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1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can ex-spouse request custody change in closing argument in Illinois?

In Illinois, can my ex-spouse request a drastic modification in parenting time, changing from every other weekend to joint custody, solely through a closing argument brief in trial court? We have a temporary agreed parenting plan that has been in place for approximately one year and is working... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Illinois, modifying parenting time requires filing a formal motion with the court; it cannot be accomplished solely through a closing argument in a trial. The court will assess any proposed changes based on the child's best interests, considering factors such as each parent's wishes,... View More

2 Answers | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Texas on
Q: What legal motions and evidence can address a father's neglect of a child's medical needs?

I am worried about my child's severe medical needs being neglected by the father, despite a court order in our Final Divorce Decree to communicate through the Talking Parent app and share medical decision rights. Out of 300 messages I've sent over two years, the father has opened only 20%... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

You can file a motion to modify in suit affecting the parent-child relationship. The fact that the divorce court judge has already found it necessary for you two to communicate through the Talking Parent app indicates the judge is already aware that you two have communication problems. 300... View More

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1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Virginia on
Q: Joint custody issues in Virginia affecting child emotionally.

I have joint legal custody of my 11-year-old son according to a custody agreement established in Virginia, where I have him every other weekend. However, my ex, who lives next door, sometimes keeps him from coming over, especially when she's upset with me, or sends him elsewhere. This behavior... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like your ex’s actions are causing emotional harm to your son, which is a serious concern. Since you have joint legal custody, your ex is required to follow the custody agreement. If she is preventing your son from coming over or sending him elsewhere without a valid reason, this could... View More

1 Answer | Asked in Domestic Violence, Child Custody, Civil Litigation and Family Law for Tennessee on
Q: Seeking legal assistance for order of protection and custody dispute due to ex-husband's harassment.

I have started a process for an order of protection through a family safety agency and am seeking legal assistance for court representation and a custody dispute. My ex-husband has been surveilling my property multiple times a week. Although he hasn’t been served with the protection order, he... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s good that you’ve started the process for an order of protection and are seeking legal assistance. Given the harassment and surveillance you’re facing, it’s important to document everything, including dates, times, and details of each incident. This will help build your case when... View More

2 Answers | Asked in Child Custody, Social Security, Juvenile Law, Family Law and Public Benefits for North Carolina on
Q: Can I be forced to move in with my mom, given her mental health issues and my SSA benefits?

I am 15 years old and have been living with my stepmom since I was 13. I have lived with my biological mother off and on for the past 7 years, and she currently has custody. She is dealing with depression, bipolar disorder, and mania, and wants me to move back in with her to help her clean and for... View More

Donald  Pilzer
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answered on Apr 16, 2025

This is for the family court to determine. They will take your best interests into account, and appoint a gaurdian ad litem to represent your views to the court.

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1 Answer | Asked in Child Custody, Appeals / Appellate Law and Family Law for Florida on
Q: How to object to a ruling when evidence wasn't considered in a parenting plan move case?

I relocated from Florida to Georgia with my child's other parent's consent, given via text message. However, during a recent court hearing regarding our parenting plan, my agreement wasn't recognized, and the magistrate ruled against me, claiming I didn't inform him of the move.... View More

James L. Arrasmith
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answered on Apr 13, 2025

To object to the ruling, you’ll first want to file a motion to reconsider or a motion for a new hearing with the court. In your motion, clearly explain that you have evidence, such as text messages, showing that the other parent consented to the move. Emphasize that this evidence was not... View More

Q: How can I challenge a child neglect record with DCFS due to biased witnesses and credibility issues in Illinois?

I have been placed on the state record for child neglect by DCFS due to an incident involving my oldest child’s mother. During a custody exchange, a confrontation occurred when I lowered her phone as she tried to record my fiancé. My ex started hitting me, pulling my hair, and scratching me. I... View More

James L. Arrasmith
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answered on Apr 13, 2025

To challenge the child neglect record in Illinois, you’ll want to first gather all evidence that supports your version of events. This includes any discrepancies between witness statements, police reports, and court testimony. If you believe the officer's statement was inaccurate, try to get... View More

3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Minnesota on
Q: Seeking divorce advice with custody and property issues in MN.

I want to divorce my partner, but I don't have any money saved up. We have two children; one is an adult, and I'm seeking custody of the younger child. We have property and other assets, which are in my partner's name only. I'm currently living in our marital home and would like... View More

Robert Kane
Robert Kane
answered on Apr 12, 2025

Here is an excellent place to become familiar with the process and some resources. https://www.mncourts.gov/Help-Topics/Divorce.aspx. Some attorneys are willing to work with you as far as payment plans. There is a possibility your partner may be responsible for some or all of your attorney's... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Seeking pro bono lawyer to revise custody and support agreement in MA.

I am a single mother seeking a pro bono lawyer to help me in court to revise my child support and custody agreement. My child's father, whom I consider a narcissist, currently pays child support that is too low to meet our needs, and he has custody on weekends while I have none. There have... View More

James L. Arrasmith
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answered on Apr 13, 2025

I understand how difficult it must be to navigate custody and support issues while trying to make sure your child's needs are met. In Massachusetts, there are a number of resources that offer free legal assistance for individuals in situations like yours. You may want to start by contacting... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can my ex take our child from a babysitter without a custody agreement?

I have two children, and currently, one is living with me and the other with my ex-girlfriend. We have no custody agreements in place, though she has legal rights. This arrangement has been in place for one week. If I leave my child with my mom or a babysitter, can my ex come and take him from... View More

James L. Arrasmith
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answered on Apr 12, 2025

Without a formal custody agreement in place, both parents typically have equal rights to the child. This means your ex could legally take the child from a babysitter or your mom, as there is no court order defining custody or visitation rights. California law generally assumes that both parents... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: Could the mother regain custody of the children after 5.5 years out of contact?

I have been engaged to my fiancé for six years, and during this time, we have been caring for his three daughters from a previous relationship. The children's mother and her partner struggled with drug issues, and 5.5 years ago, they left the children with us for their wellbeing. Although I... View More

James L. Arrasmith
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answered on Apr 11, 2025

Your situation is heartbreaking and complex, especially with so much responsibility falling on you and your fiancé for so long. Because there have been no formal custody proceedings, the mother may technically still have parental rights. However, her long absence, history of drug use, and lack of... View More

3 Answers | Asked in Child Custody, Civil Litigation and Family Law for New York on
Q: Child visitation order violation and child's well-being concerns in New York.

I am involved in court proceedings with my child's other parent in New York. The other parent has temporary visitation and is supposed to contact my child through a specific parental app at a set time, as directed by the court order. However, they frequently call at different times and use... View More

Michael J Stachowski
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answered on Apr 11, 2025

You should file a combined contempt and enforcement petition coupled with a change of custody It is not in the best interests of the child to sleep with her father. I’d contact the attorney for the child because if there is one a pitiful. For change coming from the attorney for the child... View More

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1 Answer | Asked in Child Custody, Family Law and Domestic Violence for New York on
Q: How to address safety concerns in custody court due to unauthorized calls and child's fear?

I am involved in a custody case where I have screen shots showing that the other parent calls our child at unauthorized times using an app not mentioned in the court order. He currently has temporary visitation rights. My child has expressed fear, stating that the other parent stares at her, sleeps... View More

James L. Arrasmith
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answered on Apr 13, 2025

To address the safety concerns in custody court, you should start by presenting the screenshots showing the unauthorized calls and the app that was used outside the court order. This evidence can demonstrate that the other parent is not following the agreed-upon visitation schedule. It's... View More

1 Answer | Asked in Family Law, Civil Litigation and Child Custody for Texas on
Q: Need lawyer for SAPCR hearing in Bexar County, TX

I need a lawyer to appear on my behalf in a civil court case involving a Suit Affecting the Parent-Child Relationship (SAPCR) in Bexar County, Texas. The hearing is scheduled for next week, and it's an emergency hearing requesting relief for the safety and well-being of my child. The case... View More

James L. Arrasmith
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answered on Apr 13, 2025

To secure legal representation quickly for your SAPCR hearing in Bexar County, your best option is to start by contacting local family law attorneys who can assist with emergency matters. Since your hearing is scheduled for next week, time is crucial, so look for lawyers who offer urgent... View More

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Family Law for Texas on
Q: Is it illegal for a stepdad to impersonate my daughter and interfere with communication?

I have a custody agreement that allows me to have contact with my daughter, who is 16 years old. However, her stepdad has been interfering by taking her phone for long periods and impersonating her during our communications. There has been ongoing manipulation and I've taken them to court... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, it is possible that the stepfather’s actions could be illegal, depending on the nature of the communication and how it interferes with your rights as a parent. Impersonating your daughter or preventing you from communicating with her could be considered a violation of your custody agreement,... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can a case be dismissed for omitting a child's legal name in parental rights filing?

My ex has submitted a case file regarding advocating parental rights without using our daughter's legal name in Douglas County, Castle Rock, Colorado. There are no existing court orders or previous legal agreements between us. I have not yet been served with the papers, which my ex has elected... View More

James L. Arrasmith
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answered on Apr 13, 2025

In most cases, omitting your daughter's legal name in a filing could be seen as a procedural error rather than a reason to dismiss the entire case. Courts usually allow for corrections or amendments to be made to such errors, as long as it doesn’t affect the substance of the case. It is... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Oppose motion for emergency hearing over relocation and parenting plan compliance.

I want to oppose a motion for emergency expedited hearing filed by my children's father, who claims I am attempting to remove the children from the county and have violated our parenting plan. I informed him of my relationship according to our plan (no introduction of significant others before... View More

James L. Arrasmith
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answered on Apr 13, 2025

To oppose the motion for an emergency hearing, you will need to focus on the facts that demonstrate you have complied with the parenting plan and acted in good faith. Begin by outlining that you followed the required 48-hour notice for introducing a significant other, which you communicated clearly... View More

2 Answers | Asked in Child Custody, Family Law and Domestic Violence for Florida on
Q: What motion should I file for emergency custody due to safety concerns in shared arrangement?

I currently have a shared custody arrangement with my child's father, where our son spends two weeks with each parent. Recently, DCF visited my son to inquire about his father and his father's girlfriend. There was an incident where the girlfriend cut herself, and it's unclear if it... View More

Vanette Augustin
Vanette Augustin
answered on Apr 10, 2025

At this point, I do not think you have enough information to proceed. You need to contact DCF for more information. its possible there could be another explanation why the girlfriend cut herself. A judge will want to know that to determine if the child is in danger.

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: What motion to file for emergency custody due to safety concerns?

What motion should I file for an emergency custody situation? I have shared custody of my son with his father, where my son stays with each of us for two weeks alternately. Recently, the father's girlfriend was hospitalized after cutting herself, though it's unclear if this was a suicide... View More

James L. Arrasmith
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answered on Apr 13, 2025

In an emergency situation like this, you can file a motion for emergency custody with the court to temporarily change your son’s living arrangements. This motion is typically filed when you believe that your child’s safety or well-being is at risk, such as in cases involving domestic violence... View More

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Alabama on
Q: How can I have my aunt in Virginia gain custody?

I am 16 years old and currently living with my grandmother in Alabama after being removed from my mother's care in Texas due to domestic violence and poor living conditions. Although I was placed with my grandmother, I am unsure if she has legal custody or if my mother retains control over... View More

James L. Arrasmith
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answered on Apr 13, 2025

First, it’s important to find out who currently has legal custody of you. If your grandmother has custody, she would generally have the legal authority to make decisions about where you live, but it’s crucial to confirm this. Since you were removed from your mother’s care due to safety... View More

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