Child Custody Legal Questions

In my experience, judges will say methadone treatment is better than illegal using, but it's still an active opioid addiction. I am not an addiction specialist, if you can get to treating your disease with an opioid agonist, that's probably ok, but methadone is still an opiate. Good luck. Stay on your sobriety path and the custody will come back. ... Read Answer

You fail to state which state the pending court action is in, or where the original divorce is. That could have bearing on any answer. Also, I'd need to review the decree and the pending case, if it is in Utah, to really be able to answer your questions. If it is all in Utah, then usually the parent cannot make that move, again depending on your actual orders. Depending on all the facts you have, and the orders, you might be able to file a petition to modify custody in the district court. Not having an attorney is a big mistake in a custody dispute. 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 modification, custody changes and difficult cases. I know what these cases are like, having handled a number.   Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office.   
Don't wait any longer, give a call and let's getting working to protect your children.
   
David R. Hartwig   

801-486-1715
drhlaw@ix.netcom.com... Read Answer

I am sorry to hear of your difficulties. Without reviewing the orders from the various courts I cannot really answer your questions or give you ideas about the success you seek. Depending on all the facts you have, and the orders, you might be able to file a petition to modify custody in the district court. Not having an attorney is a big mistake in a custody dispute. 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 modification, custody changes and difficult cases. I know what these cases are like, having handled a number. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office. 
Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

Violations of the Parenting Plan usually are litigated by an Enforcement of the Parenting Plan. Hire an experienced family lawyer to file the enforcement with the Court. Keep accurate records on all timesharing, so that it may be presented to the Court, as an exhibit, during the enforcement action.... Read Answer

Due to the frequency and extent of these violations, it may be time to hire a family lawyer to file a Civil Contempt on these violations of the parenting plan. Often, attorney's fees can be reserved by the Judge, should it be determined by the Court that your former wife violated the agreement, thus causing you to bring the matter before the Court.... Read Answer

I am sorry to learn of your lawyer's health issues.  The lawyer or someone from his or her office, should request a continuance.  Most lawyers have backup plans, to account for this type of issue.  I suggest that you call the lawyer's office, and ask who is the designee to handle matters in his or her absence. In any event, you should show up in court on the day of trial and explain what is happening, if you are unable to speak with your lawyer or someone in his or her office.  Best of luck~ ... Read Answer

As long as you have written consent from your grand daughter and the child has resided in FL with you for at least 6 months, FL may have jurisdiction.  The matter for which you are seeking advice may also determine whether FL will take jurisdiction. There are several arguments to be made.  ... Read Answer

So, the court is required by law to favor the parents, but only until they are not. I know that sounds vague or strange, but my point is that at some point, the court may give up on the birthparents, and so custody could remain with a third-party, such as grandparents. That's the good news I guess, but the bad news is you will definitely need an attorney to convince the court that is the point that's been reached. Ultimately the court is supposed to go with a child's best interest, but the burden of proof will rest on whoever it is claiming that the birth parents are not currently fit.... Read Answer

Without additional facts, it is almost impossible to estimate the likelihood of the court allowing you to move.  The overriding consideration is "the best interests of the child."   You will have to file a motion to modify the custody order.  Although there isn't a single determinative factor, the court will look at whether dad has exercised all or most of his periods of possession, whether he is current on child support, the age of your child, do name just a few.   Of course, if you and Dad reach an agreement regarding lifting or changing the geographic restriction, then you could enter the agreed modification.  At a minimum, you will probably want to talk to an attorney in your county about your options.  It may be beneficial to talk to one who has experience with military issues.... Read Answer

If you're operating under an Order giving father supervised visits, you shouldn't stop those without getting permission from the Court. Is there another supervisor who can make sure the visits are safe but maybe without triggering his anger/abuse issues with you? You don't have to sit and just take verbal abuse, but you need to document it. If the verbal abuse includes specific threats, especially if there's a history of physical abuse, those threats could support an Order of Protection. In some counties OP's seem harder to get. ... Read Answer

I'm sorry for your loss. If the father never had his rights established, then mom had sole custody at her death and so her family would be, legally, the child's only family. Father's family could Petition the Court for rights, including more time or even possibly custody. I think along the way the families might reach an agreement, so long as everyone is thinking about the child's best interest.... Read Answer

It will require jumping through some legal hoops, but based upon the facts provided you should be able to obtain legal custody of him. Under Louisiana Children's Code Article 1101 et seq., to obtain legal custody of the child it will be necessary for both parents to voluntarily relinquish their parental rights to the child for the purpose of adoption. In addition to signing an act of surrender of the child, which will need to be filed and certified with the court, both parents must also go through a number of mandatory steps: 1) A minimum of two pre-surrender counseling sessions with a licensed counselor. This will be mandatory for the mother, but the father may waive the necessity of counseling. After completion the counselor will then sign an affidavit attesting to the completion of the counseling and that the parent(s) understand the nature and consequences of the surrender. 2) Both parents will need to have separate legal counseling at the signing of the act of surrender. This means that the attorney that represents you in the adoption cannot also provide them with legal counseling before their signing. The legal counseling provided to them will include the legal effect of the surrender, as well as the implications of perjury. Each of those attorney(s) will then execute an affidavit of counsel. 3) Complete a statement of family history which will be given to the adoptive parents at the time of placement and which will be made available to the adopted child at the age of 18 years or older. The process of completing a voluntary surrender for adoption is a complicated legal matter. I would strongly advice that you seek legal representation to ensure it is completed properly. I'd be more than happy to assist you in this matter if you see fit. I have represented many clients such as yourself under similar circumstances. Please feel free to reach out to my office if you would like to set up a free consultation.... Read Answer

Your question cannot be answered in this forum, without a full and complete review of all facts, including any and all agreements, court orders, etc.  In order to protect your rights, I suggest that you arrange a private consultation with an experienced family lawyer, in your area to discuss this matter in greater detail. If there is a court order and it is determined that the man who shares custody with you is not the father, this may create a legal justification for changing custody.  However, custody cases are fact-specific and will be based on the individual facts in your case. Most lawyers charge by the hour; therefore, you need to discuss the cost of an initial consult upfront to avoid any misunderstandings about fees.  Best of luck~... Read Answer

I am not sure what you mean by custody paperwork in Virginia. Are you saying that the two of you have a formal court order, which was entered by a Virginia Judge?  Or, are you saying you have an agreement that was signed in Virginia but is not part of a court order?  Your question cannot be answered in this forum because your intent is not clear.  The answer will vary depending on your response.  Lawyers.com offers general information and not legal advice.  I suggest that you confer with an experienced Virginia family lawyer in your area to discuss this matter in greater detail.  Please note that most lawyers charge an initial consultation fee.  Therefore, I suggest that you discuss the consultation fee upfront to avoid any misunderstandings.  Best of luck~... Read Answer

If you and your spouse live in the same house, it may be difficult to obtain custody.  Custody decisions are made using what is referred to as a best interest standard, which is found in Va Code 20-123.3.  If may be difficult to apply this standard, consistent with the child's best interest, if the two of you are living in the same house and no formal separation has occurred.  Lawyers.com offers general information and not legal advice. I suggest that you confer with an experienced family lawyer in your area to discuss this matter in greater detail.  Most lawyers charge an initial consultation fee.  Therefore, you should discuss this upfront to avoid any confusion about fees.  Best of luck~... Read Answer

You say you can't afford an attorney, yet your situation shows that you truly need one. Any opposition has to be filed 14 days before the hearing -- and depending on what you are requesting, service through his attorney may not be valid. You can object to the late filing and ask for an extension to respond. But you really should find a way to hire an attorney, particularly as you could be awarded your attorney fees if you requested them at the hearing.... Read Answer

The simple answer is that unless you are now married and your spouse wants to adopt the childlren, you will probably not be able to do this. This is Utah's policy in essence.   The best thing you can do is modify your custody orders severely limiting his contact with the children, essentially making it so that he cannot see the children.... Read Answer

This is a topic of discussion in the Nevada Bar, and was one of the topics discussed at the recent Advanced Family Law conference.  One of the judges presenting suggested using my analysis for when and how marijuana should be treated in the family courts--you can find that analysis here.  It is a little unclear from your question who is living where and what custodial provisions are in place; you should probably confer with a family law specialist as to whether a modification in the current custody orders is warranted.... Read Answer

Without a full knowledge of the facts, it is impossible to rationally predict outcomes, but the factors a court will look at include the behavior and characteristics (like excessive anger) of the parents, as explained here. Do not allow yourself to be threatened, or blackmailed.  Youi need to consult with a family law specialist.  If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read Answer