders. He recently filed a report with CPS with false allegations. I'm needing to enforce the orders and modify them in Texas. I understand there's a motion... View More

John Michael Frick
John Michael Frick
answered on Aug 1, 2024

Under the Uniform Child Custody Jurisdiction Act, Texas becomes the "home state" of the child once the child has resided in Texas for six months. If your child has resided in Texas for at lease six months, you can simply file a motion to modify in a district court with family law... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can I be required to provide transportation to and from school for my child during his mothers custody time
Pamela J. Fero
Pamela J. Fero
answered on Jul 30, 2024

Carefully read through your current custody agreement or parenting plan. It may already include provisions regarding transportation responsibilities. Speak with the other parent to discuss and negotiate transportation arrangements. Sometimes, an amicable agreement can be reached without going to... View More

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