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Child Custody Questions & Answers
1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Q: Can a divorce be finalized without settling the division of all assets?

My spouse and I reached an agreement in mediation. However, since then he has proceeded to recant almost all of the terms agreed to. My fear is that he will continue to do this to prolong the divorce process.

Rand Scott Lieber
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answered on Mar 22, 2024

If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More

0 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Nevada on
Q: Victim of a violent DV crime. Then wrongfully accused as a suicide attempt by abuser & lost custody of my child.Options?

I’ve been physically, emotionally and psychologically abused by my child’s other parent for over a decade now. I’ve had two TPOs against them, which they violated multiple times w/o consequence. Countless police reports that have never been followed up on. Family judge, has never stepped in... View More

1 Answer | Asked in Child Custody and Immigration Law for Indiana on
Q: My wifes former spouse is a current green card holder, He raped my wife. Where can i file papers Arrest and deport him.

My wife has had her family taken and turned against her, She has encountered a very difficult life since the Rape occured. Her ex spouse has taken all her properties, Her 2 children, Stalks her, Harrasses her, Forced her into medications to control her. I am her husband Kenneth, Here recently her... View More

James L. Arrasmith
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answered on Mar 22, 2024

I'm truly sorry to hear about what your wife and you are going through. It's crucial to prioritize her well-being and safety. You should report the rape and other criminal activities committed by her ex-spouse to the local police as soon as possible. They can initiate an investigation and... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Handling Granted FL-306 Request for Hearing Postponement

The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the... View More

James L. Arrasmith
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answered on Mar 21, 2024

In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the... View More

1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Child Custody for Kentucky on
Q: how is it possible kentucky cps can not allow us to contact with my children even on Facebook? I can’t even see pics.

A quick catch-up just from our last court date, we got lied on by CPS to the judge about being there in attendance and when they found out we were there we still wasn’t permitted to talk to the judge. The judge according to CPS stripped our last method for contact with our own children by banning... View More

Timothy Denison
Timothy Denison
answered on Mar 23, 2024

CPS cannot allow or disallow you to do anything. If the Court issued a no contact order, it is the court who intends you to have no contact, not CPS.

0 Answers | Asked in Child Custody for Oregon on
Q: In Oregon state what are my legal recourse if I file a motion to maintain status quo and the defendant ignores it?

The judge signed the order and I served her. So if she doesn't bring me my kids back as the order states what are my options? Can I have her arrested?

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: How much time does NH DCYF have to produce case records once requested in writing by a valid authorized person?
James L. Arrasmith
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answered on Mar 21, 2024

If you're seeking access to case records from the New Hampshire Division for Children, Youth, and Families (DCYF), it's important to know the process and time frames involved. The rules around this are set to protect the privacy and welfare of the children involved, while also providing... View More

0 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Father is not the parent child services opened the case against. Can he take our baby home without question ....

The hospital I gave birth at found a substance in my babys umbilical cord. They have not shown me any proof such as the results from his cord talk. They made a report to child services and now child services has opened a case against me. Because the father is not involved in my mistakes or wrong... View More

0 Answers | Asked in Family Law and Child Custody for Colorado on
Q: If Child services is evaluating me (the mom) Can they keep the father from taking home our baby if he is sober, working

The hospital has told me they found a substance in my newborns umbilical cord. However they never showed me the results. Because of there findings they have decided to file a report with child services and now child services has opened a case against me. If the case is against me and the father has... View More

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: When filing for child custody, in kentucky, does the county in which you file matter?

Child's mother filed for custody in Carter County, she lives in Boyd County and so do children.

Timothy Denison
Timothy Denison
answered on Mar 21, 2024

Yes. Should be county of residence. Make a motion to transfer case from Carter to Boyd.

0 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Mississippi on
Q: How can a judge say that a person is guilty of child neglect when the child was negative for drugs at birth.

The mother was positive due to using a week before her giving birth but the child was negative for any kind of drugs. The mother went to court and the judge found her guilty of child neglect but no charges was put upon the mother.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can I regain custody after 4 years when grandparent has defacto custody?

It’s been 4 years and stepmom(non paternal grandmother) has defacto custody, nothing has change and no visitation other thank FaceTime or visit once a week.

Timothy Denison
Timothy Denison
answered on Mar 21, 2024

Possibly but it will be an uphill battle given the facts as you set out.

1 Answer | Asked in Child Custody for Ohio on
Q: Hello my question is can a plaintiff write,serve, deliver a subpoena duces tecum in child custody case Sandusky Co court

Grandmother trying for full custody. Subpoena duces tecum to a temp service /previous employer for work history/pay stubs ECT(which I feel is illegal) well the copy of subpoena to company has "if have any questions contact....." Instead of courts information it has grandmother email and... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 21, 2024

Is the plaintiff representing him or her self? Was the Subpoena filed with the court? How was is served? So many unstated facts needed to judge whether it was valid. Have it reviewed by your attorney. If you do not have one, it will serve you well to get one in your county.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: My sons father relocated our son in violation of a temporary custody and status quo order and FS 61.13001, what do I do?
Rand Scott Lieber
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answered on Mar 21, 2024

You need to file a Motion to Enforce to notify the judge that an order has been violated. Then you need to request a hearing on that motion. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Child Custody for California on
Q: Child custody question-Ca

A child custody evaluator was hired in Ca in 2022; she never submitted the report & has gone AWOL. Allegations of child abuse, sexual abuse & domestic abuse were made by my wife ; these were tossed out by the court. 24 or more supervised visitation reports exist saying I am a great... View More

James L. Arrasmith
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answered on Mar 20, 2024

In California, child custody decisions are made based on the best interests of the child, considering factors such as the health, safety, and welfare of the child, and which parent is more likely to encourage frequent and continuing contact with the other parent. The court can indeed consider your... View More

2 Answers | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for New York on
Q: What is the likelihood of appellate court obtaining jurisdiction in a custody case if judicial misconduct is proven?

I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More

James L. Arrasmith
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answered on Mar 21, 2024

If judicial misconduct is proven and relevant to your case, it could significantly impact the appellate court's decision to obtain jurisdiction. Courts take claims of judicial misconduct seriously, especially if they affect the fairness and integrity of the legal process. However, proving... View More

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can a copy of transcripts of previous proceedings be used as evidence exhibit/reference in response/answering papers?

Can i use what was said on the record in a previous hearing of my case? The relevance is what opp counsel stated in their affirmation or lack thereof and what was said on the record are conflicting. I’ve already paid for & received the transcripts; writing response papers i have cited the... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 21, 2024

The short answer to your question is yes they may be used as exhibits

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