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Child Custody Questions & Answers
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
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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.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

You will need to file for sole legal and physical custody in court and to assert your rights as the legal father and not just the biological father. The mother will need to be properly served so that she has notice and opportunity to be heard and the case can move forward.

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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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1 Answer | Asked in Family Law and Child Custody for California on
Q: what do you do when the judge is biased and always rules in favor of the other party despite of the evidence provided

despite of evidence of parental alienation, poor child care etc the judge has ruled several times in favor of the other party

James L. Arrasmith
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answered on Mar 8, 2024

In California, if you believe a judge is biased and their rulings do not reflect the evidence or the law, you can consider filing a motion to disqualify the judge. This process, known as a "peremptory challenge" or a "challenge for cause," requires you to present a valid reason... View More

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Elder Law for Mississippi on
Q: Is there an atty in MS who will take on cps & help grandparents-without fear of retribution from youth court system?

Grandparents being given misinformation after showing interest in fostering twin grandchildren who were addicted to cocaine at birth. CPS created repeated delays in court sessions on transferring infant children to grandparents custody. CPS requested that grandparents not get foster license because... View More

James L. Arrasmith
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answered on Mar 8, 2024

I'm so sorry to hear about the difficulties and frustrations your family has been going through trying to gain custody of your grandchildren. The delays and misinformation from CPS sound extremely stressful and concerning.

To answer your question directly - yes, there are absolutely...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can my ex deny me access to my children on my weekends if I will not pick up or drop off when and where he says

My job has me working every weekend and i am unable to change my scheduled, my ex will not compromise as far as picking up and dropping off after I get out of work he says if I don't pick up and drop off when he wants then I can't have the kids. We do not have court order we have just... View More

James L. Arrasmith
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answered on Mar 7, 2024

In California, both parents have rights to parenting time with their children, and any informal arrangement should respect those rights. If your current arrangement is not formalized by a court order and communication breaks down, either parent may find themselves at a disadvantage, especially if... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: Can my ex withhold my children if my new work schedule interferes with pick up and drop off times
James L. Arrasmith
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answered on Mar 7, 2024

Under California law, custody and visitation orders must be followed by both parents. If your new work schedule interferes with the agreed-upon pick-up and drop-off times for your children, it's important to communicate this change to your ex and attempt to work out a new schedule that... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: the mother of my child wont let me see my child didn’t tell me she gave birth so I’m not on birth cert what can I do?

Her father threatened to call the police if I show up to visit my newborn

James L. Arrasmith
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answered on Mar 6, 2024

Under California law, both parents have rights to their child, regardless of the relationship status or if the father's name is not on the birth certificate. If you are not being allowed to see your child and you wish to establish paternity and seek custody or visitation rights, the first step... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: The petitioner served me a ( request for order) form improperly through the mail. Do I still attend court?

I was told by the court clerks that he has to have someone serve me and not by mail. He continues to keep serving me this way without a person 18 and over doing it for him stating he don’t care. The clerks say they can’t give me legal advice about this and that I should show up and tell the... View More

James L. Arrasmith
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answered on Mar 6, 2024

Under California law, the proper service of legal documents is critical for ensuring that all parties are fairly notified and can participate in legal proceedings. If you have been served with a Request for Order by mail and were informed by court clerks that this method of service does not comply... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can I move out of state with my child if i’ve had sole physical custody and there is no court order or parenting plan?

Unwed when I had the child. He signed birth certificate but has never had physical custody just visitation for an hour 1-2 days a week. child is 4 now and biological father has since neglected visitation and child support for 18 months. No support for school, healthcare ect.

I’ve... View More

James L. Arrasmith
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answered on Mar 5, 2024

Under California law, moving out of state with your child when you have sole physical custody and there is no formal court order or parenting plan in place can still be a sensitive legal matter. If the other parent has been involved in the child's life, even minimally through visitation, it is... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: Can I move out of the house with my kids before a divorce or agreement? Or would it be abandonment I live in NJ

Married 8 yrs living together 16. 2 kids 9 & 11 yrs old. The house is only under my husbands name but was bought right after my youngest son was born but before we got married, he doesn’t work(hasn’t for a few yrs) I pay the mortgage (I give him the money cash) and also pay bills thru my... View More

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

Abandonment or desertion is a fault-based ground for divorce in New Jersey. It is defined by statute (N.J.S.A. 2A:34-2) as "willful and continued desertion" for a term of 12 months or longer. One way to establish abandonment as a fault-based ground for divorce is by providing proof that... View More

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My teenage boys don't want to go to their dad do I have to send them if they refuse. Have an order in place.

They are almost 16 and 14. They don't like the atmosphere there. Don't feel wanted. They cry every time they have to go. They are quiet and upset about going. They are afraid to say something to him for fear of retaliation at them.

Brent T. Geers
Brent T. Geers
answered on Mar 4, 2024

Short answer is: yes, you need to send them. Is this a new issue? What's changed? A judge is going to want answers to those questions, and at your sons' ages, the judge may want those answers from your boys in the form of an in camera interview after the filing of a proper motion.

1 Answer | Asked in Contracts, Child Custody, Civil Rights, Constitutional Law and Family Law for California on
Q: Civil court case. Parentage case combining different complaints - Terminating original filing case filing/#, possible?

Orange County California. State Court. Filing a parentage case due to one parent(respondent) taking and withholding child and forcing a court agreement, or they (petitioner) can't see their child. Signed under duress. Apposing council of the respondent files a motion for modification; the... View More

James L. Arrasmith
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answered on Mar 2, 2024

In California, terminating or dismissing a parentage case you've filed can have significant legal implications, particularly in complex situations involving custody disputes, allegations of duress, and domestic violence restraining orders (DVROs). If a petitioner seeks to terminate or dismiss... View More

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Oregon on
Q: can I get sole custody of my daughter , my future ex-wife is under criminal investigation

she also moved to another state

T. Augustus Claus
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answered on Mar 1, 2024

In Oregon, obtaining sole custody of your daughter amidst your future ex-wife being under criminal investigation and her relocation to another state involves demonstrating to the court that such an arrangement would be in the best interest of your child. The court considers various factors in... View More

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