Get free answers to your Child Custody legal questions from lawyers in your area.
Full custody parent traveled outside the country and didn't inform the other parent. There are concerns of possible child abuse by step parent left in charge of child. Can non custodian parent do something?
answered on Jun 2, 2021
You need to carefully read the parenting plan regarding travel and right of first refusal. If the custodial parent has all of the timesharing rights then it is possible for them to travel and use their chosen caretaker. If there is a restriction it will be written in the parenting plan.
My ex husband and I agreed that our son would attend a different high school to the one stated in the parenting plan. My ex is now rescinded this and is insisting that he attend the high school stated in parenting plan and is threatening to unenrol him tomorrow. Does the joint decision we made... View More
answered on May 26, 2021
The Parenting Plan controls unless it was modified in writing and adopted by the Court. Therefore, unfortunately the joint decision that was verbal is not binding. However, the joint decision is relevant related to any modifications on the Parenting Plan and school.
I became pregnant with my daughter during the time my boyfriend and I were separated. It was a one time and I do not know the father. The boyfriend and I did keep seeing each other and when I found out I was pregnant I told him and I moved back in with him at 6 months pregnant.
We were... View More
answered on May 19, 2021
You cannot do anything. He is the legal father and the law is relatively complex in this regard. He has the right to maintain his status as the legal father and your child has the right to maintain her status of legitimacy. In terms of a timesharing schedule and parenting plan if/when you do... View More
My ex and I share custody of our 13 year old daughter. In the parenting plan it states that my address is the designation for school and I just moved out of the school district my daughter goes to meaning she now needs to move schools (from Lee County to Charlotte County.) Her father is upset that... View More
answered on May 18, 2021
Changing schools is governed by shared parental responsibility. So yes, you have violated that and he can take you to court. Changing schools is different than relocating within the 50 mile radius. If you cannot reach an agreement then you will need to go to court on this issue.
General Magistrate ordered that I inform my ex (I share a son with them) any time I get a ticket/moving violation during a hearing where I was requesting to remove a joint stipulation from 2015 where I agreed I would not drive our son because I did not have a license. Neither my attorney nor his... View More
answered on May 12, 2021
Yes, the magistrate was probably within the bounds of the motion since it had to do with your driving privilege.
The father has not been in her life since she was 1, and has had no contact nor attempted to contact her. I understand that these kind of adoption can cost quite a bit, and given my wife's disability, we don't have that kind of extra money. So I'm asking if there are any pro bono... View More
answered on May 11, 2021
You can actually do this without an attorney if you are unable to locate a pro bono attorney. Here is the link to the forms from the Florida Courts website:... View More
My daughter has an active open case with social services in NC. She has recently asked me to come take the kids till the end of the school year while she gets her life straightened out. I sent her sister, my other daughter to pick my grandchildren up. The same day my father was in an accident &... View More
answered on May 11, 2021
Florida may have what is considered "emergency jurisdiction" under the UCCJEA; however, from what you write, it appears that the children's home state is North Carolina if the children regularly reside there. In the event something is filed in NC and that is the children's home... View More
my step mom and dad can be physically or emotionally abusive. i help out so much but still get treated like trash. i’m so emotionally drained and i can’t live here anymore. they cause frequent panick or anxiety attacks for me and it’s getting to the point where i’m severely depressed. can i... View More
answered on May 11, 2021
Please reach out to a trusted adult or other relative. It can be a teacher, guidance counselor, school principal or administrator, clergy member, friend's parent, doctor, or someone. If you are being abused, you can also call the abuse hotline in Florida. That will cause the Department of... View More
answered on May 11, 2021
Hi, an unwed Father must assert his paternity and parental rights (along with responsibilities). You do this by filing a Petition for Paternity and Related Relief. This is something that you can do on your own or you can retain counsel for such case.
answered on May 8, 2021
In the event you are going through either a divorce or a paternity case, the children’s medical records are typically not relevant unless there is a specific enumerated reason that they would be necessary. This is an issue that you would discuss with an attorney in order to ascertain whether or... View More
answered on May 8, 2021
It really depends on two things. First, what does your final judgment and/or marital settlement agreement say about this? Second, what is the purpose of the children going to the doctor? There is no one right answer to your question, it really depends on the facts and circumstances. It would... View More
The child support was court ordered through a judge from getting a divorce. Father has no visitation rights, mother has 100% custody of child and father see's child when they want rather than consistently.
answered on May 5, 2021
What you are asking is not something that is done as same is against public policy. The responsibility to pay child support is not tied to the timesharing. There are ways to terminate parental rights and that is something that can be discussed with an attorney to see if this is possible in your... View More
I went to pre trial on march based on my motion for contempt and modified time sharing that i put in the courts against my son father and the judge told my son father at Pre trial that he have 20 days to respond back to my motion. its been over a month and he have not responded and it was ordered... View More
answered on May 5, 2021
Motions do not typically require responses. However, a responsive motion or an Answer is required in response to a supplemental petition for modification. You may want to see if you can schedule another status conference with the judge. Additionally, if this was a pre-trial conference, there... View More
I just filed for divorce from my ex. She was extremely abusive and even stabbed me 2 times. We have been separated 3 years. In the past 2 years I've had my son who just turned 6. His mother has not been in the picture this whole time. The only communication has been 3 emails in total, only 1... View More
answered on May 5, 2021
You appear to have a strong case for the child being with you full time. You can achieve this through the divorce process. The more difficult issue would be to try and terminate the mother's parental rights. This would happen in dependency court and is a prerequisite to anyone else adopting... View More
answered on Apr 29, 2021
Child support would stop upon a court order of termination of parental rights. You and the father cannot just "agree."
I won a hearing after the mother petitioned for an emergency pick up order. Judge agreed with mother and ordered, I apealed the decision based off of due process and my ability to not tell my side. the judge then recanted and called for a hearing. I won the hearing the judge determend the... View More
answered on Apr 22, 2021
You attend the hearing and testify if asked to do so. Otherwise, leave it up to your attorney.
I married my spouse in July of 2017.. I am wanting to file divorce but I am interested in doing so AFTER i move to a different state (PA). My spouse is currently going through the immigration process and he said he is fine with me moving out of state with our two children. But i have heard that i... View More
answered on Apr 13, 2021
You are allowed to move before you file for divorce even without your husband's consent but the issue will be that your husband can then file for divorce once you have moved and ask for the children to be returned. If your husband is in agreement for you to move out of state make sure to get... View More
answered on Apr 10, 2021
The term "attorney of record" means the attorney who has "appeared" in the case for one of the parties, either by signing a pleading in that case or by signing a notice of appearance.
She's a newb mother she barely know about been a mon and she's scared because she has noone to help her in there or to show her few tricks for the baby not to cry. She's scared because sometimes the baby cry's and she does everything that was teached to her but he doesn't... View More
answered on Apr 7, 2021
Speak to an attorney who practices family law about seeking a court-ordered parenting plan.
My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... View More
answered on Mar 25, 2021
1. The first line of defense I see is for you to go back to the same court that granted your divorce and file a motion to reopen the cases and also file a motion for contempt--citing all of the reasons you gave us here.
2. The second line of defense is to hire a very experienced trial... View More
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