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Child Custody Questions & Answers
Q: can I be forced out and made to sign an separation agreement?
1 Answer
| Asked
in
Child Custody, Contracts, Divorce and Family Law
for
North Carolina
on
Answered on Sep 29, 2016
Answered on Sep 29, 2016
Amanda Bowden Houser's answer
No, you can't be forced to sign a separation agreement but you can't prevent a divorce either at least not legally.
No, you can't be forced to sign a separation agreement but you can't prevent a divorce either at least not legally.
Q: 50/50 custody, Do I have to pay half of bi-weekly health insurance deductions?
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Health Care Law
for
Florida
on
Answered on Sep 29, 2016
Answered on Sep 29, 2016
Terrence H Thorgaard's answer
No, assuming the divorce decree provides that he will pay the insurance premium, it would make no sense were it also to require that you reimburse him for the premium he pays.
No, assuming the divorce decree provides that he will pay the insurance premium, it would make no sense were it also to require that you reimburse him for the premium he pays.
Q: We had 50/50 custody. We moved. Now we're back can the mother leave with the child to another state?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Florida
on
Answered on Sep 28, 2016
Answered on Sep 28, 2016
Terrence H Thorgaard's answer
I'm not understanding how you were able to go to Michigan for a year without modifying the time sharing plan.
But assuming that this plan is still in effect, the mother cannot refuse your husband his visitation as specified in the plan. He needs to go to court to enforce it.
He should also ask that the child support he is obligated to pay be modified.
I'm not understanding how you were able to go to Michigan for a year without modifying the time sharing plan.
But assuming that this plan is still in effect, the mother cannot refuse your husband his visitation as specified in the plan. He needs to go to court to enforce it.
He should also ask that the child support he is obligated to pay be modified.
Q: I have custody of my Nephew.well his mom was to sign her rights away. What would she need to do so she can?
Leonard Robert Grefseng's answer
if I understand your question, by "signing away her rights: you mean the mother wants to terminate her parental rights ( termination of parental rights is the correct legal term). However, this can only be done if someone else is willing to assume responsibility for the support of the child and that means adopting the child. so, if you are willing and want to adopt the child, a petition (lawsuit) will have to file in the county where you reside. BOTH parents ( not just the mother) will need to...
if I understand your question, by "signing away her rights: you mean the mother wants to terminate her parental rights ( termination of parental rights is the correct legal term). However, this can only be done if someone else is willing to assume responsibility for the support of the child and that means adopting the child. so, if you are willing and want to adopt the child, a petition (lawsuit) will have to file in the county where you reside. BOTH parents ( not just the mother) will need to...
Q: If I take my kids and leave my husband to live permanently elsewhere without a custody arrangement, is that kidnapping?
Terrence H Thorgaard's answer
Florida Statute 787.03 (2) does provide as follows:
"(2) In the absence of a court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of the minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that minor or incompetent person within or without the state with malicious intent...
Florida Statute 787.03 (2) does provide as follows:
"(2) In the absence of a court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of the minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that minor or incompetent person within or without the state with malicious intent...
Q: I pay my.mother 200 a week for childcare for me daughter. Can I ask her father to pay half with his child support?
Leonard R. Boyer's answer
It is not what your ex-husband says that matters, it is what a Judge says. You need to bring in all your documents and have an in person consultation. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney.
It is not what your ex-husband says that matters, it is what a Judge says. You need to bring in all your documents and have an in person consultation. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney.
Q: I moved out of state with my kids with my husband's permission -
Terrence H Thorgaard's answer
It depends on the children's' "home state". That generally means where they have lived for the past six months or longer. If it's been six months or more since you moved, jurisdiction for custody adjudication would be where they live now.
It depends on the children's' "home state". That generally means where they have lived for the past six months or longer. If it's been six months or more since you moved, jurisdiction for custody adjudication would be where they live now.
Q: Can I file contempt charges since my ex texted me that he was going to keep my son if I didn't come get him?
Amanda Bowden Houser's answer
Any agreement that doesn't specify who is responsible for transportation is likely a very poorly drafted agreement. The issue of transportation and visitation schedules is the most common problem divorced / separated parents face. Leaving out who is responsible for transportation is like going poo and not wiping your butt. While it may look bad for him in Court to 'play games' like this, there doesn't appear to be anything he could be held in contempt for. Since your agreement is silent on...
Any agreement that doesn't specify who is responsible for transportation is likely a very poorly drafted agreement. The issue of transportation and visitation schedules is the most common problem divorced / separated parents face. Leaving out who is responsible for transportation is like going poo and not wiping your butt. While it may look bad for him in Court to 'play games' like this, there doesn't appear to be anything he could be held in contempt for. Since your agreement is silent on...
Q: If I have full custody and placement of my children and their father has yet to petition for visitation can I moveout RI
Neville Bedford's answer
To be sure, review the court orders with your favorite family court attorney to make sure all of the documents are in order before you implement your travel/relocation reservation/plans.
To be sure, review the court orders with your favorite family court attorney to make sure all of the documents are in order before you implement your travel/relocation reservation/plans.
Q: If i live in Chesapeake va and my son lives in Suffolk va where do I go to file custody
Gary D. Godman's answer
The most appropriate place to file is where the child lives. You can read the applicable law at this link, part (A)(1)(b):
http://law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-243/.
The most appropriate place to file is where the child lives. You can read the applicable law at this link, part (A)(1)(b):
http://law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-243/.
Q: sons father&I moved from Ny to Fl we have a custody agreement in NY If I wanted to move back with son would still stand
John Arthur Smitten's answer
If there is no Order that supersedes the NY order then the NY order still stands.
If there is no Order that supersedes the NY order then the NY order still stands.
Q: Can I take my child out of state or the county. With out other parents permission or can he?
John Arthur Smitten's answer
You have to get a court order to relocate greater than 50 miles. You should hire a lawyer to represent you in the case.
You have to get a court order to relocate greater than 50 miles. You should hire a lawyer to represent you in the case.
Q: I am in NC and still married but husband left in 2012 and went to another state. No divorce has been filed. He is in TX
Amanda Bowden Houser's answer
If he is paying $50 a month in child support odds are he can't afford to take you to court for custody and even if he did, he'd likely lose unless he has a real real real good reason for not having contact with the child for 3-4 years. Why don't you file a petition to terminate his parental rights? You'd lose the measly $50 a month but you be rid of this bully and he wouldn't be in your daughters life ever again unless she allowed it. As to making the child speak to her father, generally the...
If he is paying $50 a month in child support odds are he can't afford to take you to court for custody and even if he did, he'd likely lose unless he has a real real real good reason for not having contact with the child for 3-4 years. Why don't you file a petition to terminate his parental rights? You'd lose the measly $50 a month but you be rid of this bully and he wouldn't be in your daughters life ever again unless she allowed it. As to making the child speak to her father, generally the...
Q: Should I subpoena the Petitioner's attorney instead (using pleading paper) to bring his bank statement to court?
1 Answer
| Asked
in
Family Law, Child Custody and Civil Litigation
for
California
on
Answered on Sep 24, 2016
Answered on Sep 24, 2016
Andy Chen's answer
You would not subpoena the attorney for them. You could send a document production request via discovery for the bank statements and whole food receipts. However, that does not mean your ex will produce them. He or the attorney could object and it would be on you to demonstrate sufficient good cause to compel the production of the statements and receipts. Demonstrating sufficient good cause is difficult. You may be better off trying to prove your ex's alcoholism by some other means than how he...
You would not subpoena the attorney for them. You could send a document production request via discovery for the bank statements and whole food receipts. However, that does not mean your ex will produce them. He or the attorney could object and it would be on you to demonstrate sufficient good cause to compel the production of the statements and receipts. Demonstrating sufficient good cause is difficult. You may be better off trying to prove your ex's alcoholism by some other means than how he...
Q: No proof of Service attached to Request for Production, how do I know this is involved with the courts.
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
California
on
Answered on Sep 24, 2016
Answered on Sep 24, 2016
Andy Chen's answer
Discovery requests like what you appear to have received are not filed with the court. They are not issued by the court and do not go through the court at all. There's no way of knowing whether the October 13 expiration date you mention is indeed the right one without seeing the documents you have. Discovery can and often is served without any future court dates set.
Discovery requests like what you appear to have received are not filed with the court. They are not issued by the court and do not go through the court at all. There's no way of knowing whether the October 13 expiration date you mention is indeed the right one without seeing the documents you have. Discovery can and often is served without any future court dates set.
Q: Can my husband w joint legal custody file for physical custody if I move from the DV shelter to a diff school district?
Peter Munsing's answer
Normally a district 30 minutes away would not be considered a significant burden on custody. Anyone can file. Will he succeed--that depends on other situations. If you were in a shelter and he still didn't get custody I'm thinking unlikely.
Contact a custody law attoreny--they can best tell you.
Normally a district 30 minutes away would not be considered a significant burden on custody. Anyone can file. Will he succeed--that depends on other situations. If you were in a shelter and he still didn't get custody I'm thinking unlikely.
Contact a custody law attoreny--they can best tell you.
Q: Can my name be used in a custody court of kids that are not biologically mine without my consent?
David Axinn's answer
It is hard to answer this question without knowing what you mean when you refer to your name being used. I'll assume that you are not a party to the custody action. If you are a member of a household that includes one of the parents, your name will certainly be mentioned, and you may be asked to testify at a hearing. There are some cases where one of the parents asks that some restriction be placed on the other parent's partner's contact with the children. What a court might do depends on the...
It is hard to answer this question without knowing what you mean when you refer to your name being used. I'll assume that you are not a party to the custody action. If you are a member of a household that includes one of the parents, your name will certainly be mentioned, and you may be asked to testify at a hearing. There are some cases where one of the parents asks that some restriction be placed on the other parent's partner's contact with the children. What a court might do depends on the...
Q: How long can someone get child support after child is returned from DCF custody even if they still have temp custody
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Massachusetts
on
Answered on Sep 23, 2016
Answered on Sep 23, 2016
Q: If there is no support order in place is the non custodial parent obligated to pay child support?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Colorado
on
Answered on Sep 23, 2016
Answered on Sep 23, 2016
Tristan Kenyon Schultz's answer
Yes and no. A court order is required to formally enforce any and all terms of a custody and separation agreement. However, if the parties have reached an out-of-court agreement, the court MAY adopt the previously agreed upon terms. If the negotiation process has broken down, you may have a "contested" case. Contact a family law lawyer for advice and guidance.
Yes and no. A court order is required to formally enforce any and all terms of a custody and separation agreement. However, if the parties have reached an out-of-court agreement, the court MAY adopt the previously agreed upon terms. If the negotiation process has broken down, you may have a "contested" case. Contact a family law lawyer for advice and guidance.
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