Child Custody Legal Questions

Good morning,   You should file a petition for full residential and legal custody.  It will protect your rights and will set you up in order to get child support as well.  Since he is not seeking visitation at this time, you do not need to do anything.  However, do not provide any visitation without an order from the Family Court.... Read Answer

You should be able to get the phone you purchased back from the other parent, but I expect the other parent does not agree your child should have a phone during their time with him/her. While that may not be what you want, it may be difficult to get an agreement on this point without taking the dispute to the other party through a judge or mediator.  Often parents hold phones as a punishment, or because they do not agree it is age appropriate for a child to have a phone, or to prevent or limit their access to the internet or social media.  Depending on how your custody judgment reads, one or more of these reasons may be a valid parenting concern that need to be addressed. I would need more facts to be able to understand the real issue underlying this problem, but it should be something that can be worked out.... Read Answer

Unfortunately, when a parent decides not to follow a court order, the wronged parent must file a Motion for Contempt in order to get a change, unless both parties have agreed to make a change. Present your case to the judge and ask for your attorney's fees and court costs to be paid and for the judgment to be enforced.  You may also request makeup time, and the summer is a perfect time to make that happen, since the children are out of school.... Read Answer

If the child’s mother has filed for custody and child support in Missouri and you believe she lied about her address or other facts, you should respond carefully and through the proper legal channels. If you were served, you’ll need to file an answer with the court before the deadline listed on the summons—otherwise, the court can enter a default judgment against you. If her address is false or you believe the court doesn’t have the correct information about the child’s residence or custody history, you can raise that in your written response and at the first hearing. Missouri courts make custody decisions based on the child’s best interests, so the judge will need accurate information about who has cared for the child, where the child has lived, and each parent’s involvement. Gather any evidence showing that she has not been the primary caregiver or that her claims about the child’s living arrangements are false. If you’re unsure how to file your response or gather the right documents, contact a Missouri family law attorney or your local legal aid office right away. They can help you respond properly, protect your rights, and make sure the court hears your side of the story.... Read Answer

You’ll need to file for a formal custody order through your local North Carolina district court. Right now, because there’s no custody order in place, each parent technically has equal rights to the child, but the mother controls access by physical possession. Filing for custody allows a judge to set a clear, enforceable schedule and ensure your parenting time is protected. Given what you’ve described—your child’s mother’s DWI and child endangerment conviction, active probation, and recent mental health crisis—a court may find that it’s in your child’s best interest for you to have primary custody or, at the very least, unsupervised overnight visitation. Judges look at stability, safety, and consistent caregiving when making these decisions. You should start keeping detailed notes and proof of your involvement—receipts for items you buy, text messages, and any communications about visits. Then, contact a North Carolina family law attorney to help you file for custody and temporary visitation rights as soon as possible. Until there’s a court order, you don’t have an enforceable right to take your child for visits, so securing one is the best way to protect both your relationship and your child’s stability.... Read Answer

I hope that your custody agreement says something more than just "parenting time every other week". A good custody agreement will spell out the dates and times that he's supposed to pick them up and where, and will say who's supposed to pick up, who's supposed to do the drop off and things like that. If yours just says "parenting time every other week" and nothing else then he is probably not breaching the agreement since it is too vague. You need to talk with an attorney as soon as possible to work on getting more definite language in your custody agreement so that questions like this won't come up again in the future.... Read Answer

You do not need to worry yourself about your ex and his criminal charges. You need to concentrate on doing your best to get your children back from cps. Anything that you do to try to help him to escape the consequences of his actions will be seen as you justifying or supporting him and will make the court believe that you would be more inclined to allow him access to the children and continue to cause damage to them. Therefore, CPS will use that against you in court.  Your ex did this. He broke into your house multiple times, was violent with you and ended up getting himself arrested for burglary. He is a full grown man and this is a problem that he caused all by himself. You should allow him to deal with his burglary charges and allow him to deal with the allegations regarding terminating his parental rights. You should concentrate on not getting your rights terminated and protecting your children. They are the most important thing here. Much more important than your ex.  Please put your children first.  They deserve it.  ... Read Answer

If you do not have legal custody over your child you have no right to be enrolling them in schooling without an order saying so.  You are welcome to file a request for order with the court and attempt to make your point concerning schools, but it will likely be in your ex's discretion.... Read Answer

Because your original custody order was issued in New Jersey, that state retains what's called "continuing exclusive jurisdiction" under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)—which both New Jersey and Delaware follow—until certain conditions are met. Typically, jurisdiction can shift to Delaware if: Neither parent (nor the child) lives in New Jersey anymore, or New Jersey finds that it no longer has a significant connection to the child and agrees to let Delaware take over. Registering the New Jersey order in Delaware is a necessary first step, but that alone does not automatically give Delaware jurisdiction to modify it. You may need to file in New Jersey first to either request a transfer of jurisdiction or seek a modification there if New Jersey still qualifies as the home state. Given the serious allegations about the father's behavior, you should also consider whether an emergency custody filing is warranted under Delaware law once the order is registered. That can sometimes temporarily override normal jurisdictional rules. These are complex jurisdictional and procedural issues, especially when your child's safety is involved. While my focus is as an appellate lawyer handling custody appeals and complex jurisdictional issues, I recommend working closely with a Delaware family law attorney who can coordinate efforts with counsel in New Jersey if necessary.... Read Answer

If there is a court order in New Jersey governing visitation or parenting time, both parties are legally obligated to follow its terms—even if one believes the other is acting improperly. Unilaterally denying visitation or communication in violation of a court order can potentially result in contempt proceedings or negatively impact your own custodial rights. That said, if you have a good faith belief that your child's safety is at risk due to unauthorized individuals being present during visits (especially where there has been deception and an instruction to your child to "keep secrets"), you may be justified in seeking a modification of the existing order. However, this must be done through the court, not by self-help. You should strongly consider consulting with a New Jersey family law attorney to review your specific order and discuss your legal options, which may include filing an emergency application or motion to modify or suspend visitation. While I am an appellate lawyer in Maryland, I often advise clients that taking the proper procedural steps through court is the best way to protect both your rights and your credibility before the judge.... Read Answer

A paternity action can be commenced by the father of the child after the birth takes place. He would serve you with a paternity action, and this would cause the court to compel the parties to do a DNA test. If the DNA test comes back positive then the father would most likely request that he be granted either joint custody or visitation to him pursuant to his rights as a father to this child. You could countersue him for child support and sole custody if that's what you prefer. Sole custody is usually given to the biological mother when the child is of tender years. ... Read Answer

Good morning Maritza, Is there currently any type of custody order?  If so, does it provide your son with joint legal custody?  If there is no custody order, it would be imperative for your son to seek a custody order.  He needs certain protections in place to make sure he is afforded legal (decision making custody) and parenting time.  Also, based on your post, perhaps it would be in the child's interest that your son have primary residential custody.  These are things that need a deep exploration and a proper legal strategy.   As far as the 3/28 date, is that for a hearing on the Order of Protection or something else?  If the basis is solely for your son yelling at your daughter-in-law, the petition should be dismissed.   These are very important issues that need a deep discussion.  If your case is in the NYC area and you would like to discuss further, feel free to contact me.... Read Answer

Good morning, With respect to adoption, generally speaking you are required to obtain the consent of the biological parents.  However, in a situation where the biological parent failed to maintain substantial and continuous contact with the child, consent may not be required.  Nonetheless, it is advised that you do some due diligence to locate the biological parent and seek his or her consent.  Thereafter, you have to file a petitition in family court. A name change is a separate petition that you would want to undertake after the adoption is complete.    ... Read Answer

Although I'm a Maryland child custody lawyer, I do know that, in California, when a court order specifies that holiday schedules supersede regular visitation, the holiday schedule takes precedence. If your court order granted you custody on Thanksgiving from 9 a.m. to 6 p.m., your custodial time for that holiday would have ended at 6 p.m., even if it overlapped with your regular visitation. Continuing the exchange at 6:30 p.m. may be viewed as a deviation from the court order. However, disputes like this often arise due to ambiguities or misunderstandings in parenting plans. To avoid future issues, it's a good idea to clarify any conflicts between holiday and regular schedules with the court or through a stipulation with the other parent. Consulting a California child custody lawyer can help ensure your actions comply with the court order and protect your rights if further legal action is taken.... Read Answer

Although I'm a Maryland child custody attorney, I know that in South Carolina, there is no specific age at which a child can independently decide to stop visiting a non-custodial parent (NCP). However, courts may consider a 12-year-old's preferences, especially if the child expresses safety concerns or emotional distress, as part of their evaluation of the child's best interests. You should definitely consult with a local attorney in your jurisdiction.... Read Answer

Although I'm a Maryland child custody attorney, I can say that generally, communication requirements between co-parents are not enforceable unless they are specifically outlined in a court-ordered custody or parenting agreement. If there is no legal document restricting how you communicate, you are not obligated to adhere to these limitations. However, maintaining respectful and effective communication is often encouraged to ensure the best interests of your daughter. If you feel these imposed methods are unreasonable or detrimental to co-parenting, you may want to consult an attorney in Minnesota to review your custody agreement and provide guidance on your legal options. Open communication tailored to your family’s needs is always preferable.... Read Answer

Although I'm a Maryland child custody attorney, I can say that pursuing legal custody is a critical step to formalize your rights, especially given the lack of involvement from your son’s father. Hiring an attorney can help ensure that custody paperwork is properly drafted and reflects your child's best interests. Additionally, creating a will is an important measure to designate guardianship for your child in case of unforeseen circumstances. Working with a family lawyer will provide you with the guidance needed for both custody and estate planning matters, ensuring your son’s future is secure. Consulting an experienced attorney can simplify the process and address your unique needs.... Read Answer

It definitely sounds like you are going to have to deal with a number of significant legal issues. I would want to review the Order before going too detailed into my advice, but it sounds like you will need to bring this matter in front of the Court and FoC. With the child being so young, it sounds like you may be dealing with this type of issue for a long time. Your best choice s to address it now, which is exactly what you are going.... Read Answer

Mr. Dossett: Sometimes judges are just backed up and sometimes things get "lost."  I am assuming that you did not have an attorney representing you at the hearing.  First you should check the on-line docket because sometimes they court's orders are filed there and it sliops throughthe cracks where it is not sent to the parties. If you do not find it there, then  I would suggest calling the judge's judicial assistant and (very nicely) explaining that your case was heard 3 months ago (give the assistant the case number and the date of the hearing) and  that, as a lay person, you were just following up to see when the assistant thought the judge would rule.    As to things that have happened since then, you will have to address that separately since the judge only took evidence and testimony up through the date of your hearing. Best of luck to you. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785... Read Answer

By "waiting to go to court", do you mean you filed an action, but the case hasn't been heard, or you haven't filed. If you haven't filed, do it ASAP. Document everything you do to try and see and speak with your daughter. You'll need evidence of your atttempts when you do get heard in court.... Read Answer