Child Custody Legal Questions

I am not sure I understand your question, as something may have been left out.  Are you saying that a putative father, with no custody order in place, has refused to return the children and has registered them in school, in another state?  If so, you need to file an emergency motion in your local J&D Court, ASAP, and try to have this matter resolved as soon as possible. Once the children have been away from you for more than 6 months, it will raise questions about where the action should be filed.  I urge you to confer with an experienced family lawyer in your area to discuss this matter right away.  Lawyers charge by the hour, therefore, you need to discuss fees and expenses before setting up a meeting.  Best of luck~... Read Answer

You need to contact the family court in the county where you live to file a complaint for the establishment of a child support order against him. If he wishes, he can challenge paternity and as a result, the court will order a paternity test to confirm that he is the biological father. The court in NJ has jurisdiction over him since you live in NJ and the child will presumably live with you - which means that even though he lives in PA, the court will serve notice on him of the court proceeding. When you appear in court, you need to give the court as much information about his employment background, educational background and any places of employment so that the court can set a proper order for child support. You also want to keep detailed records of all of your pre-birth expenses so that you can ask that he be responsible to reimburse you for a portion of those expenses as part of the establishment of a child support obligation. You also want to provide the court with the details of any childcare arrangement you plan to have in place so that the court can also impose an obligation on him to contribute to that expense as well. By having the probation department handle the collection of child support, etc, his nonpayment of child support will result in judgements against him, which will follow him wherever he goes in the future. You also need to consider social services, so that you have proper prenatal health care services and proper healthcare after the baby is born as well as financial assistance.  As such, despite his rants and threats, whether he wanted a baby or not, if he is the biological father, he has legal responsibilities to the baby. If he did not want it, then he had the obligation to take proper protection while you and he was sexually involved. He cannot have sex with you and then seek to absolve himself of the consequence of that relationship. Like a bad take off on a Beyonce song, if he didn’t want a child, he should have put a condom on it (sorry but could not resist)... Read Answer

The clerk was saying that you cannot request 50% of retirement in an FL-300 for court hearing at this time.  The retirement is awarded in a final judgment.  If you have waiver of court costs, then re-file the FL-300 without the request for retirement funds.  If you would have to pay court costs again, then file an Amended FL-300.  In any event, do not ask for 50% of retirement in a FL-300 only in the petition for marriage dissolution.... Read Answer

It will affect you in a negative way if it is something you do not want.  If the schedule is something you want, then it probably won't harm you to sign it.  Child custody and visitation are changed until children are 18 unless it's a final judgment.  If it's a final judgment, then you shouldn't sign unless you can leave with the arrangement until children are 18 or a MAJOR change in circumstances.... Read Answer

It is unclear in your fact pattern as to how old your daughter is now and what you want??  I can presume that you want full custody of your daughter.  If so, then you need to file a petition for paternity (FL-200) in Superior Court.  Most Superior Courts have self-help units to help you complete all the paperwork.  Then a judge can issue an order giving in full custody or whatever you desire.  After you have him served, then he has a right to contest your request.  From what you tell me, he probably doesn't have the ability to contest you nor will he be awarded any custody.  If he wants visitation, you can ask that the visitation be monitored (or supervised) because you do not trust him alone with your daughter based upon his past conduct and propensity for violence.  Good luck!  ... Read Answer

That question was recently debated on the family law listserv, with no perfectly clear resolution.  The statutes, which you can read here, speak of parents with joint custody and parents with primary custody -- there is no specific provision for parents with no custodial orders at all (if the father is not on the birth certificate, then presumably you have never been to court regarding custody).  However, this statute says that when there is no custody order, the parents are considered to have joint custody. The safer course would be to get the father's consent to relocation and, if you can't, petition the court for an order permitting the move.  You should probably consult with a family law specialist about all matters of paternity, child custody, and child support.  For background on all three subjects, see the materials posted here.... Read Answer

You need to sit down with a family law specialist who has experience working with child protective services / DCPP to understand the rules and requirements for placement of a child (guardianship) with an extended family member. Im not sure how the Division came to place the child with your cousin's friend but I presume that the DCPP rep asked your cousin for a list of family members / friends willing to take care of the child and as a result of that interview process, this person agreed to step up and take the child. You also need to find out what the requirements are for guardianship of a newborn. ... Read Answer

There is probably some "back story" which is not entirely clear; it is bizarre, and unlikely, for a parent absent for years to drop in out of the blue and request custody.  You should probably review the relevant information and tests for both child custody and child support at the two links in this sentence (the child support laws changed in February), and then you should definitely consult with a family law specialist to evaluate the current motion and go over all of your rights, obligations, risks, and options.... Read Answer

Thank you for your question. Language in parenting time and custody agreements needs to be clear and well thought out. You would benefit from a free consultation with an attorney, either by phone or video conference, to go over your rights and options and help you structure a proper parenting time and custody agreement.... Read Answer

Sadly, you can't force a parent to be responsible.  I would suggest that you contact him either via text or email and ask why he did not appear for his court-ordered visitation.  Each week, during his scheduled visitation, you should send him a reminder that this is his week and ask if he plans to exercise his visitation?  If he does not respond, after the visitation period is over, you should write a brief note asking happened, noting that the children were looking forward to seeing him.  If he does not respond to your inquiries, it doesn't matter because you are making a record.  If this continues for a period of time, you can return to court and ask the court to modify the order based upon changed circumstances.  The court needs to know that his failure to appear is harmful to the children's emotional state and having them look for him every week is too painful to continue.  Best of luck~... Read Answer

Thank you for your question. I’m so sorry for your dilemma.  When you refer to “charged” do you mean criminally?  Because removal of a child from one state to another is not necessarily a criminal charge.  However, that being said, you can most certainly file a motion with the court to enforce your custody rights.  The fact that 2 years have passed may be looked upon as a waiver but still your ex did nothing to seek permission of the court to make the move.  The court looks to “the best interests of the child” and will decide based upon that criteria alone.  Depending on the age of the child, the court may personally interview the child and/or appoint a parenting expert to weigh in on the ramifications of the move out of state. I hope this was helpful to you.... Read Answer

It is impossible and potentially unethical for any family law attorney to give you advice on whether a trial judge would award you primary physical custody of your daughter or even a shared equal custodial setting without first sitting down with you to review all of the claims in your matter and understanding the roles occupied by you and your spouse in your child's life. Equally important is review of the expert reports, pleadings, therapist notes and any material contained in DCPP's file ( if applicable). Once a family law attorney has reviewed all of that material, then and only then can he / she be in a position to give you objective and reasonable advice on what is an appropriate custodial plan for your daughter.  Since you suggest that your matter is scheduled to begin trial shortly, I would sit down with your lawyer and go over line by line all of the relevant material and ask the lawyer to give you an honest assessment of where you stand with regard to the requests made by you. Everyone says that they want what is best for their children but in the middle of a divorce setting, sometimes you can be blinded to what is truly best for your child, especially if you still have anger for your spouse ( making it difficult to image him / her having any positive qualities). ... Read Answer

Dear Ms. DeGrandchamp:       A child cannot file a petition to reside with the other parent.  However, your son, as the father, can file a supplemental petition to modify the original timesharing agreement.  In  evaluating a petition for a change in timesharing, the court looks to a number of factors that are set forth in Florida Statute 61.13(3).  One of the factors is the preference of the child if the child is of sufficient maturity to voice his/her opinion.      If your son does file such a petition, he might also want the court to appoint a guardian ad litem, which is an independent individual who is able to research the situation, talk to all potential witnesses, and render a report to the Court as to the guardian's opinion as to whether the petitionshould be granted.      It is admirable that you are looking out for your grandchild's best interest, but now dad has to step up to the plate.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.... Read Answer

Dear Anonymous:   You have a very difficult situation.  You state that your daughter has been to 3 therapists.  What do they say is the underlying cause of your child's behavior in not wanting to see her dad?   You can always file a Supplemental petition to Modify Timesharing. There are approximately 26 factors the court looks at to determine a change in timesharing  However, before you start down that journey I would suggest that you obtain  professionals who will be able to testify that it is in your daughter's best interest to not spend as much time with her father.  Once you file for modification you will need these experts on your team.  The Court could also order psychological evaluation of your daughter and her father, and even you, to determine if timesharing should be changed.  Or there could be a social investigation done.  All of these are very costly procedures.  So get your ducks in a row before you begin the court procedure.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. ... Read Answer

Firstly sister needs to surrender on the warrant and get it dealt with. At the same time she needs to gather proof of these threats, whether recording or texts. She needs to take that proof and get an Order if Protection. It may also be that a family member will have to file for custody. Lots of legal issues. Your sister may have a rough patch of taking responsibility but then she can rebuild, safely.... Read Answer

Short answer: "no."  The relevant ethics code (The Nevada Rules of Professional Conduct) are not directly on point, but generally a lawyer should not contact a minor child; the point is clarified in the non-binding, but authoritative “Bounds of Advocacy” published by the American Academy of Matrimonial Lawyers.  Bound 6.3 states: “When issues in a representation affect the welfare of a minor child, an attorney should not initiate communication with the child, except in the presence of the child’s lawyer or guardian ad litem, with court permission, or as necessary to verify facts in motions and pleadings.”The official comments add: “Issues affecting a child’s welfare may arise before, during, and after legal proceedings.  There is a risk of harm to the child from an attorney’s contacts and attempts to involve the child in the proceedings.  Advice to or manipulation of the child by a parent’s lawyer has no place in the lawyer’s efforts on behalf of the parent.  Information properly to be obtained from a child regarding the parents and the parents’ disputes should be obtained under circumstances that protect the child’s best interests.”In Nevada, thee is no “magic age.”  The views of a child of “sufficient age and capacity to form an intelligent preference as to his or her physical custody” is one of many factors; a list of the custodial factors, and an explanation, is posted here.You should probably discuss the entire situation with an experienced family law specialist, to determine what you should say, and what you should do.... Read Answer

If you have a court order, the terms of the order are controlling.  Although you share joint legal custody, what does the order say with regards to custodial access? If he has the child during dates and times that are legally your days, he is in violation of the order and you need to return to court, ASAP to have a judge address this issue.  You need to confer with an experienced family lawyer in your area to discuss your rights.  Time is of the essence, therefore, you must take steps to protect your interest. Best of luck~ ... Read Answer