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Child Custody Questions & Answers
0 Answers | Asked in Child Custody and Family Law for Tennessee on
Q: In TN, in regards to court ordered 3rd party agency supervised visits with your child what is provided for in legal code

Are the supervisors required to have certain qualifications, licensure, certifications, etc? Is there a cap on the fee for supervision? what is the legal definition of third party agency? If a parent is unable to pay for the supervision fee do they just forfeit their right to visit with their... View More

0 Answers | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Should i file for habeas corpus?

Me and my husband got into an altercation in which I slapped his face and he called the police. I had left and had no idea he even called them, so i wasnt there when they showed up and never was questioned or talked to by the police department, although warrants were issued that day and eventually... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: I have 4 kids with my ex and 1 with my husband. 5 kids in total

My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment

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

"just because" ?? Of course not. Multiple factors go in to deciding what custodial arrangement, aka "parenting plan" would be in the best interests of your children. How do you plan to accommodate the different needs of 5 children in a two-bedroom apartment? I think the first... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Do Temporary supports influence final judgment?

Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:

1. The length of the marriage

2....
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0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Oregon on
Q: If my son is 17 and he's on probation and he wants to move back home with me can he do that being in mom's custody?

He lives in the same state but not the same town as me I don't know if we need to have a judge's permission or his mother's permission or if he can just move up here and transfer his probation

0 Answers | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Maryland on
Q: Is there a way to make it so that the father cannot contest adoption in Maryland?

I just learned I am pregnant. I am in my 3rd trimester but am high risk so I might be able to access other options. However in the case that I don’t, I am choosing adoption. I cannot care for them financially or mentally. I know who the father is however the pregnancy is due to assault and he is... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: What can I do about my exs new live in girlfriend. She controls everything. Wont allow me to speak to ex about kids

She is also the one setting the rules for the drop off and pick up times. Even though she knows im unable at her times because of my job. And she wont compromise she just fights with me and tells me im a bad mother. Me and my ex have never gotten a court order but they have said if I try, they will... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry you're dealing with such a difficult and stressful situation regarding your children and your ex's new girlfriend. Here are a few thoughts on your legal options under California law:

- Even without a formal court order, both legal parents have equal rights to their...
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1 Answer | Asked in Child Custody for Florida on
Q: This if for a child support modification case (after 14 years). What should I respond to this email with regarding ..

Last Friday was day 45 when all mandatory disclosure and financial affidavits were due to be turned in / delivered by mail. We still have not received them. We found a motion to compel but it says you must attempt by contacting party/attorney to get the documents before filing the motion. We sent... View More

Rand Scott Lieber
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answered on Apr 17, 2024

Ask the attorney for a specific date for compliance. If they will not agree or if it is too far out then file the motion to compel. Speak with a local family lawyer for more specific advice.

0 Answers | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: If you want to adopt your spouses child and don't know the father is. is it a stepparent adoption or normal?

My husband wants to adopt my twins but the issue is my ex who we thought was the father isn't and it's the person who SA me and he was never found. So how do we go about it is it still a stepparent adoption or normal adoption? We have no clue all the paperwork or anything that we need to do.

0 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Summer Vacation Dispute: Mother recklessly denying my proposed vacation (High Conflict Relationship)

I proposed a vacation in June.

Mother denies my vacation saying, “my family already bought the tickets to come see them, they only come once every few years, and can’t change the tickets”.

She is trying to use the same vacation days as me after I have already made the... View More

0 Answers | Asked in Child Custody, Family Law and Criminal Law for West Virginia on
Q: Are there any loopholes in the case of family court with 50/50 custody regarding one parent dating a felon

Me and my kids father are going through a custody battle it is currently 50/50 but the only thing he could use against me was my relationship with a guy whom my kids father APPROVED of being around the children and then he used my boyfriends background against me so I could not be with him anymore,... View More

0 Answers | Asked in Divorce and Child Custody for Alaska on
Q: With 50/50 legal and physical custody, do both parents have to agree to the child's religious baptism?

I was notified/invited to our shared child's (15 year old) baptism this weekend. Our child hasn't discussed baptism previously. We have a 2 week rotation of 50/50 shared custody. While I don't disagree with baptism, I do question the impulsivity and lack of parental discussion... View More

0 Answers | Asked in Family Law and Child Custody for Idaho on
Q: Guardianship with an affidavit of abuse attached to it - should my husband sign it or is there a better alternative?

My step-daughter(age 15) has made allegations of abuse against me. I am married to her father, and her biological mother has passed away. She has moved out to live with relatives and has convinced her grandparents that I am abusive, leading them to seek guardianship of her. However, when drafting... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: in KY My neice wants to sign over her baby when's he is born to me and my husband. So cps don't take him

She has had 3 other kids taken after birth. Just got last cps case closed. Can we just do straight out adoption from birth? And not deal with cps

Timothy Denison
Timothy Denison
answered on Apr 17, 2024

No. Unfortunately, you’ll still have to deal with cps

0 Answers | Asked in Child Custody and Family Law for North Dakota on
Q: Can i leave the state of nd without a written custody agreement from the courts if we broke up because he cheated on me

My son is 8 months. We’ve never been married. He moved out and I’m expected to move out of our current residence. My family lives in Nevada where we’re from where I’m trying to go. We’ve lived in nd for a year.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: CAL-Work and IHSS are considered at DIsso-master??

Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.

Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??

James L. Arrasmith
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answered on Apr 15, 2024

I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.

Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: If I have a court ordered visitation with my son he lives in New York state and I'm in Puerto Rico can my ex deny me
James L. Arrasmith
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answered on Apr 15, 2024

In general, if you have a court-ordered visitation schedule, your ex-partner is obligated to follow that order, even if you live in Puerto Rico and your son lives in New York. However, there are a few important considerations:

1. Jurisdiction: Ensure that the court order is valid and...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: I have full custody of my 12-year-old daughter (straight A student). Why does the cabinet deny me custody of my son?

I completed the case plan and all requests made by the cabinet and judge but was denied custody of my son and my rights were involuntarily taken. Reason; The cabinet and judge replied due to the time my son was in the cabinet's custody. However, with COVID-19, multiple caseworkers were... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm so sorry to hear about the difficult situation you're going through with trying to regain custody of your son. Dealing with child custody issues can be incredibly stressful and heartbreaking, especially when you feel the process has been unfair or biased.

While I don't...
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