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Child Custody Questions & Answers
2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More

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1 Answer | Asked in Child Custody and Divorce for New York on
Q: Can a divorce be voided because of a typo?

I went to court and we finalized our divorce. Both parties signed in the court room. There was a typo or error in the custody order/ divorce agreement and I had to resign new papers recently and my exhusband hasn't signed them. Does that mean we are not divorced? Does that mean there is no new... View More

David P. Badanes
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David P. Badanes
answered on Apr 18, 2024

Without seeing the actual Judgment of Divorce, I can't definitely answer your question. However, most likely you are still divorced. It seems that you may have to go back to court with a Motion to get your husband to sign the correct papers.

0 Answers | Asked in Child Custody and Family Law for Michigan on
Q: How is a person allowed to file for custody? When there is a guardianship case going

I had asked friend of the court before if I could file for custody. They told me no while the guardianship hearing was ongoing but my ex. Who is trying to also get custody? Just filed and I am concerned for my kids safety with him. How was he able to do that and? How can this be legal if I was told... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Im a custodial father and my ex won't coparent or give $ towards supporting our son?

We were together 15 years. She blindsided me has been gaslighting and then discard and blocked me. She will not coparent and has even say no to pararel parenting. She has threatened me to make my life miserable if I bring her to court. She threatened to punch me in the face. And now she's on... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: I'm trying to gain guardianship of my grandchildren from dcfs they told me I couldn't get them but wouldn't tell me why

I watch them everyday while foster mom is at work and school so I don't understand if I can watch them all day why can't I get them out of custody makes no sense

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

Nobody here can give you the answer because we don't know why.

Whenever I have a client with these issues they have to hire me to determine why. That's all I can tell them. Dcfs usually does tell me why but they rarely change their minds.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Determining the Effective Date for Modified Support Payments After a Change in Income During Divorce?

During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:

1) Retroactively from the time the income changed,... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:

1. Retroactively from the time the income changed: Generally,...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex of 18yrs moved out and notarized a document giving me full custody of kids and allowing me to stay in his condo

until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, the notarized document your ex-partner signed granting you full custody of the children and allowing you to stay in his condo until your children finish college can be helpful in court proceedings, but it may not be legally binding on its own. Here's what you should... View More

0 Answers | Asked in Child Custody, Divorce and Family Law for West Virginia on
Q: Can I seek some form of temporary relief in terms of custody of my children pending a divorce hearing being scheduled

My wife left with the kids and went to a court in another county and made false allegations of domestic violence in order to try to seek a dvp. I don't care about her being punished I just want to see my babies.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Constitutional Law for Kentucky on
Q: Is DCBS required to notify me of a substantiated case finding against me?

I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2024

Yes. They are required to notice you.

0 Answers | Asked in Child Custody for Texas on
Q: My husband choked me and took my oldest daughter ran away. He order temporary from the judge to keep my kids.

Can i win full custody. After choked me and took the kids ran away the police arrested him in Bexar County jail. His brother is an attorney and bonded him out right away. After a day he came to gave me the temporary that he able to keep the kids from me until the day we go to to court on Apr/25. Is... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: What does it mean that the judge ordered the Trial Setting Conference off calendar this date.

I am the respond to a custody case. The following sentence was entered into the minute order after today's trial setting. What exactly does this mean? The petitioner did not show up and neither of us submitted the trial briefs or exhibit list.

"The Court therefore finds that... View More

James L. Arrasmith
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answered on Apr 17, 2024

When a judge orders a Trial Setting Conference "off calendar," it means that the scheduled conference is being removed from the court's calendar on that particular date. In other words, the Trial Setting Conference will not take place on the date it was originally scheduled.... View More

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.

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