Husband is intoxicated and unsafe with children but refuses to leave home. What do I do? I am afraid he will get partial custody if i take it to court and I'm terrified of my kids being in his care while under the influence
That would certainly be a factor in a custody (parenting) determination. However, courts tend to want both parents involved in the children's lives. Without documented abuse, it is difficult to fully terminate parental rights. If the alcoholism is well documented (arrests for DUI, etc.), you MAY be...Read more »
Child' father lost his job and kicked out of where he was staying. Started living with his mother while trying to find a new job and a new place to live. He is supposed to have our child overnight every other weekend. Does this change now that he doesn't not have a place of his own? What happens... Read more »
If the child has a "sleeping space," (own bed or area to sleep, but most preferably a bedroom), the Court may still permit the parenting time to continue. Many people lose jobs or fall into bad situations and live with a relative. If this is weekend parenting time, the Court is more likely to...Read more »
You do not have to respond but it may depend on the written court decision for the guardianship. It may state in the decision what types of contact the mother can or cannot have. Read it carefully. Just keep in mind that generally speaking, courts prefer allowing some types of contact with the...Read more »
You would file a new parenting plan, that can be found on the court's website. You would need to outline the new routine schedule you have agreed upon. The court should approve the agreement and you will receive a copy of the new parenting plan once it is approved.
I have primary custody of my 6 year old son and my ex girlfriend has visitation 3 weekends a month. My ex girlfriend lives with her mother and was just arrested for becoming belligerent and throwing things through windows. My friend lives next door to her and has also said that she believes my ex... Read more »
You can file an ex parte motion to temporarily prevent parenting time with the mother so long as you can show that your son will suffer irreparable harm or injury if the relief requested is not granted. You would file this motion by going to the family court where your parenting plan was issued....Read more »
My children's father I divorced 8 years ago in Washington state. We have 2 daughters. The oldest is not his and he knows this, although we have raised her as his own. She is 16 now and still doesn't know. I now live in New Hampshire. He is in Missouri. I would like to modify child support because... Read more »
I have primary. Dad has 2 wkends a month (4days) as he chose on decree. I asked my ex to keep the kids for my husband's 50th bday party where out of town family is coming as well as many of their best friends. Offered options: He could take them Friday- I keep Sat - give back Sunday so he loses no... Read more »
I believe you should check the language of the parenting plan. It usually contains a provision that each parent should make reasonable accommodations to deviate from the plan. I think that this would constitute a reasonable request. I do not believe that this would constitute "immediate or...Read more »
Parenting plan a year in place, I could not afford a lawyer- he could. I filed the petition because he changed his days/weeks with our daughter all the time and refused to help financially with anything. His lawyer now has him paying half of day care a month, but he's still never accurate per our... Read more »
You would not to go jail If you moved outside of the designated areas, however, it could be grounds to change the parenting plan. The law on modification of parenting plans has changed and you may be able to move to amend that portion of the parenting plan based on your facts. I hope this helps.
I have maintained majority parenting time of my son for about 3 years now. I moved to NH to be with my son originally. My entire family (parents, 7 siblings, 5 neices and nephews) are all in my home state of KY. I want to move back to be closer to them. If we made an arrangement for her to take him... Read more »
In order to relocate you have to give the other parent 60 days notice of your intent to move. If the other parent objects, the court will need to decide if (1) if the move is for a legitimate purpose; (2) if the move is in the children's best interest. In general, the court will not favor...Read more »
I was having a back and forth email conversation with my GAL. In the emails I was discussing a proposed parenting plan that I have been working on. My GAL decided to forward our conversation, including the draft of my parenting plan to the opposing counsel, stating that "the other counsel has a... Read more »
She can call the police in North Dakota in the town the grandparents live in and try to file criminal charges for kidnapping. She should also file criminal charges in NH with her local police department so they can help her get her children back.
Hello I have an 8 year old daughter who's mother has just came back into picture she was granted Sunday and Monday night custody. My mother has overall guardianship. My daughter has dance lesson which I pay for out of pocket and has been in dance longer then her mother has been back but now the... Read more »
If she is not complying with the Court Order then one option is to file a motion for contempt. She will be responsible for your costs if you are successful. The guardian cannot stop visitation - you will need to ask the Court to modify the Order so your daughter gets to dance class.
One of the following must apply to file for divorce in New Hampshire: 1) both parties live in New Hampshire, 2) the petitioner (the spouse starting the divorce action) has lived in New Hampshire for one year, or 3) the petitioner lives in New Hampshire and their spouse can be served with divorce...Read more »
I have not had contact with my ex husband in more than 6 months as he refused to get back to me about arranging a date to visit her. I had problems in the past with not having a stable environment for her to live in. According to our parenting plan he was not to move farther away without asking me... Read more »
If we both agree to this, can I take them out of school to go? Can I get in trouble for it? Bad, bad breakup with a violently abusive wife who turned it on me when I told her I was leaving and had me taken away from family for over a year. Finally received 50% custody 3 years ago. Kids Irish dance... Read more »
He doesn't make effort to see her. I want full custody and him off the birth certificate. I tried giving him the chance of surrendering his rights. He told me to take him off her birth certificate but won't work with me in the steps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.