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Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: CPS Stokes county

Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex wife ask for a ua that I provided the day she asked and another because she wanted it observed now she wants a hai

Hair folical too is this excessive ?

Rich J. Peters
Rich J. Peters
answered on Mar 15, 2024

A hair follicle exam can be a perfect way for you to alleviate any and every concern as it provides a historical assessment of your consumption of anything illegal. But, I would need to know more about your situation to determine whether her requests are excessive. Are there court orders in place... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can a non-custodial parent prevent summer extracurricular activities that the custodial parent has planned.

I have sole physical custody and joint legal custody and usually have my 13 year old daughter 90% during the summer. I am planning extracurricular activities for the summer for my daughter. My daughter and I have agreed on a community camp close to home with her friends and walkable (which is huge... View More

James L. Arrasmith
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answered on Mar 15, 2024

In California, if you have sole physical custody and joint legal custody of your child, you primarily determine where your child resides and the day-to-day activities. However, joint legal custody means both parents share decisions regarding significant aspects of the child's life, which can... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Do I have any legal right to my grand children if something happens to my son when he has brain surgery?

I have been with my grandchildren since birth, their moms live in Az, one mom is strung out on drugs with no contact with her daughter, and the other mother contacts her daughter and gets her stuff. but neither one of these mothers have not physically visited their daughter for 4 yrs now. I just... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 14, 2024

Your son should consider a Temporary Delegation of Parental Powers during his recovery AND a will that names a person of his choice as testamentary guardian for the children. If the worst happens and he passes during or after surgery, the person named as guardian would at least have a chance at... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How do I submit an enforcement for child support on my own?
John Michael Frick
John Michael Frick
answered on Mar 13, 2024

You can contact the Office of the Attorney General through the following link: https://www.texasattorneygeneral.gov/child-support

If, for any reason, you do not want to use the OAG, you need to hire an attorney in or near the county where you live to enforce the child support order. This...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I have to let my son visit his dad after he was physically harmed?

My son was physically harmed by his dad during a visit. It left bruises and welts from his back down his legs. CPS was called via hospital and a pending DA case is still open. I have photos and documentation of the incident. My son is 7 and blames himself because he loves his dad and said if he... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Since you have a current custody order, you should 100% follow the terms of that order unless and until a modification is granted. Nothing will derail a good motion to modify faster than not following the existing court order. Not following the order demonstrates to the court that a parent does... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Custody question.

Me and my ex have 50/50 legal and physical custody. On the order pursuant to child custody recommending counseling services signed by a judge. On number 3 ( TIME SHARE SCHEDULE) SECTION A) the children shall be with mother at all other times not specifically reserved for the other parent. SECTION... View More

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided about your custody order, it appears that you and your ex have joint legal and physical custody, with a flexible time-share schedule that can be determined by mutual agreement. However, the order also states that the children shall be with you (the mother) at... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If the other parent misses visits to build back a bond do I still have to send my daughter for summer??

My daughter is 6 her father hasn't seen her in a yr and half. The judge just told him on feb 27th that he needs to come out to las vegas to build back a bond before summer. He isn't coming out here so I don't feel comfortable sending my daughter for half of summer to spend it with... View More

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Mar 12, 2024

Although I understand your concerns, it is important to follow the Court Order as it pertains to the visitations. If he is in violation of the Court Order and not attempting to build the parent/child bond by coming out to Vegas, then it would be up to you to file a motion with the court advising... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Child physical custody

Me and my ex have 50/50 legal and physical custody. On the order pursuant to child custody recommending counseling services signed by a judge. On number 3 ( TIME SHARE SCHEDULE) SECTION A) the children shall be with mother at all other times not specifically reserved for the other parent. SECTION... View More

James L. Arrasmith
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answered on Mar 11, 2024

In a situation where you and your ex have 50/50 legal and physical custody, and the court order states that the children shall be with the mother at all other times not specifically reserved for the other parent, you have the right to keep your son with you during the week, especially if his... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex isn't showing to exchanges.I have sole physical and joint legal. Also she's under investigation for welfare fraud.

My eldest daughter was accepted to school year abroad in France where we all lived previously. The court order also shows that she is supposed to provide the passports which she has failed to do.

Is there a particular form(s) or strategy that you would employ to go after full custody? I... View More

James L. Arrasmith
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answered on Mar 11, 2024

In your situation, given your ex's failure to comply with the court-ordered custody arrangement, the ongoing welfare fraud investigation, and the time-sensitive nature of your daughter's School Year Abroad program, you may want to consider the following strategies:

1. File an ex...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can I get a public defender to change a custody order

I currently only have my child 8 hours a week and both she and i want overnights. Instead of simply coming to an agreement, the father (who was and is abusive to me mentally and emotionally) is determined to make it as hard as possible.

James L. Arrasmith
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answered on Mar 11, 2024

In California, public defenders are typically appointed to represent defendants in criminal cases who cannot afford an attorney. They generally do not handle family law matters, such as child custody cases, unless there is a related criminal issue involved.

For assistance with modifying a...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can I remove my kids from their mom's custody if think the household is a toxic environment? Or do I need to go to court

My kids live with their mom and her parents. On Saturday the kids called me saying that their mom was arguing with her parents. I showed up to pick them up and called the police because she got physical with her parents and she got arrested. Only spend 1 day in custody. Can I just keep the kids... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

As long as there is not already a custody order in place and you are the legal father of the children, you can retain possession of the children until a court tells you otherwise. That being said, you'd be wise to retain an experienced and competent attorney practicing in the area of family... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Custody question: if non custodial parent does not pick up children at designated time and date, does he forfeit right?

Non custodial parent asked for later pick up date but agreement was not made. There was no mutual agreements for later pick up date. Can interference charge be made?

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, a conservator does not "forfeit' his right if he is late, but cannot successfully pursue a motion for contempt or enforcement against the other parent for refusing to surrender the child.

An "interference" charge can only be pursued if a conservator takes or...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: If CP frequently travels for work & has NCP keep their child who is responsible for pick up & drop off?

They live on opposite sides of Houston. About 2 hours round trip. Mom travels often and always makes the father pick up and drop off the child from her house even though she's the one leaving town forgoing her possession. Nothing in their orders address this since she didn't travel for... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

If there is nothing in the custody order addressing pick up and return of the child--which is an extremely unusual situation--there is no automatic default. Texas Family Code 153.316 provides various alternatives, one of which the court "shall" order. The parties can either agree upon... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Question about court order

We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024

This is not an easy question. Pennsylvania judges all too often shoot from the hip, and they can either contempt a parent or not based on what is written or what is not written in a court order.

Here, the order appears to provide that "dad offers" which is not an order at all. The...
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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Question about court order

We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 12, 2024

From the way the Order is written, it does not appear to bind Father into placing the child on his medical insurance. It merely states that Father "offered" to place the child on his insurance, not that the Court mandates him to do so. However, there may be a creative legal argument that... View More

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2 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Georgia on
Q: so I was not properly served as per the proper order of service demands by law.The acting judge didn't acknowledge that

and has been extremely biased in this whole process, as well as after the initial hearing, which that hearing and any proceedings should have been dismissed as the law on the principle certificate of service was purged by dftcs and the acting court actors. We never received by hand delivery, nor... View More

James L. Arrasmith
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answered on Mar 9, 2024

It sounds like you have serious concerns about how your legal case has been handled so far. Based on the issues you described, here are a few thoughts on potential next steps:

1. File a motion to dismiss: If you believe the court lacks jurisdiction over your case due to improper service of...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Change of venue for child custody.

I was awarded 100% physical and legal custody of my child in 2018 in California. I moved one county over from where the original case was opened in 2021. I am now requesting a change in venue, my ex is contesting it. What would I need to show the courts to justify the request? Are there any family... View More

James L. Arrasmith
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answered on Mar 9, 2024

In California, a change of venue for child custody cases is governed by Family Code Section 3421. This section states that the court can transfer a child custody case to another county if either of the following applies:

1. The child has resided in the other county for at least six months...
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2 Answers | Asked in Child Custody, Family Law and Military Law for Texas on
Q: Child was with other parent because of military order now he does not want to give her back will I lose custody?

I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me

James L. Arrasmith
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answered on Mar 9, 2024

I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:

1. Deployment orders: If your child was staying with your parents due to your military...
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2 Answers | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia on
Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

James L. Arrasmith
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answered on Mar 8, 2024

If you are concerned about your daughter's safety and well-being due to the mother's involvement in drug-related activities and untreated mental health issues, you might have grounds to seek full custody. Courts generally prioritize the child's best interests when making custody... View More

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