Child Custody Legal Questions

If the mother is in jail, the court has the authority to order the appointment of a Guardian ad Litem (GAL) to act on her behalf.  If the court has not appointed a (GAL) the court may appoint a GAL upon request of either party.  The GAL will appear in court for hearings and represent the best interest of the mother. As long as the mother has received proper notice of all hearings and proceedings, and it appears that her rights are being protected, the custody hearing will probably go forth.  However, I cannot say will be the case without knowing what if any prior hearings have taken place, and whether she was made aware of those proceedings.  The key to any hearing going forth is whether all parties to the proceeding have proper notice and the opportunity to be heard.   Best of luck~  ... Read Answer

You state that you and the father share joint legal custody but you make no mention of the biological mother's rights.  The order, which awards custody to you and your spouse, should set forth the status of her parental rights.  It is not possible to answer your question without reviewing the court order.   It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater detail, which includes a complete review of all court-related documents or agreements in the case.  Best of luck~... Read Answer

Legally, as a relative you could be considered for placement if legal mother (bio grandma) is abusing or neglecting the child. As a practical matter, if the therapists and DCS workers do t believe the child and believe mom, it's going to be very hard. The abuse and neglect would have to be proven by clear and convincing evidence. It certainly sounds like a very difficult situation. ... Read Answer

If you pass the drug screens, then drugs won't be an issue in your custody case. If you can prove that your husband knew you were clean and made the accusations anyways, it's possible the Court would consider that as a factor in making a custody decision. There are lots of factors, and each gets weighed, so nobody can say exactly what effect any one thing will have.... Read Answer

Whether daycare qualifies as "school" will be determined by the specific language of your order.  Assuming that the order does not define daycare as school, the fact that your daughter is enrolled in daycare should not affect your summer possession (or, indeed, any other period of possessession).   To enforce the provisions of your order, you may need to file a writ of habeas corpus or a motion to enforce.... Read Answer

That's a lot going on; I'm sorry you have so much on your plate. Father could file an action for primary custody, and he could ask the court to let him move out of state. All of that would be done using the child's best interest as the baseline. There are a lot of factors, but number one is continuity of placement and who has been the primary caregiver to the child. In the real world, I won't say more money doesn't matter, but it doesn't just mean he wins. It's not against the law to be poor.... Read Answer

Thank you for your question. Restraining orders in NJ can be obtained against an individual who has family/household type relationship with the victim. Furthermore, restraining orders can be obtained on behalf of minors. Typically custody issues are determined in a different forum than a restraining order, however, the outcome of the restraining order can have serious implications as it relates to custody. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns. ... Read Answer

Dear Anonymous:    To petition the court for a change in timesharing ( we don't call it "custody" in Florida anymore), one has to be abe to first allege and then prove that there has been a substantial change in circumstances that was not anticipated at the time the original parenting plan/timesharing was established, and, most importantly, you have to be able to show it is in the child's best interest for the change to occur.   It is highly unlikley, dare I say nearly impossible for one parent to have all timesharing to the exclusion of the other.  However, if your parenting plan contemplated that dad would be with the child at 4:00 and he's not coming home until (for example) 8:00 and not spending time with your child, then that would likely qualify for the substantial change that was not anticipated  (at least by you) when the plan was ordered by the court.  However, you will still have the burden to show that this is in the best interst of your child to change the timesharing.  Although from a logic standpoint, it would seem that if you could be with your child from 4:00 (or earlier) each day, and  interaction with a parent (versus a girlfriend) is better, then you would have a slam dunk.  The law is usually more demanding.  Experts, or other outside evidence that  shows why being with you versus the girlfriend will improve you child's life would also be considered. I would not go for "full custody" but to modify so that when dad has time, it is actually time he will spend with your child, and if he cannot be there then you are able to do things with the child to aid in helping with the delayed development. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561/962-2785... Read Answer

The short answer is "it depends."  There are many facts an attorney would have to evaluate to give you an answer to this question. You did not mention what your final order says about visititation and access. You also did not mention whether or not you even have an order. Another factor is the age of your daughter or who linked the suicide attempt to an abusive relationship with the mother. If your child is being abused by the mother and you can prove it, then you may be faced with choosing between conflicting court orders. You could be putting your daughter at risk in knowingly releasing her back into her mother's care or you could be violating a possession order. In short, this is a very complicated issue and one you will not be able to navigate this sucessfully without counsel. I suggest you make an appointment with an attorney as soon as possible.  ... Read Answer

Your son needs to file a suit affecting parent-child relationship to obtain Court ordered visitation rights. I suggest he pay an attorney for a initial consultation to understand his rights and legal options. Most attorneys offer a discount for the initial consultation and it wll be worth every penny for your son to understand his rights. ... Read Answer

Your parents have the right to determine where you live.  Thus if they both decide that you should be living with your father, you likely should try living with your father.   If, however, your mom put you out and your dad refuses to take you in, that might be give rise to a charge of "child neglect" against mom.  Same if living with dad is unsafe for you.   If, however, you just don't like dad's rules and that's why you're objecting then, I'm sorry to say, parents do have the right to make appropriate rules for their teenagers and teenagers are expected to abide their parents rules.   Good luck to you.... Read Answer

In all matters related to children, courts are mandated to determine and do what is in "the best interests of the children."  Thus, while what happened in the past will likely be relevant and considered by the Court, if you can, you [or preferably your lawyer] should argue that what happened in the past is no longer determinative of what is in the children's future best interest.  A judge may be skeptical so the more evidence you can muster to demonstrate that you are "new and improved" and that the "new you" would not be negligent or abuse drugs, and is a caring and devoted mother, the better your chances are to succeed.   Ultimately you will have to demonstrate a "change in circumstances" to allow the Court to reconsider the custody issue, and then demonstrate that your children are better off in your care than in the care of their dad.   Good luck.... Read Answer

If there is proof (clear and convincing evidence) that the new husband poses a significant risk of material harm to the children, a Court could grant a restraining Order or modify the parenting plan. Fairly  high standard of proof. It will depend on the exact facts of the domestic violence with wife and older daughters ... Read Answer

What do your orders on custody and parent-time say? Those orders control. If you haven't addressed the issues in court, a lot depends on why the other parent is out-of-state, and the financial abilities of the parties. Section 30-3-37 covers this in general. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests.   You need to get with an aggressive family law attorney who has experience with divorce, custody and difficult cases. I know what these cases are like, having handled a number.... Read Answer

That is a complicated situation.  The general rule (and particularly after the U.S. Supreme Court's Troxel v. Granville decision) is that grandparents do not have standing to seek custody where the parents object.  If your granddaughter is the daughter of your son and your son is deceased, that might change the calculus and give you standing under the grandparent visitation statute.  But otherwise, courts may not infringe on parental rights in favor of grandparents. The next question is how old is your granddaughter?  The older the child, the more inclined courts are to take their wishes into consideration.  That, too, however, may not be relevant in a contest between a grandparent and a parent (only between parents). It is for situations such as this that the Uniform Law Commission promulgated the Uniform Non-parent Custody and Visitation Act.  Had New York adopted that set of proposed laws, you might have standing to challenge your daughter[-in-law] for custody.  Without it, however, you have an uphill battle because, generally, grandparents lack "standing" to challenge a parent. The specifics of your case might give you further rights.  For example, you don't say how long you've been caring for your granddaughter.  You don't say what contact her mother has had with her during this time. So possibly with better knowledge of the facts a claim can be made successfully.  But the simple answer, unfortunately, is no, you can't prevail in a legal contest with your granddaughter's mother. Good luck and God bless for the good your doing. Chaim.... Read Answer

New York courts, when deciding custody of a child, have to determine what is in the child's best interest.  Thus, the question will not be who did what wrong but instead in whose custody will the child be better off? I find that it usually takes a mental shift to stop thinking in terms of "what do I want" to "what is best for my child."  Making this shift is generally good for parents and is vitally necessary for anyone considering entering a custody battle. Good luck to you. Chaim.... Read Answer

Thank you for your question. Joint legal custody requires joint decisions regarding education. Additional information is required such as parenting time arrangements and other educational information to better guide you. I encourage you to contact an attorney to schedule a consultation to discuss your matter further.... Read Answer

First, you need to register with the Texas Paternity Registry.  You can easily find the necessary forms online with a simple internet search.  Please make sure you are on the .gov page to download the "Notice of Intent to Claim Paternity" form and follow instructions to file it with Texas Department of Health and Human Services.  Then, you need to hire a family law attorney to protect your parental rights and secure access to your child. If you are in the DFW area, then our office would be happy to represent you. ... Read Answer

If there is an actual termination of parental rights Order  of Court, validly entered by the Court, then you are no longer the child's parent.  Because you are no longer the child's parent, you don't have to pay child support.  Be aware though, that it's a complicated process to actually voluntarily terminate your parental rights. ... Read Answer

If parents' rights were not terminated then they still have them. The only way to (possibly) keep kids out of their custody is by a petition for custody, or the higher level case could be a petition to terminate the parental rights. Both would involve the children's best interest but the legal standards are different. If parents are not currently fit parents you may find you have to file one or the other.... Read Answer