Get free answers to your Child Custody legal questions from lawyers in your area.
Your current state is Ohio
This work. Do I just pay a portion of the gas?
answered on Dec 26, 2024
It depends on the specific language in your divorce decree. Usually, this language contemplates that you are paying commercial airfare or bus fare for your child's transportation home. Rarely does it contemplate paying gas for the other parent to drive the child home.
CPS removing child from home and what they can and cannot say and do to the PRFC regarding the removal and treatment towards the parent
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answered on Dec 25, 2024
If a child is believed to be a victim of abuse or neglect, the state may intervene and remove the child even temporarily until the threat can be more fully assessed. Parents who have been contacted by child welfare or who have had a child removed should contact a qualified juvenile deprived... View More 
My daughters father has blocked me on everything and sent numerous messages stating he wants nothing to do with her and even wrote it out on a piece of paper. I want to make sure he can’t just come take her when it’s convenient to him.
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answered on Dec 25, 2024
The answer will depend on other factors, including whether there is an existing court order that grants him visitation rights or not. If there is an existing court order, you may need to seek modification of that order. Otherwise, he may be able to exercise his rights under that order even if he... View More
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answered on Dec 25, 2024
If there is an open guardianship, you will need legal counsel to help you file a motion for visitation. You will need to be able to demonstrate that you are the parent. If you are the alleged father, you may have to undergo genetic testing. You will also need to be able to show that it is in the... View More
My kids have been in cps custody for a year. They let the kids ride horses including my autistic son. The saddle on the horse was loose which caused him to slip off and break his arm. They never asked my permission and didn't tell me for like 2 days.
answered on Dec 23, 2024
If your parental right to sue on behalf of your child has not been terminated, you can theoretically sue on behalf of your child.
But I would caution you that you may not have a valid cause of action even in the best of circumstances. You will need to gather together the medical expenses... View More
Can he accuse me if I take our kid to this trip in other state (7 hours from home)without his consent?
answered on Dec 19, 2024
Accuse you of what? I assume there is no court order forbidding this. You are returning with the children. You are doing nothing "illegal" or "unethical". You are their parent. Unless your relatives are a danger to the children I see nothing wrong legally.
Meaning since the initial preliminary hearing petitions, depositions, and legally submitted documents that the court clerk allowed. Had the plaintiffs name incorrectly spelled for more then for almost 2 years. Also, the children in question that were twins, there birthdays were constantly... View More
answered on Dec 19, 2024
In theory, yes, you can file a motion to dismiss, perhaps for failure to state a claim or lack of jurisdiction over the parties due to errors in their names. You could also try a motion for summary judgment, showing that the pleadings are factually wrong.
But faced with the sort of... View More
answered on Dec 18, 2024
There are settings where one parent is willing to release the other parent from financial responsibility for the support of their child in exchange for the other parent's termination of relationship with the child (generally, when the other parent has a longer-term relationship, and that... View More
My husband is medically unable to work and everything is documented, he always carried insurance on kids but now unable to work and court order did not state who was liable for primary etc. so kids were added to mine until we got clarification as I’m the step parent.
We went to referee... View More
answered on Dec 18, 2024
The short answer is the referee was probably right. Just because a party appeals a decision doesn't make it wrong. Let the process play out. It's hard to imagine you could be ordered to carry this insurance, particularly if you have not formally adopted these kids.
What this all... View More
Domestic was on her new boyfriend, his ex and his parents.
answered on Dec 18, 2024
Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address... View More
I filed ex parte for custody visitation schedule urgently and the judge denied but scheduled for the hearing 1 month later. However, I want to withdraw the ex parte hearing. Is there a specific FL-Form I need to submit, or can I create my own document for this purpose instead of calling the... View More
answered on Dec 18, 2024
If there has been no response filed to the ex parte or a responsive declaration filed/served, you can simply call the courtroom and tell the clerk you are withdrawing your motion or aka taking your motion off calendar. You can then file a "Notice of Taking Motion/RFO Off Calendar".... View More
We filled for divorce 2 years ago in NJ. My wife moved to FL 1.5 years ago, although there is no written agreement to allow this. I now also live in FL. Do we have to move the case to FL? Is FL a better state for me from a child support perspective or is NJ?
answered on Dec 17, 2024
If the child has been living in Florida for more than six months then NJ will probably not accept jurisdiction anymore, meaning that they may divorce you but they will not address children's issues because the child does not live there anymore. I cannot advise you on NJ child support law.... View More
He has lived with me for the last few years with nothing from her. She doesn't want child support or anything from me. How do I ensure she doesn't change her mind? We can't really share custody or have normal visitation since we are in Texas.
answered on Dec 16, 2024
When you negotiate your new child custody order, include a specific provision that states that you have provided support for your son for X years (without ex-wife paying child support, if applicable) and, therefore, the parties agree that you will not be obligated to pay child support to your... View More
my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More
answered on Dec 12, 2024
Yes, you can get full custody under those circumstances, but it is far from a guarantee. This is not a clearcut case for getting full custody, but you have arguments you can make that could get you there. A judge is going to be very concerned about what happened with the gymnastics dropoff, but the... View More
my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More
answered on Dec 13, 2024
You have certainly described some very concerning and disturbing circumstances that your judge would surely want to address. With your initial "Petition for Modification", you could also file a Petition for Temporary Orders. Such is the quickest manner of getting to see your Judge and... View More
My husband has sole physical custody and 50/50 legal custody. The mother of child is in a relationship with an active gang member and she has been posting on social media with guns and hasn’t came to any visits with her daughter for almost two years now. First she would just come knock on our... View More
answered on Dec 10, 2024
Technically an order is an order. I do not know how specific the order is that would allow it to be enforced by the police. However, you could seek to modify the order to be safe. For one this sounds like he should have sole legal custody instead of joint legal custody. He should not need to get... View More
How can I challenge the legality of the adoption of my son?
Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?
How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More
answered on Dec 8, 2024
Before an adoption there is usually a Termination of Parental Rights (TPR) of the existing parent(s). Very likely what you are seeking to do is reverse the TPR order. How you would do this depends on the circumstances. If you were unaware of the hearing and did not attend, or there was a reason... View More
How can I challenge the legality of the adoption of my son?
Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?
How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More
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answered on Dec 9, 2024
Legal issues surround challenging the legitimacy of your son's adoption particularly in light of allegations of fraud, deception, lack of appropriate notice, and violations of due process rights. To properly negotiate this process, one need speak with a Nevada family law attorney versed in... View More
The older stipulation states that I have primary custody,but the new one does not mention who has primary but says the other parent has visitation. Some things were changed in the new stipulation but not all.
answered on Dec 10, 2024
The word primary custody does not really mean much of anything. Im sure that it seems nice that it said that but at the end of the day What counts is the level of custody the two parties have. An order can say joint physical custody but if one party has only alternating weekends (20%) then they do... View More
He owns his own home and is a business owner. He loves my child as it’s his own. I’m living in a house right now that was flooded during a hurricane and it’s a current construction zone. I’d love to move in with him so my child can be safe and have a family environment. Am I able too while... View More
answered on Dec 6, 2024
The court will always look at the best interests of the child. As long as you are doing what is best for your child (as opposed to what is best for you) then you should be alright. Just be prepared to explain the the court why you moved and how it was better for the child. Speak with a local family... View More
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