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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
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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
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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

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: I have physical proof child is being coached by mom. What should I do?

Child has suffered from mental health diagnoses. Mom has tried for years to coach and push hatred into the child regarding the dad. There are text messages to prove the child is being coached and lied to by mom.

Mom sent dad messages from daughter, which led dad to check and verify... View More

Narissa Juitt-Jackson
Narissa Juitt-Jackson
answered on Jun 4, 2024

You should look at asking the court for a Guardian ad Litem. You can use the text messages as evidence as to why one is needed. A Guardian ad Litem is an unbiased neutral third party appointed by a judge to investigate the best interests of a child.

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: If child pertective services has you come to there office to sign some papers and then has a officer in the same room

And after signing those papers the hhs tells you by the way this office has something to say and I was arrest for a warrant

Brent T. Geers
Brent T. Geers
answered on Jun 4, 2024

If you had a warrant, I'm unsure there is anything legally you can do about it as the police can execute it any time or place. Same thing could have happened if you were to appear in court on the CPS matter; they could have taken you into custody then.

1 Answer | Asked in Adoption, Family Law and Child Custody for California on
Q: Can cps use a 16 year old case in 2023 to remove a child from there home

Can cps drug test a parent if there not on proll or probation or because of a 16 year old case

James L. Arrasmith
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answered on Jun 4, 2024

I understand your concern, but I want to provide some important context first. CPS (Child Protective Services) operates under state-specific laws and guidelines. Their primary goal is to ensure the safety and well-being of children. CPS investigations and actions are typically based on current... View More

1 Answer | Asked in Immigration Law, International Law, Family Law and Child Custody for Massachusetts on
Q: Can an International Student get Emancipation in the United States?

I am a 16 year old from Pakistan in the US under a student visa. I study at MIT and currently live on campus in Boston, MA. Can I get Emancipated as my home country Pakistan doesn't have defined laws for emancipation? I have a full time job and I also Invest in Stocks and Shares. I also want... View More

James L. Arrasmith
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answered on Jun 3, 2024

As a 16-year-old international student from Pakistan on a student visa, getting emancipated in the United States can be challenging. Emancipation laws vary by state, and in Massachusetts, where you are studying at MIT, minors can petition for emancipation under certain conditions. You must... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for California on
Q: My Son is incarcerated and has a child there are no custody orders the mother is putting the child in danger

the mother is on drugs and drinks also plans to move child out of the country. married a guy after knowing him for 6 weeks for financial gain. my son wants me to have guardianship over the child

James L. Arrasmith
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answered on Jun 3, 2024

If your son wants you to have guardianship over his child due to the mother’s dangerous behavior, you need to take immediate legal action. The mother's drug use, alcohol abuse, and plans to move the child out of the country, along with her recent marriage for financial gain, present a... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: I have a child custody case pending in Georgia, can I move to another county within GA right now?

I have a child custody case that has been filed in my home town by my child's father. My child's father lives out of state over 300 miles away. I have not been getting any help financially with our son during the custody proceedings. So I would like to move to another county where there... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You should be very careful about moving while you have a custody case pending. If you are not receiving any financial assistance from the father, you should have obtained a temporary order for support while this case was going on. And if you don't know how to go about obtaining that, I would... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: What can I do if my child’s father cut off all communication with me for 8 months but filed for legitimation
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You should hire an attorney who can file an Answer to the legitimation action and represent you in court. Because the father may be asking for primary physical custody, and if there is a final order giving him that, you will not be able to change that absent a material change in circumstances down... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If I have physical custody and we both have split joint legal custody, is he allowed to leave state and not tell me?

I live in Indiana. My daughter’s dad has a record of abuse. We eased into visits having no overnights for a couple months at first. Now he has a gf from another state and goes there and leaves our child there and never tells me where she is, if she left state or who has her while he is working.

Robbin Trowbridge Benko
Robbin Trowbridge Benko
answered on Jun 3, 2024

He is obligated to tell you were he will be taking your child especially if your child is “being left” with the gf. He is required to inform you why is your daughter being left with the gf. Where is he? Look in your court documents to see if the parents were given “right of first... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Who has jurisdiction/venue over Georgia legitimation case if the mother/child no longer lives in the county filed?

We moved in September and documents were filed in December. The address is outside of the county where documents were filed.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You don't become a resident of most places in 2 months. You have to look at the residency requirements for the state and county in which you live. And if documents were filed, I would suggest you look into hiring an attorney to represent you.

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