Doak Willis' answer No they are not correct. The law encourages the custodial parent to allow additional time for visitation with the child or children and they cannot use that is any modification hearing in the future against you. Usually the parties share the travel expense and your facts show that you are following the intent of the law and you should not worry about the non custodial parent trying to use your past actions against you.
Kathryn Hilbush's answer You may have to follow the PA relocation procedure. Your question really needs to be addressed by an attorney in an in person consultation during which the logistics of your ex's move and your prospective one, along with those of your custody arrangement, can be carefully reviewed in detail.
Rich J. Peters' answer Would you be claiming that they are not safe in his care? Or simply that they should be with you during your sister's time? I would need to now more. We can of course assist with either effort.
Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover...
Leonard Robert Grefseng's answer No, Tennessee law requires parents to support their children. The only way to escape that obligation is to have another person assume it - by adopting the child. An adoption will terminate the parental relationship and establish a new parental relationship. The other parent will have to consent to the adoption.
Cary B. Hall's answer Impossible to answer without sitting down with you and going over your entire, detailed history since CPS got involved. But if what you say is accurate, it sounds like you're doing everything right so far -- and at some point, CPS will have to let go. They're typically hesitant to do so, however, and -- like you're experiencing -- they tend to keep moving the finish line so that supervision never ends.
I suggest you consult with, and then hire, an attorney to act as your advocate....
Cary B. Hall's answer If you want to relocate cities within Pennsylvania, you will probably still have to give the other parent a formal notice of relocation . . . especially if the distance is far (say, from Philadelphia to Erie). There are very specific rules and procedures for this, and so you should probably sit down with an experienced family law attorney to discuss them.
Cary B. Hall's answer If they are truly divorced and all issues of equitable distribution already settled, then no - she has no legal right to enter the home, regardless of whether the children are within or not. An open invitation may be the cordial thing to do -- and healthy for the kids to see Dad and Mom still having a friendly relationship as co-parents -- but that sounds like something you and he need to talk about rather than a legal issue.
Homer P Jordan IV's answer Ultimately that would be up to the judge, who would make the decision after reviewing the facts of the case. I'm assuming the abuse has been documented as well. You should consult with an attorney who can review the facts of the case in detail and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Ellaretha Coleman's answer The new order should supersede the prior order on child support. However, if the child support is being collected by DHS, you may need to forward a copy of the new order to terminate the child support withholding.
Rahlita D. Thornton's answer Regardless of the age of the child the judge still ultimately has the final call on this issue. 12 is an age that the courts do give a good deal of credence to their opinion.
Cary B. Hall's answer Once a child turns 14, a court will start to listen to that child's desires about custody -- which is not to say that the court will let the child do whatever he/she wants to, but the court will take the child's wants into more serious consideration (and even more so as the child gets closer to age 18).
In the end, the court will make a determination as to what's in the child's best interests concerning custody -- and that may not always be what the child wants (remember when we were...
Donald C Eby's answer Unfortunately, if he has taken residence legally and refuses to leave based on your request then you'll need to formally evict him through the court system. The process begins with legally enforceable Notice. If you are unfamiliar with the process I recommend that you contact and attorney to discuss the process or process the eviction for you.
Ellaretha Coleman's answer You an file an abandonment application if he has not provided support for the child for more than 30 days. We would need more information to determine if supervised visits would be warranted.
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