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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: The petitioner wants to close a custody case that hasn't been decided due to stress does that stop child support?
James L. Arrasmith
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answered on Jun 13, 2024

Under California law, closing a custody case that hasn't been decided does not automatically stop child support obligations. Child support and child custody are separate legal issues, although they are often related.

Here are a few key points to consider:

1. Child support is a...
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1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Oregon on
Q: my ex's girlfriend keep me from having video visits with our girls the judge ordered she won't give them the phone

The judge in Jackson county Oregon made a judgement of video visits 2xaweek and my ex's girlfriend only has a phone in the house and she goes on there won't give them the phone to visit me and says they don't love u they don't want to talk to you and hangs up or sometimes no... View More

Steven Leskin
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answered on Jun 13, 2024

The language of the parenting plan controls your visitation with your kids. The ex's girlfriend does not get a say in your relationship with your children.

You need to document what is occurring. After you have some documentation, you can go to the Jackson County Courthouse and ask to...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: I have a child custody. I have no lawyer, my ex does, I normally got my kids ( 2 girls - boy. Ages are 13, 14 and 9)

I was asked to go to a emergency court date, So I went and I had no say. I got supervised visits, had to do counciling. I haven't had a day to pick them up,

It's been over 1 1/2 -2 years without my kids.

Cps never came to the house to see how the kids live when I have... View More

James L. Arrasmith
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answered on Jun 12, 2024

I understand that you are in a difficult situation and want to regain custody of your children. Here are some steps you can take:

1. Legal aid: Look for free or low-cost legal services in your area. Some organizations offer pro bono work for individuals who cannot afford a lawyer. Contact...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can my childs mother move out of the county of san diego without my permission/ court approval if you have joint custody
James L. Arrasmith
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answered on Jun 12, 2024

Under California law, if parents have joint legal and physical custody, neither parent can move with the children out of the county without the other parent's permission or a court order. This is known as a "move-away" case.

If the parents cannot agree on the move, the parent...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Dad and I have geographic restriction, he's leaving out of state and told me yes to moving with kids

We both don't want to go to court to modify our divorce but both agreed to sign a notarized contract saying its lifted and he approves of the move with also knowing my exact where about with kids. Is this something we can do ourselves or do we need to get attorney involved to write up contract... View More

John Michael Frick
John Michael Frick
answered on Jun 12, 2024

A geographic restriction in a divorce decree is a COURT ORDER. The parties cannot modify a court order by agreement--even a written one. The agreement might be enough to prevent the most dire consequences of a subsequent motion for contempt or enforcement between the spouses, but there are... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Ex hasn't seen kids in 10 years and moves out of state can i change visitation. I have full physical and legal custody.

My ex has asked to give up rights and tells everyone that the kids are not his. They don't even know who he is. I am worried if he ever does come around that it will cause a lot of harm to the kids because he is basically a stranger. He currently has a protection order on him from his recent... View More

Julie Fowler
Julie Fowler
answered on Jun 12, 2024

If there has been a material change in circumstances, you can file a modification action to ask the Court to change the parenting time provisions. If the other parent has been an absent parent for many years, this could include requesting a change to require supervised parenting time or some type... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Could a family law case be over turn if my due process rights were violated? I hope I'm wording it correctly.

My sister filed for guardianship of my kids during the court process we were both to be questioned by a mediation. It being my first time at that court I had no idea where to go by the time someone pointed me in somewhat of the direction to her office I was 10 mins late. I explained to the judge... View More

James L. Arrasmith
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answered on Jun 11, 2024

In California, due process rights are an essential part of the legal system, including in family law cases. If your due process rights were violated, there may be grounds for challenging the court's decision.

Based on your description, it seems that you were not given a fair...
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1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: I'm wanting to know what makes my ex immune from any domestic violence paperwork that I have taken out?

He knocked my tooth out, knowingly, intentionally,and purposely burned me with a cigarette and then kidnapped my children, which I should have had all custody rights to because we were not married and I have been trying to get my children back ever since, this man has stolen 400$ off my bank card,... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about the situation you're facing. No one should be immune from the consequences of domestic violence, and your ex should be held accountable for his actions. If you have already taken out domestic violence paperwork, such as a restraining order, and it has not... View More

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If I have Primary custody of my daughter but share legal custody with every other weekend visitation with her mother

Is she allowed to vist her at school every week for lunch?

Daniel J. Miller
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answered on Jun 10, 2024

It will depend on if there are any restrictions in the custody order. There does not appear to be any legal restrictions that would prevent this. Virginia Code § 22.1-4.3 provides that unless a court order specifies otherwise, non-custodial parents shall not be denied the opportunity to... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Yesterday evening on Friday my boyfriend got a voicemail from a lawyer about an emergency exparte for a custody case it

He was told it was an online thing but we know nothing about how to respond online with this in the first place the whole thing is over the daughter lying to get out of facing punishment for another lie which she has been doing alot. He has 50/50 joint custody and the daughter is 12 . She said... View More

James L. Arrasmith
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answered on Jun 8, 2024

I'm so sorry to hear about the difficult situation you and your boyfriend are facing. False allegations of abuse, especially when involving children, can be incredibly stressful and scary. Here is some general guidance, but please keep in mind that I'm not a lawyer and this shouldn't... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Relocation

We have an agreement which say the child can’t leave the county (we live in LA). My ex wants to move less than 50miles to another county (Orange county). Does she need my permission?

James L. Arrasmith
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answered on Jun 7, 2024

In California, if your custody agreement explicitly states that the child cannot leave Los Angeles County, your ex needs your permission to move the child to another county, even if it is less than 50 miles away.

The distance of the move is less important than the fact that it involves...
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2 Answers | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: CPS is involved with my sister’s children. My sister wants to sign custody of her children over to me. Can she do that ?

The youngest child’s father is not involved and never has been and doesn’t want anything to do with his son. The older two children’s Father also will sign custody over to me.

James L. Arrasmith
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answered on Jun 8, 2024

In situations involving Child Protective Services (CPS), the process of transferring custody can be complex. While your sister and the children's fathers may agree to grant you custody, the final decision will likely involve CPS and the court system. Here are a few important points to... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Respondent filed amended responsive decl just 4 days before the hearing?

This is divorce case. I filed Motion to Set aside in Feb, and Respondent filed responsive declaration in March and I filed my reply in May. I believe I rebut RP's decl effectively, however, RP suddenly filed an amended responsive decl just 4 days before the hearing. RP removed all allegations... View More

James L. Arrasmith
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answered on Jun 7, 2024

In a California divorce case, if the Respondent filed an amended responsive declaration just 4 days before the hearing, it may be considered improper and unfair to you, the moving party. This is because the Respondent's amended declaration, which effectively serves as a reply to your reply,... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How do I apply for emergency temporary custody for my grandchildren?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

If DFCS is involved then you would have to go through the case that's already open. If there is not an open deprivation case, you will need to file in court. You will have to file the proper action and have the parents served.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Q: Does FL have to follow GA child laws

I gave birth to my son in FL and his "father" did not sign his birth certificate. After a year in FL my son and i moved back to GA and stayed for 14 months making him and i GA residents. On May 21st i was trying to return to GA and his "father" wouldn't give me my child and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

The father is kidnapping, plain and simple. Even if he had signed the child's birth certificate, that gave him zero rights to that child. If the father has not legitimized, he has no rights, no custody, and no visitation. He should return that child or he is committing a crime. I'm... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What would be the next thing to do while waiting on pending information from hearing on petitioner modification filed.

I have a custody case now open and the father of the child will not abide by the court orders as far as parenting plan given from different state. Case was thrown out because of jurisdiction and is now open here in state of FL. What is the next steps so I can get 50/50 here in FL as the case is at... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 6, 2024

You are always able to request a case management conference (status conference) with the judge. Look online for your judge's division procedures and there should be instructions for scheduling. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Fiance wants to adopt my daughter once married, what kind can we do?

My daughter's father has been no contact for 2 years and he never established paternal rights in court, but is on birth certificate. When I was going to file officially for custody, 6 different lawyers during consultations informed me that because we were never married and he never... View More

Nicholas P. Weiss
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answered on Jun 6, 2024

If the biological father has EITHER gone more than one year without de minimus (negligible amount) of contact with the minor child without reasonable cause OR has failed to provide support for the minor child, even without a child support order, then the biological father's consent is not... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I want to change the possession schedule for a child, because my daughter and the girlfriend are not getting along.

Divorced since 2017 ; I am a non-custodial parent. I have the standard possession schedule and I have been paying constantly the child support obligation,

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

You should contact an attorney who practices family law in or near the county where your child lives to discuss the possibility of filing a motion to modify the possession schedule. That attorney will advise you, based on the particular facts and circumstances of your case and their knowledge of... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: can parent A demand and threaten to call cops if parent B doesn’t have child home at specific time on parent B week

Parent A has been trying to get sole custody and has at one point claimed child has autism which was later confirmed the child didn’t. Parent A has changed child school twice without asking parent B for permission. As of late, parent A has been trying to be more controlling demanding such things... View More

James L. Arrasmith
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answered on Jun 5, 2024

Based on the information provided, it appears that Parent A is engaging in controlling and potentially abusive behavior towards both Parent B and the child. Under California law, unless the custody order specifically states otherwise, both parents have the right to make decisions about the... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I am currently still married to my daughter’s father we have been separated for four years. We have no custody agreement

My daughter lives with me and sees her father every other weekend and he has never paid child support. I want to move to Alabama so my daughter can grow up with her cousins since we have no family here. Getting a job wouldn’t be an issue and we could stay with family until finding a place to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 5, 2024

If you are still married then you both have equal rights over the child. Technically you can move without his permission; however, if he goes to the court you could be ordered to return. The better path is to either reach an agreement with him or go to court with a divorce/ relocation case. Speak... View More

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