Get free answers to your Child Custody legal questions from lawyers in your area.
i dont want to disrupt his life if it will be temporary, but its not a good situation,
answered on Aug 28, 2017
Unless there is a legal termination of parental rights, there is no such thing as permanent custody. Once a custody order is in place, it takes clear and convincing evidence of a change of circumstance or substantial cause to change it, but it can always be changed.
Right now, it sounds... View More 
My parents do not respect the way I want my son raised. And they directly undermine me as a father. I do not want my son in their lives anymore. Can I put it in the court file that he is not allowed to see them or be watched by them unless I am the one that brings him to see them?
answered on Aug 25, 2017
Without a court order, likely no. Mom would be free to bring your son to the grandparents on her time as she sees fit. You could seek a court order preventing that, but unless she were willing to stipulate to such an order, you better be prepared to convince a judge that seeing the grandparents is... View More
My partner is from Michigan but lives in Ohio. We have a 3 bedroom home and a 3 year old daughter. Our spare room is an office/playroom because my job requires me to have my own personal work space (I do billing and data entry from home 25-32 hours a week). Since my daughter is 3 it is half a play... View More
answered on Aug 25, 2017
The child needs a suitable place to sleep. Whether the office / spare room is suitable is a question of fact. From what you're telling us, and unless the parenting time order specifies something, I don't see how your setup would be "illegal".
They have had trial adjourned twice already. It would be the same lawyer just under a different law firm name (their own). I don't want to do anything that would allow them to push trial back. Would my signing an Order of Substitution af Attorney give them a way to ask for and be granted an... View More
answered on Aug 24, 2017
First, if it's a custody case, did you hire an experienced family law attorney to represent your interest? If not, do so, as custody matters can be and generally are complex. I don't know where you're located, so it's difficult to advise you of the policies and practices of the... View More
I'm 34 years old. On friday she came home to me talking with a friend and proceeded to call police. There was no arguments and she assualted my friend but made me leave for 48 hours. I went to return to my home after those 48 hours and she changed the locks. She also will not let me see my... View More
answered on Aug 21, 2017
Short, to the point, answer: you'll need to motion the court to terminate or modify the PPO, and consider filing a divorce complaint. Those are two, distinct, processes.
Do the grandparents have rights, & would her siblings (being their Aunts) have any rights to see them? He is upset because she left her father in charge of her estate, as well as life ins policies, vs her EX husband (whos extra marital affair was the reason they divorced, is still going on, in... View More
answered on Aug 21, 2017
Unless there are some fairly unusual circumstances going on, the father in this case has the law on his side. Grandparents would likely be the only people with standing to even approach the court, but even then, they would need to show a substantial harm to the child with not allowing visitation -... View More
Mother wants me to terminate my rights, and I want to.
answered on Jul 26, 2017
Nothing to terminate. You legally are not the child's parent until you've been determined to be the biological father. Without being the legally determined father, you have no rights to see the child or pay support for the child, unless, for some reason, there is already a child support... View More
I request that the court order the following
A) set aside order of filiation, or
B) other (write a detailed explanation)
answered on Jul 26, 2017
If there is no court order naming you as the father, then A does not apply. An Order of Filiation is an order that names an individual as the biological father. So B applies. Just indicate that you are seeking DNA testing to establish paternity of a child you believe is or is not your child.
To this information? We have 2 children. This is my vacation plan and will return in 5 days.
answered on Jun 21, 2017
If your Judgment does not provide that you're to give the information to her, I don't believe you are required to do so. However, as a courtesy there should be no problem in providing her with the information so she knows where to contact her child should the need arise.
I'm active with my child. Just want her home with her mother and my mother won't let me even visit. So I'm in a much better position financially and would like to have my daughter home. Can I bring her home without worrying about courts since she lived with her so long?
answered on Jun 12, 2017
As long as there are no court orders in place, I don't know why you couldn't have your daughter return home. Is there, or was there, protective services involvement? Does your daughter want to come home? Is there a guardianship in place?
I am 14, I have a horrible relationship with my stepmother, my mother lives 5 hours away and is happily married, I am extremely sad and unstable in my current home, they have a son together (dad and stepmom), they had me as teens and never went to court for anything, they both are financially... View More
If a judge does NOT have a court reporter present and therefore is no court record is that judge in trouble for that?
If the DHS intentionally with holds evidence that would clear a person's name is that legal?
If Professionals have sent in over 20 child abuse complaints and... View More
answered on May 30, 2017
While there might not be a court reporter, there more than likely was a video recording if there was an official court hearing.
As to the other 2 questions, there is not enough information.
My aunt is raising and taking care of her other child but is not in the health to raise another. We want to keep the baby in the family but we don't want to wait for my cousin to mess up and land back in jail before I get the baby. Is there a way with her drug use and prior convictions that... View More
Our court papers state a 30 day notice is required for a move
answered on May 22, 2017
The question is what harm has been caused by giving only a week's notice? Does it have to do with parenting time? Was the move out of state and, if so, was permission to move out of state granted by the court? Was the move more than 100 miles from the residence of the minor child(ren)? How... View More
During a CPS investigation I signed off all my rights because it was going to termination anyways. The father also signed off.
answered on May 19, 2017
Until the child is adopted, you are responsible for the child's support. Termination does not absolve one of having to support his or her child.
She is doing it because she is upset that the kids stay home with my wife when I work. Do you think the judge will grant her the change?
answered on May 10, 2017
Many more details are needed in order to properly evaluate your concern. How old are the kids? How long have you been married? How long has the present arrangement been going on? What court (where)? How many overnights are presently awarded to you? What has changed income wise for you and her? Seek... View More
Their mother is all of a sudden wanting to move to Florida and take my kids with her. Is she allowed to do that?
answered on May 10, 2017
Odd, but your children's mother asked the same thing yesterday. If there is not a court order awarding custody of the children to you, but rather the order grants custody to the mother, you should hire an experienced family law attorney to petition the court for a change of custody. As she... View More
Hi when I was 15 and in foster care I was ordered by a judge to not see my ex or the baby we had because my foster parent wouldn't allow it. When I was 18 and got out of foster care I got to see my kid until my ex got back with her boyfriend. Now she is 10 and at least once a year I contact my... View More
answered on May 10, 2017
That's not a question that can be answered easily. Custody cases are some of the most complex cases in a family law practice. It is very fact dependent. Unfortunately, you do not provide enough information to properly evaluate your concern. I suggest you engage an experienced family law... View More
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