Child Custody Legal Questions

It is unlikely the attorney is making up the Rules, but it's almost certain he knows the Rules. The Tennessee Rules of Court book is several inches thick, and a new one comes out every year with changes. Plus, each Circuit has local rules, and within circuits, each judge may have their own chamber rules. The attorney knows all of those.   The people who operate this website say I am not really supposed to answer with "you need a lawyer," but it's a fact. Legal aid will help some folks, but only in some cases. Otherwise, lawyers get paid. If someone has quoted you $1500 as an initial retainer, that's a good quote to get started in a contested custody case. I understand in some circumstances fifteen hundred may as well be fifteen million, but if there's things you can sell, sell them. The reality is a good lawyer can and will devastate a person representing themselves.   It's not that the judge may not want to hear both sides, but just like you can't play basketball with a croquet mallet, there's super specific Rules of Evidence, Procecure, etc., and if you dont' follow each rule, even the best, strongest, evidence will not be considered. The Court simply may not consider evidence not properly introduced. Pro se individuals almost never manage to get their evidence into evidence, meaning it is not ever actually evidence. ... Read Answer

To take custody from biological parents, she would have to prove to a Court you and the father were not able to safely raise the child. As you can imagine, quite a lot of proof goes into a case like that. Your post suggests there is not any proof; if that is true, she would not succeed in an action to take the child. If you have a place to live, a job, and are drug free,, with no history of violence or criminal record, it seems unlikely she could win a case like that.   Now, to be fair, I suspect she must at least think she has proof of something, or she is just trying to scare you. Only you know what information could be out there. If she can prove that you and/or father are not in fact able to safely raise the child in a safe home, it is possible a third party could get temporary custody, until you fix whatever issues might exist.... Read Answer

 Dear Anonymous:    "Trouble" is a relative term.  Florida law requires that any pleadings filed with the court are also to be sent to opposing counsel or a party if the party is not represented.    Rather than concern yourself about trouble, just send a copy to the other attorney now. Most judges will be a little lenient with a pro se individual if you do not follow every rule.   SInce the lawyer already saw it  he will not be prejudiced that you send the papers now. Just make sure you send everything to the other attorney when you file papers in the future.  If you are efiling your documents, rather than mailing them, there is usually a box you can check when you file to ensure that the pleading is sent to the other lawyer.  However, the safest thing to do is to mail them as well.  Just indicate on the bottom of the pleading that you "certify" you have mailed the pleading to (name of attorney and address) and the date you are sending them. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com   ... Read Answer

I'm sorry your question is a little confusing. I think it says biological father has custody of your nieces, and he wants to move with them to Michigan. I don't know much about bio father, but if he is a fit and proper parent, he can probably live where he wants. Your sister, if she has parental rights left, could file an action to oppose the relocation, but under her current circumstances of not having custody, I don't know how far she would get. There's a lot of facts that go into relocation cases. As a relative, unless Father and Mother are both unfit, you would not have any grounds that I know of to file for custody. I know that's not what you're looking for but Father has the strongest rights in this scenario. Mother comes in second, but it sounds like her rights have been limited by the Court. You probably don't have much of any rights at all. I'm sorry.... Read Answer

You will need to file a Petition for Parenting Time, and tell the Court you are subject to an OP as to mother, but you want to see the kids. If the OP is also on the kids, that battle will be a lot tougher. If it's just on mother, you just have to have a parenting plan that guarantees you won't be able to contact or see mother in any way. You don't want seeing your kids to send you to jail on an OP violation. Having your mother speak with her may also be a 'third party contact' which violates your OP also. Be very careful. Now that the Court is involved, it will have to stay involved to the end. Serving a Petition for Parenting Time, through proper service, is not a violation, but any other contact probably is. At any court date, you'll need to let the officers know about the OP and sit as far from her as physically possible.... Read Answer

No honest lawyer can really say there's no way a judge would consider this fact or that fact, but I will say that the fact you've mentioned, by itself, for an otherwise good father, would probably not be a huge thing. If the child has some diagnosed learning deficiency, that might change things, but the state of TN requires kids to start school at 5. If dad doesn't want to start before 5, I don't think a Court will get too involved in that. If you separate, nothing would prevent you from getting tutoring during your parenting time.... Read Answer

I am surprised to learn your  divorce does not mention phone calls. Parenting Plans should all include the following language:   Under T.C.A. § 36-6-101 of Tennessee law, both parents are entitled to the following rights: (1)  The right to unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations. The parent exercising parenting time shall furnish the other parent with a telephone number where the child may be reached at the days and time specified in a parenting plan or other court order or, where days and times are not specified, at reasonable times; It is literally the first right listed in a long list of parental rights in TN.   If you are not allowing at least two unimpeded calls a week, then you are likely violating the other parent's rights, which is never a good look in Court. I would say that by itself, that is not grounds for him to get more parenting time, but if he can convince the court it is a part of an overall attitute on your part to minimize his involvement, that will be a strong factor in a modification case. Depending on your county, and many other factors, it may be the Court will lean towards increasing his time to a 50/50 schedule, or something with at least 120 days, if he does not have that already.  You h=ay very well have a good defense to his action, of course. ... Read Answer

You look around and check out aggressive attorneys. I am an aggressive and experienced family law attorney (35 years of family law).  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 for an appointment. But, do get moving quickly, as you have a hearing set in January. I need time to prepare to fight for your rigths. David R. Hartwig 801-486-1715... Read Answer

The short answer is "yes, it is possible."  Since the 2009 Rivero decision, which is explained and linked here, courts can independently allocate legal and physical custodial rights, and can even fine-tune legal custody to one parent in specific areas, such as helath care or education.  It is unusual, however, to see a parent "experiencing struggles" such that his or her decision-making capability is questioned, but not his or her ability to properly parent a child physically.  But, of course, every case is different.  It would almost certainly be best, before doing anything, to consult with a family law specialist.... Read Answer

In Texas the obligor (person paying child support) is responsible for the cost of health and dental insurance for the children.  If the modification is silent regarding terms, then the terms of the original order still apply.  Dad will need to provide health insurance per the terms of the original order.... Read Answer

You may contact law enforcement if the grandmother trespasses.  You should remove her from any list she may be on of suitable persons to pick up your son at day care or school.  I do not think you will be able to get a restraining order against her since she is not a party to your suit.  When my clients tell me they do not want someone contacting them, I tell the client to make the changes on his or her end.  Block her on your cell phone.  Don't respond to her texts or email.   Please be aware, however, that after her son is in prison for three months or more, Grandma may bring a suit for possession and access to her grandson. She has the burden to prove that denying her access to her grandson would signifcantly impair the child's physical health or emotional well-being.  The court may grant specific possession periods to grandma if she meets this burden.  ... Read Answer

Thank you for your question. There are two kinds of custody in New Jersey, legal and physical. The presumption is always that you would share joint legal custody which is the right to make major life decisions about health, education and welfare. Physical custody is more subjective but it sounds like you have worked out a wonderful schedule that works for your family until this point. A person cannot relocate out of state with a child without a court order or consent of the other party. The issue that you will need to address is the best interests of the child. If you have already filed something with the Court, you may want to consider asking to have this heard in an expedited manner if the child’s mother is planning on moving quickly. We offer free consults and can discuss the options of filing an emergent application so that a court can prevent her from leaving the state with your son. ... Read Answer

If the Court of Appeals has made a ruling in your case, unless the Supreme Court has agreed to hear it, that case will be dealt with the way the Court of Appeals says. Before you can go back to court and try to do anything, you will have to show a material change in circumstances from when the original order was entered. Any evidence already presented in prior hearing(s) will not be admissible, since it was already considered and ruled upon. ... Read Answer

The below is the Tennessee custody law, edited a bit for clarity. It lists everything a Court has to consider. Not sure what 'get custody' means. If you mean you want to go away from the equal time, and be the primary or even sole legal custodian, you will have to prove that is in the child's best interest using the factors below. If she wants to go away from the equal time, she will have to prove the same on the other side. If you have equal time, but you earn more than her, probably you will still pay child support. Not wanting to pay child support is (obviously) not going to be a reason you can give the court why you should have more custody than mother, just like wanting to get more child support would not be a good reason.       https://codes.findlaw.com/tn/title-36-domestic-relations/tn-code-sect-36-6-106.html... Read Answer

The first thing you need to do is file for divorce. Fleeing the state now with your son will only complicate matters for you and cause you problems. Utah has the power to determine custody, not whatever state you may move to. You are in a real mess. 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.   You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for your children, and your rights with those children? You should be able to get in with attorneys today, I know that I have some openings. So, check around. 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 child. 

David R. Hartwig

 801-486-1715... Read Answer

Thank you for your question. Just because you move does not change the county that you would file an application if there has been a preexisting docket number. If there has already been a case, you would need to continue to file in that county. You can file a motion in the original county that the case was in for a change of venue, but that will be decided after all other issues in your application have been resolved. I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney as soon as possible, so that you can understand the implications for you. ... Read Answer

If your husband is served with a subpoena and does not want to submit to the DNA test, he will have to go to the Court and seek an Order relieving him from the subpoena. He cannot ignore it. If the other lady's ex is not the father, and your husband possibly could be, I expect a Court would Order the test. Your circumstances are terrible, but the law will hold a biological father responsible for his child, no matter who the parents may or may not be married to. The tips from lawyers.com tell us we are not supposed to say things like "you should speak with an attorney." Well, sorry, but your husband needs to speak with an attorney yesterday. ... Read Answer

Unfortunately, if your sister's parental rights were terminated, she has no legal connection with that child anymore. The law would call any relatives of the adoptive parents the child's relatives, and they would go before anyone else. Your sister or you would be legal strangers. If the child is in state custody, it may be that your family could try to get a placement, basically be a foster home. That would require the assistance of someone who spends every day doing cases like that, which I do not. In most counties, there is a core group of attorneys who handle cases like your niece, and your family will need one.... Read Answer

When a parent tries to turn a child against the other parent, this is known as parental alienation.  These cases are very difficult to prove because the offending parent is usually very careful to conceal his or her actions.  If you cannot prove that the child(ren) is acting consistent with the father's directive,  you do not have the evidence that is necessary to tell your story.  Further, if the child is very young, it may be difficult, if not impossible, to know what is happening in the other parent's home.  These types of cases are time-consuming and will require a great deal of effort to prove the actions of the other parent.  Legal Services of Northern Virginia may be willing to assist you but there are limits on the number of contested cases they are able to accept, per year, given their budgetary constraints. Frequently, large law firms have pro bono departments, which set aside a certain number of hours each year to help out in matters of this sort.  However, you have to start looking for firms with pro bono departments, to see if you can find the right law firm.  It may be a good idea to start calling around to see if you can find larger firms that are willing to perform pro bono services.  If you don't provide this type of service, you may find someone within the firm who is able to make a referral.  You need to set aside some time to start calling lawyers to see if you can find someone to help you, ASAP.  It may take several weeks to find someone but it is worth the effort.  Unfortunately, small law firms are not equipped to take on cases that will take a lot of time. All firms bill by the hour and if a small firm is engaged in work that does not generate income,  this will make it difficult, if not impossible for a smaller firm to meet its financial obligations., i.e., rent, utilities, staff, etc.  Sometimes, smaller firms will reduce their hourly rate or place you on a payment plan.  However, if the case is too messy and will linger for a long period of time, this may not be possible.  If you are unable to secure representation, maybe, it will be a good ieal to get a therapist involved or ask the court to appoint a Guardian ad Litem to represent the children.   Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice. In order to properly advise you, you need to share all relevant facts in your case, including all court orders and pleadings, with an attorney to see if you can find someone who is willing to assist you.  Best of luck~... Read Answer

I suggest you try to get the order modified so that the father is not allowed unsupervised possession.  Most parents are named joint managing conservators, but the father's  disability may be a reason why he should not be granted the rights to make important decisions regarding your daughter.  It sounds like even his parents could be a witness to the father's inability to care for your daughter. You need to deal with both the conservatorship (custody) and the possession order. ... Read Answer

The answer to your question is to file a motion in the guardianship case to terminate the guardianship since you are ready to resume your role as a parent to your child.  But these cases are extremely fact specific, and it would be inappropriate to try to be any more precise by email -- you need a full consultation with a qualified family law specialist well-versed in guardianship law.  In the meantime, you can review information on the subject here.  Considder, if money is at issue, going to one of the free brief consultations available in both Clark Couinty and Washoe County thorough legal aid.... Read Answer

There is a provision in Chapter 152.204 of the Texas Family Code entitled "Temporary Emergency Jurisdiction."  Your pleading would be a Petition for the Court to take Emergency Jurisdiction. You must allege that the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse if returned to Minnesota.  You will need to have the father served with the filed petition and set a hearing in the Texas court.  You also need to complete and file a UCCJEA affidavit, which is referenced in Section 152.209 of the Texas Family Code.  That affidavit lists where and with whom the children have lived in the past five years. Overall though, getting the Texas court to take 'permanent" jurisdiction is likely to be decided by the Minnesota court because the father still resides in Minnesota.  This should give you a start.  I have no idea if there are "forms" available for this area of the law.  There are not forms for every type of suit. ... Read Answer

The mother is in violation of the court order if she does not turn over the daughter at the time and place stated in the order at the beginning of any of your husband's possession periods stated in their court order.  He should continue to try to get his daughtet on the day, at the time and at the place stated in the order. He should also keep a record and provide proof he was at the right place on the right day at the right time.  If the mother persists in failing to provide the child, then your husband may file a suit to enforce the possession terms that she has violated.  Their court order may provide that he must notify the mother if he begins to reside with a person who has a certain criminal history or protective order, but a violation of that provision should not normally be a block to the parent exercising possession.  In the event your criminal record involves something serious and relatively recent, your husband may have to fight for his possession periods in a modification suit.  Perhaps if you and your husband arrange  to meet the mother without the daughter present, you will be able to put the mother's mind at ease about you being around her daughter. ... Read Answer

Dear Ms. Hix:      There is no specific law that prohibits a father/daughter from sleeping in the same room.  However, that said, most judges I have appeared before would definitely consider this in  crafting any time sharing agreement regarding your daughter.  Certainly, if your husband continues to have a one bedroom apartment, as your daughter grows it does become inappropriate for a father/ daughter to share the same room.           Florida Statute 61.13 (3) and in particular subparts (s) and (t) are the provisions that most closely address factors that the Court must consider in awarding timesharing under the circumstances you describe .  Often a court will decide that a child needs his/her own bedroom, or that a parent sleep on a couch when the child is there, but a court will not ban timesharing just because a parent cannot afford or does not have a larger home.  It could, however, affect how much time a court orders for a child to  spend with a parent.     I hope this helps.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-96-2785 info@vovalaw.com            ... Read Answer