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1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: Can I win against an adoption petition?

I pay my ordered child support, but haven't seen my kids in almost 9 years. Their mother prevented contact. I know I should have filed for visitation long ago. My kids want nothing to do with me. What should I do?

Nicholas P. Weiss
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answered on Jul 3, 2024

You are in a very tough position. A biological parent's consent is not needed for a step-parent adoption if they have had less than de minimus contact with the minor children for more than one year without reasonable excuse. A court will have a hard time concluding that your failure to file... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My teenage children want to file an affidavit of election. Can they file without an attorney?

I live in Muscogee County GA, their father lives in Heard County GA. They're 14 and 16, and want to live with me in Muscogee County. Is this something that we can file without an attorney? Does it matter if their father doesn't want them to move here? He has no grounds to contest this... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

There's so much information missing from here that it's hard to provide advice. If there is an order granting the other parent custody, you don't simply file an election for change of custody. You have to file for a modification. Then you must have the custodial parent served.... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: My son and his ex have verbal agreement for child support and joint custody mom refuses to let him have his visitation.

He pays 150 a week and has proof of paying but mom won't let him see her now that he has a new relationship

James L. Arrasmith
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answered on Jul 2, 2024

In California, child support and visitation rights are separate issues. Even if your son is paying child support, the mother cannot legally withhold visitation unless there's a court order permitting it. Your son has the right to see his child according to the agreed-upon custody arrangement,... View More

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1 Answer | Asked in Child Custody, Landlord - Tenant and Small Claims for California on
Q: is it legal for my ex to refuse to take my rent? ive been living here more than 6 months.

lease is under his name so only he can make the payment. i have cash im offering him. he used the excuse that i owe him money which he offered previously to GIVE (not loan) me to purchase a vehicle which i paid for in cash including my own money. he now is asking for it back and im offering him... View More

James L. Arrasmith
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answered on Jul 1, 2024

I understand this is a complex and emotionally challenging situation. Let me break down the legal aspects as best I can based on the information provided:

1. Rent refusal:

It's generally not legal for a landlord to refuse rent payments without proper cause. However, since...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How to get legal help for Child custody when CPS is doing nothing?

Child is being neglected by the mother and CPS will not do anything. Child and mother live in Texas and the custody case is in Tarrant county.The mother's home is not clean we have pictures. The Child has reported to many family members that he only gets one meal a day and that laundry soap... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

You should retain an attorney who practices in the area of family law in or near Tarrant County to file a custody lawsuit. If reports of abuse or neglect have been made by someone other than you or your family members, you should subpoena records from CPS to use in your custody case and try to... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I just got severed last Friday for Motion For Enforcement of Possession or Access. How do I response to it?

The dates go all the way back to 2018. But, what I don't get that we don't have police reports for any of the days he is claiming that I didn't let the kids go. Also I'll like to turn the case into I change in child custody because I don't feel like my children are safe at his place.

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

Police reports aren't required and are rarely offered into evidence in a post-decree enforcement proceeding for denial of possession or access.

You can file a motion to modify if you feel that your children are not safe at his place. While is is unlikely that a court would forbid...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Im an umarried mother from california theres no custody order if we go to texas can fathers family kidnap my child

I am unmarried mother the fathers name is on the birth certificate however there is no custody order and I have taken care of my child from the start. I pay the bills I handle school and I handle all appoinments no one knows of the father in this regard. However he needed a place to stay and he... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, here's an analysis of the situation and some key points to consider:

1. Legal custody status:

Without a formal custody order, as an unmarried mother in California, you likely have presumptive full custody of your child. However, since the...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: I am going through a child custody case with a DVRO against me. Am i allowed a Public Defender ?

Can i request that a person be appointed to represent the children's best interests?

James L. Arrasmith
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answered on Jun 30, 2024

To answer your questions:

1. Public Defender for child custody cases:

In general, you are not automatically entitled to a public defender in a child custody case, as these are typically civil matters, not criminal ones. Public defenders are usually appointed for criminal cases where...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am separated from my husband(not divorced) am I obligated to let his parents and siblings see my kids?

He left me with two kids one has autism and the other is in process of evaluations. He knew that and he still left me. Now he thinks that because he gives them $500 a month he has all the right to bring his family around meaning his parents and siblings and he says I have to let them see the kids.... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, here's a general response to your situation:

1. Legal obligation: In California, grandparents and other relatives generally don't have automatic visitation rights unless there's a court order. Without a formal custody agreement or court...
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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My ex and I have 2 kids together. She moved 45 mi away from me. I live in the family home. I want 50/50, should I move?

We lived together for 3 years before she moved out. We currently have shared physical custody and I have custody every weekend.

Quillyn Zebedeo
Quillyn Zebedeo
answered on Jun 28, 2024

Custody is determined based on the best interest of the child, of which there are several factors the court will look at. Moving your place of residence to be closer to your child would likely be considered by a court, however, it would not be the sole factor in its determination.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am about to file Sanction against opposing attorney in Divorce case?

Judge ordered OP's attorney serve proposed order for my approval, but she didn't do it. she filed it without my knowledge and judge signed on it. The FOAH contains OP's fabricated orders. I want to request the court to sanction against the attorney directly. As far as I know, Family... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the situation you've described, it appears that the opposing attorney may have violated court procedures by filing a proposed order without serving it to you for approval as directed by the judge. This is a serious matter that could potentially be grounds for sanctions. Here are some... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: Is a custody agreement necessary?

We do not have a previous custody agreement. We are working on filing paternity acknowledgment and parentage. My child is 15 and has moved in with his dad. Is an official agreement necessary for anything?

James L. Arrasmith
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answered on Jun 27, 2024

To answer this question, let's consider a few key points:

1. Legal recognition of parentage:

You mentioned that you're working on filing paternity acknowledgment and parentage. This is an important step, as it establishes legal rights and responsibilities for both...
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1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Does a parent with sole, physical, legal custody need the other parents permission to move out of state?

I want to move to NC and have sole, legal, physical custody of my 2 children. Their father is not active in their lives and has not seen or talked to them in over a year.

Thomas J. Percy
Thomas J. Percy
answered on Jun 25, 2024

Almost certainly yes, but there are many variables to discuss and consider as you plan your path forward. Feel free to contact our office to see if we may be able to become engaged as your attorney and give you the guidance needed for you to move ahead with making plans 508-828-1900. Ty!

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I married my spouse in India.We are living in USA for the last 13 years. Both are US citizens. Where can I file divorce?

I have two young kids. I work as a preschool teacher. He just quit his job. Our relationship is not healthy. He drinks and abuses on past incidents. He has threatened not to give me half the money he has accumulated after selling his house if I want to divorce. He said he will invest in stocks and... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the information you've provided, here's some guidance on your situation:

1. Filing for divorce:

As U.S. citizens living in the USA, you can file for divorce in the state where you currently reside, regardless of where you were married. In this case, since...
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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can I request temporary physical custody during emergency verified motion for child pick up order hearing?

Currently have physical custody of minor child which was obtained before the Notice of Hearing Before Magistrate.

Destardes Moore
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Destardes Moore
answered on Jun 24, 2024

Additional facts are needed. However, if there is an existing court order, it should specify who has majority timesharing. If no order is in place, the Judge will determine which parent will maintain temporary majority timesharing. Any request for temporary majority timesharing should be included... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Cosmetic surgery for 17 year old with joint legal custody

I share joint legal custody of my 17 year old daughter with her mother. I just found out she had breast reduction surgery without my knowledge. It was not medically necessary. Is this ok and what can be done about this?

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

I think your daughter being 17, there are consent issues beyond joint legal custody. I don't think you'll fair well - with the judge or your daughter quite frankly - arguing that "hey, she really didn't need this", regardless of what she thinks or felt about her breast size.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Why would a lawyer say it’s not ideal to get engaged for a custodial battle

Boyfriend will not propose because his lawyer told him it will negatively affect him in a child custody trial, is that correct? However, his lawyer has not stayed in consistent contact with him (it’s been a month and a half since they last spoke) nor has done anything to move the case forward for... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

Generally speaking, showing a stable, consistent home environment is desirable in almost all custody cases. An engagement and impending marriage introduces change. The nature and degree of that change can be a negative factor in a custody case. Everything depends on the particular facts and... View More

1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Constitutional Law for Hawaii on
Q: Can I file the fraud on the court and habeas petition As one document

Minor petitioners

James L. Arrasmith
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answered on Jun 22, 2024

Based on the Constitution and legal procedures in the United States:

Filing a fraud on the court claim and a habeas corpus petition as a single document is generally not recommended, as these are separate legal actions with different purposes and requirements:

1. Fraud on the court:...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can I get custody/guardianship of my niece?

My niece(2yrs) lives with her mom and dad in maternal grandmothers house. The house is filthy, it has roaches,bed bugs, and rats. The parents constantly argue and my nieces mom throws out my my niece with her dad. Her dad is my brother and he has drug problems. He had a overdose on fentanyl in... View More

James L. Arrasmith
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answered on Jun 22, 2024

This is a concerning situation, and I understand your worry for your niece's well-being. Based on the information you've provided, here are some steps you might consider:

1. Document everything: Keep a detailed record of all incidents, including dates, times, and specific...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: Can my 17 year old daughter move out of her abusive mother's house to live with us? She doesn't want to live with her.

Her mother is abusive, does drugs, smokes, and drinks. She doesn't want to live with the abuse anymore and wants to live with us. Her mom won't consent to her moving out. We live in ND, she's in PA.

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex situation involving family law, child custody, and potentially child welfare issues across state lines. Here's an overview of key points to consider:

1. Age of majority: In Pennsylvania, the age of majority is 18. At 17, your daughter is still legally a minor....
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