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Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: In my divorce decree it states I have to pay for my child’s transportation back home. If her mom is driving how does th

This work. Do I just pay a portion of the gas?

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Family Law, Adoption, Child Custody and Probate for Oklahoma on
Q: What legal rights does parents have regarding a CPS case?

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

Danya Bundy
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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

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: How do I make sure my daughters father can’t just come after my daughter when it’s convenient?

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.

Aaron Bundy
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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

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How to petition/motion the court for visitation by parent with my infant child who is under a guardianship in Oklahoma
Aaron Bundy
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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

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can I sue Dfps if my child broke his arm while under their care?

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.

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Child Custody and Family Law for New York on
Q: I want to take my kid and visit our relatives on Christmas but my husband doesn’t let me ,we’re legally still married

Can he accuse me if I take our kid to this trip in other state (7 hours from home)without his consent?

Howard E. Knispel
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Howard E. Knispel
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.

1 Answer | Asked in Contracts, Family Law, Arbitration / Mediation Law and Child Custody for Nevada on
Q: Can the plaintiff ask for their case to be cleared or thrown out due to many inefficiencies and errors in Affidavit?

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

Philip Spradling
Philip Spradling
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...
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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How to relinquish parental rights and not pay child support?
Richard Diamond
Richard Diamond
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

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Husband medically unable to work, bio mom able to get insurance can they mandatory make a step parent get insurance MI

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

Brent T. Geers
Brent T. Geers
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...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Michigan on
Q: My ex was arrested for Assault(x3) and domestic violence, wreckless driving. I need to keep the kids from her?

Domestic was on her new boyfriend, his ex and his parents.

Brent T. Geers
Brent T. Geers
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

2 Answers | Asked in Family Law, Divorce and Child Custody for California on
Q: How to Withdraw an Ex Parte Hearing for Custody Visitation Schedule

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

Tobie B. Waxman
Tobie B. Waxman
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

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: 2 yrs ago my wife filled in NJ, we both now live in Florida-case still open. Is FL or NJ better for child support?

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?

Rand Scott Lieber
Rand Scott Lieber
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

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My ex- wife wants my son to live with her in North Carolina before turning 18 next December.

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.

John Michael Frick
John Michael Frick
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

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: can i get full custody of my children due to they live in a hostile environment in their dad’s house?

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

Stephen M Vincent
Stephen M Vincent
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

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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: can i get full custody of my children due to they live in a hostile environment in their dad’s house?

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

Rich J. Peters
Rich J. Peters
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

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2 Answers | Asked in Child Custody and Family Law for California on
Q: Can My husband get sole legal custody and visits with mom to be monitored at all times?

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

Bradley Drew Hochberg
Bradley Drew Hochberg
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

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2 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

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

Philip Spradling
Philip Spradling
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

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2 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

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

Jennifer Setters
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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

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2 Answers | Asked in Child Custody and Family Law for California on
Q: Do I still have primary custody?

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.

Bradley Drew Hochberg
Bradley Drew Hochberg
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

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I’m in a custody battle with my child’s father. I currently have a boyfriend and would like to move in with him

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

Rand Scott Lieber
Rand Scott Lieber
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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