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Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I filed for divorce; will the court handle all proceedings automatically?

I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:

(1) Will the court automatically schedule hearings for... View More

Robert P. Taylor
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answered on Sep 27, 2023

The court is not going to take care of this stuff. It is up to you to schedule hearings. You should consult with a divorce attorney or if you're limited on funds, each Family Court has what they call a family law facilitators office, schedule an appointment with them, as they can help you with... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I filed for divorce; will the court handle all proceedings automatically?

I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:

(1) Will the court automatically schedule hearings for... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 27, 2023

Absolutely not. It is up to you and the other party to take whatever steps are necessary to move your case forward and to its conclusion. There is no automatic anything and you should certainly have no expectation that the matter will conclude on its own or "automatically" within 18... View More

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I need help with a father who is constantly taking away communication from a mother.

My wife shares custody with the child’s father. Father has continuously taken the child’s phone away while she is at his house during his parental time. Mother and I have bought the phone and pay the cell phone bill on a monthly basis. Father has never paid any portion or is even on same phone... View More

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2023

I am certainly sympathetic to what Mother and you are enduring because of Father's inappropriate actions.

However, what you suggest here is not the solution.

I know this may hurt to hear, and I apologize for that, but the law is clear: As a stepparent, you have no legal...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: What can I do to get my child back?

When my ex was 6 months pregnant with my child, caught her screwing with her ex husband so the next day she went and got a temp. restraining order against me and my house, not hers, & got me kicked out. 2 days later she moved her ex into my house. She then moved to north Carolina & gave... View More

James L. Arrasmith
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answered on Sep 25, 2023

To pursue custody of your child, you should immediately file a paternity action in a California court, seeking to establish your legal rights as the father. Once paternity is established, you can request custody and visitation orders. Given the complexities of interstate child custody issues, it... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have primary custody and non custody parent fled ga with child. Can I file an emergency hearing without other parent?

Mother has been located in another state, children are currently in foster care due to mother being arrested and secondly because mother has allegations of abuse. Other state has proof that all allegations in Ga has been closed but is still seeking jurisdiction over my children

T. Augustus Claus
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answered on Sep 25, 2023

You can generally file for an emergency hearing in Georgia without the other parent if they have violated a custody agreement. This is particularly relevant if the children are in another state's foster system due to the other parent's arrest. Legal complexities involving multiple states... View More

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can I refuse the mother picking up her son if I know the driver doesn’t have license and insurance?

I just found out the grandparents who drive the mother during child exchange have recent history of losing their license. There currently is an active bench warrant for the grandfather for failure to appear for a court case dealing with driving under suspension and uninsured. Can I refuse to allow... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 23, 2023

You may refuse. This may not stop Mother from filing a complaint. You will simply have a defense should the matter go to court. It is vital that you not refuse outright but simply as to this mode of transportation. Should you wish to amend your parenting plan you would need to file a motion to... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: Can a permanent legal guardian adopt without parental consent in Ohio?

Legal guardian to two girls (15yo and 13yo) for the past three years. They came from abuse and neglect. Bio mom is now one year sober. 15yo wants to reconnect with bio mom. 13yo wants nothing to do with bio mom and still wants us to adopt her. Can we adopt 13yo without parental consent?

Todd B. Kotler
Todd B. Kotler
answered on Sep 23, 2023

Maybe, was this guardian appointed by the court as part of a permanent custody determination in the DN case? If so then yes. If not then the prospective adoptive parents may need to make additional showings. Whether parental consent is required can also depend on the specific facts and details... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Action Needed After Granting Spouse's Request and Resulting PPA Cancellation

I recently attended an RFO custody hearing where the Court ordered me to make a full payment for the Parenting Plan Assessment (PPA) due within 21 days from the date of the hearing. This PPA was scheduled to take place 5 months later.

The primary dispute in our custody battle was to... View More

James L. Arrasmith
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answered on Sep 22, 2023

Under California law, if you have already reached an agreement with your spouse regarding the custody arrangement, and the PPA is no longer necessary, you should promptly inform the court about the resolution and the cancellation of the PPA. You can file a stipulation or motion with the court to... View More

3 Answers | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Do you have to file a response to every motion filed against you?
T. Augustus Claus
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answered on Sep 22, 2023

In Kentucky, as in many jurisdictions, you generally do not have to respond to every motion filed against you, but choosing not to respond could have consequences. When a motion is filed, it usually sets forth a legal argument or request that the court will consider. If you do not file a response,... View More

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Nebraska on
Q: My friends daughter was taken from Idaho to Washinton and landed in Nebraska. They have a parenting plan issued by idaho

They both have legal custodial and physical custody with the father having 4 out of 7 days giving him primary custodial care. He went to jail for domestic violence against his girlfriend and 4 accounts of misdemeanors for the children. His mom is there now and we think she is trying to get... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2023

The first question when dealing with interstate issues is usually jurisdiction. Generally, the Court that entered the original order is the Court that continues to handle the custody case until both parents have moved from that state. Thus, if the order was issued in State A and there is at least... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Urgent Advice Needed on Parenting Plan Assessment Payment Issue?

22days ago, during RFO custody hearing, the court issued a verbal order regarding a Parenting Plan Assessment and payment of a fee of $975. I understood that the deadline for this payment would start once the Proposed Order was signed. and both parties are still in "Meet and Confer"... View More

James L. Arrasmith
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answered on Sep 21, 2023

Certainly. In California, when faced with such an oversight, you may want to promptly file a Declaration explaining the situation, emphasizing your self-represented status, your understanding of the payment timeline, and your commitment to promptly remit the fee. Additionally, you can request the... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: If i have custody over my child and the father just received visitation rights, can I pick my child up if he leaves them

with someone else during his visitation?

T. Augustus Claus
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answered on Sep 21, 2023

In Georgia, if you have primary custody and the father has visitation rights, the specifics of who can care for the child during those visitation periods should ideally be outlined in the custody agreement. If the agreement explicitly states that the father is not allowed to leave the child with... View More

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3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: In a custody order, judge noted I may “petition the court for immediate termination of visitation”. How do I do that?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Depending on your facts, this could mean a number of different things. If this is a custody dispute between two parents, then the judge may be suggesting that you file for an emergency order of custody with a request to suspend the other parent's parenting time on an emergency basis. As far... View More

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3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: In a custody order, judge noted I may “petition the court for immediate termination of visitation”. How do I do that?
T. Augustus Claus
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answered on Sep 20, 2023

In Nebraska, to petition the court for the immediate termination of visitation as indicated in a custody order, you would initiate a formal request detailing your reasons for wanting the change. This involves drafting a petition stating your reasons, which should be grounded in the child's... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: When is the DissoMaster Used in Child and Spousal Support Cases?

In highly contentious custody battles, the court often orders a PPA (Primary Physical Assignment) arrangement. Similarly, for cases where child or spousal support becomes a significant point of contention, does the judge typically order the use of DissoMaster? Can I proactively request that the... View More

Aylin Acikalin
Aylin Acikalin
answered on Sep 20, 2023

Courts are required by California law to follow statewide uniform guidelines in setting child support orders. There are different programs used by practicioners and courts that help calculate guideline child support. Dissomaster is a a paid software used by many practicioners and courts. There is... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: 18 year oldyear old son has been living with his grandparents they have temporary guardiansship over hm he just went of

Went off to college so is that now mean that I have custody of him now because they sent the ReliaCard to me I don't know what to do

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Rhode Island on
Q: my childs mother disclosed to me her lawyer was trying to pursue a relationship with her. she then said he fired herbut

now a week later she says he said he cant fire her and will be representing her this week when i have to appear for family court seems wrong what can i do i don't have a lawyer either?

Albin Moser
Albin Moser
answered on Sep 20, 2023

It is unethical for a lawyer to try to start a relationship with a client during a child custody case or child support case. You can file a written complaint about this with the disciplinary board. Here is some information about that:... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: would a custodial parent be able to cancel vists if you have a court ordered agreement ?
Todd B. Kotler
Todd B. Kotler
answered on Sep 20, 2023

A parent doing this in the above described situation does so at their own peril. The parent who is being prevented from exercising would have the facts where they could file a motion to have custodial parent Show Cause why they should not be held in contempt for obstructing the parenting time.

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