Child Custody Legal Questions

Unfortunately, your question cannot be answered in this forum because it is not clear from the facts in your question what is meant by, "signed over his rights physical and legal."   Are you suggesting that you have sole custody? Or, are you implying that the father's residual parental rights have been terminated?  If you have a court order granting you sole custody, this type of custodial arrangement is subject to review and modification,  based on a material change in circumstances that is in the child's best interest.  Moreover, if the father is paying support, this tends to support the conclusion that you have sole custody, instead of the father's rights having been terminated, which is not subject to review.  Lawyers.com offers general information and not legal advice.  Legal advice is based upon a careful review of the facts in your case, as applied to the law in your jurisdiction.  To obtain legal advice, you must provide a complete review of your file, including all court order(s), and provide a detailed overall of facts, surrounding the father's request for modification.  It is recommended that you consult with an experienced family lawyer in your area to discuss your case in greater detail, so you can make an informed decision regarding your rights and the best interest of your child.  Best of luck~... Read Answer

If you want to prevent Mom from taking your daughter to live in Seattle either temporarily or permanently, check your order for a restriction that states the mother may not move your daughter out of the State. That provision will be enforced if you take the Mother to court to enforce it with a Petition to Enforce the geographic restriction.   You could also file a Petition to Modify the court orders and request primary custody of your daughter.   If there is no restriction in the court order and you do not want to request custody, then your recourse will be to wait until after the mother has failed to turn over daughter at the time and place the order states you are supposed to be able to get your daughter at the beginning of your possession periods.  This is a highly technical type of suit for which most people need an attorney's help. My concern is that this is a time when both Mother and daughter need you to be flexible and understanding.  You are not, of course, required to do that.  If you do not think it is in your daughter's best interest to be the caregiver for her mother in this situation, or for your daughter to be taken out of her school, then you may have grounds for a custody change.  Maybe you would want to compromise and offer to take care of your daughter here but to pay for her to fly up to see her mom a couple times.  On the other hand, maybe you could consider visting your daughter in Seattle while she is there with her mother.  While you may miss some of your visits, you will still have an opportunity to spend time with your daughter, and both she and her mother will likely appreciate the efforts and expense you go to in order to accomodate mom's serious illness.... Read Answer

If you bring a suit in the county where you and the children have been living prior to the move, and request that the mother be ordered to return the children to Texas, the court is likely to order that the children be returned.  You may want to request primary custody of the children.  It is a policy of the State of Texas that both parens should be involved in raising the children.  In the State's view, raising a child who lives in another part of the country or State is not as good as the situation where the parents and the children all reside in the same county or set of counties.  Do not delay in bringing suit, or you may lose some rights as the mother and children establish residence in the other state. ... Read Answer

Your husband could file divorce in the county where he resides and request that the court order that you return to your former county of residence.  I have seen this happen even after the mother has established housing, schooling and a job in the new community.  The State of Texas has a policy that both parents should have an opportunity to care for the children and be in the children's lives so long as they do not neglect or hurt the children.  If your husband brings such a suit, you could present the information about his failure to support you.  You should ask the court to order that your husband pay child support, temporary spousal support and help defray your rent.  Of course if your husband has no job or funds then that won't help.  Husband's inability to support you back in the home county will make the court heed your argument that you moved in order to provide a better situation for the children and a better job for yourself. ... Read Answer

As a blood relative of the children, you likely have the right to bring a suit (standing) for custody of the children. You need to file it in the court that made the current orders, if any.  If the Mom has cleaned up and is now taking good care of the children, then you do not have a good chance of getting the kids.  If on the other hand Mom is doing drugs, you have a better chance of getting the kids. You will need to allege and then prove that the children's present circumstances necessitate a court order changing custody because the present circumstances would significantly impair the child's physical health or emotional development.  You should bring the suit as soon as possible.  Standing for blood relatives is given in Texas Family Code Section 102.004.... Read Answer

Please be informed that Lawyers.com offers general information and not legal advice.  Legal advice is based upon a complete review of the relevant facts in a particular case, including but not limited to the pleadings, and agreements reached by the parties, and the final disposition of the applicable court.  Your questions is very fact-specific and will require legal advice for a number of reasons.  Based on the information you have provided, it appears that a court order is already in place.  Was the court order entered by agreement of the parties? Or, was it the result of action taken by Child Protective Services or some other state agency?  If the latter, what were the circumstances leading to entry of the current court order?  Were the parents involved in the legal proceedings, if so were there any agreements?  Were the parents represented by counsel?  If the father was incarcerated at the time of the prior proceedings, did the court appoint a Guardian ad litem to represent his interest?   Who " want (sic) to take parental rights, as referenced in your inquiry?" If there is a termination of parental rights proceeding, was it initiated by the state or the grandparents?  If the grandparents are seeking to terminate the father's parental rights why are they seeking termination?  Is the goal one of adoption? If so, are they prepared to engage counsel to pursue a contested adoption? For that reason, it is not possible to answer your question in this forum and it is suggested that you confer with an experienced family lawyer in your area to discuss this matter in greater detail.  Best of luck~... Read Answer

Steve, I don't really see a question here. Are you looking to modify custody orders based on the arrest? 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... Read Answer

Lawyers.com offers general information and not legal advice.  Legal advice is based on the facts in a particular case as applied to the law in the jurisdiction where the parties reside.  If they live in Georgia, issues relating to paternity, custody, and visitation will, no doubt,  be governed by the laws. Therefore, your question cannot be answered in this forum, using Virginia law.  It is recommended that your daughter and her family confer with an attorney in GA to discuss their situation in greater detail.  Best of luck~... Read Answer

Thank you for your question. I am sorry that you have been dealing with this situation on your own. Unfortunately, there is no automatic revocation of a parent’s legal rights.  To petition for a parent’s right to be terminated you have to go to a trial to establish how  will the revocation of the mother’s rights would be in the best interest of the child. It would be your burden to establish and it’s a high burden to meet because parental rights are protected in the statute and supported by case law.  Please speak to an attorney if you have more specific questions but to answer the question it is extremely difficult to terminate parental rights unless there is a title 9 proceeding or a voluntary relinquishment of right for adoption purposes. ... Read Answer

Lawyers.com offers general information and not legal advice.  Legal advice is when a client seeks specific answers to fact-specific questions. In Virginia, decisions relating to custody and visitation are governed by Virginia Code Section 20-124.3, which lays out the factors a judge must consider when making a decision governing these matters.  If parties are in agreement regarding issues of custody and visitation, as an option, they can go to the Juvenile and Domestic Relations General District Court in their area and tell the intake clerk there is an agreement follow the process provided by the court.  If there is an agreement, you should be able to move forward with little or no difficulty. Perhaps, you and your husband should discuss the issue first to see if there is an agreement.  If so, go to your local J&D Court to see what is the easiest way to move forward.  If you need to meet with a lawyer, I suggest that you confer with an experienced family lawyer in your area in order to protect your interest and move forward.  Most lawyers charge by the hour for an initial consultation.  Therefore, you should discuss the lawyer's hourly rate in advance so there are no misunderstandings regarding fees.   Best of luck~... Read Answer

The story and history are much too convoluted to be adequately responded to in an email.  As to the videos, try a letter to the lawyer requesting them (fiture note -- never send your only copy of anything to anyone); if that fails, consider calling/writing the State bar of Nevada, as your file belongs to you and you have the right to its contents.  Going forard, 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

Lawyers.com offers general information and not legal advice.  You are requesting legal advice, which cannot be provided in this forum.  When it comes to custody cases, courts make a decision based upon the best interest of the child, as set forth in Virginia Code Section 20-124.3.  Although you may desire sole custody, it is up to the court to decide if sole custody is in the child's best interest. Finally, it is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater details. Most lawyers charge by the hour, so it is important that you discuss the consultation fee in advance of scheduling a meeting to avoid any confusion.  Best of luck~... Read Answer

Thank you for your question. I understand how worried you must be about ensuring that your mother understands and is able to communicate in connection with her legal questions. We would need to work closely with your mother to obtain an interpreter when vital and needed. We can also do a large part of the communications with her in writing. ... Read Answer

You need to consult with an attorney without delay.  Interstate custody disputes are governed by the Uniform Child Custody Jurisdiction Enforcement Act  (UCCJEA).   You need to determine the chilid's home state and if Wisconsin has jurisdiction to determine your custody matter.... Read Answer

As a preliminary matter, it is important to note that there are legal distinctions difference between custody, guardianship, and adoption. Each of the aforementioned terms has different legal standards that must be followed before a court makes a decision.  When your husband uses the term guardianship, what is his intent? Is it his goal to give "legal custody" to a step-parent?  If so, does the stepparent have a relationship with the child? If he has not remarried, is this statement made in the abstract and there is no new wife? When it comes to matters of custody, the court's primary concern in the best interest of the child, as defined in Virginia Code Section 20-124.3 What is best for a child will be governed by the facts in a particular case as applied to the applicable law. In the same question, you appear to be asking about an adoption? It is not clear to me what you are asking.   If you are the biological parent of the child(ren) in question, and your rights have not been terminated by a court of competent jurisdiction, you have a right in the care and custody of your children.  If you are fearful that your husband will try to permanently divest you of the care and custody of your child, perhaps, you need to consult with an experienced family lawyer in your area to discuss the legal implication of any decision you are considering, as it relates to your legal rights.  Unfortunately, your question as presented cannot be answered in this forum.  Lawyers.com offers general information and not legal advice. In order to obtain legal advice, you need to meet with an experienced family lawyer in your area to discuss this matter in greater details.  Most lawyers charge for an initial consultation, which is often based on a lawyers hourly rate.  I suggest that you discuss these practical matters before making an appointment to avoid any misunderstandings or confusion. Best of luck~... Read Answer

Thank you for your question. The short answer is no, you do not need to support your ex-girlfriend while she is pregnant. Just because you are going to have a child with her, does not mean you need to be in a relationship with her. On the other hand, I would not totally ignore or avoid her. It would be best to have limited contact with her, especially as it gets closer to her due date so that you can be involved in the child’s birth. I would highly suggest that you meet with an experienced family law attorney who would be able to provide advice on your rights as it pertains to custody, parenting time and child support so that you can be prepared once your child is born.... Read Answer

  Lawyers are supposed to obtain a written fee agreement before undetaking representation so that misunderstandings do not occur.  The Florida Bar suggest this, but it is not mandatory.   The Bar does provide an arbitration panel to resolve disputes, but I think it would be better if you ask to have a sit-down frank discussion with the attorney before doing anything further.   What clients often do not understand is that it is difficult, if not impossible, to predict what a timesharing(custody) case or any family law case will ultimately cost as there is no way to know what the other side will do and the extent of the time that your counsel will have to devote to the case.  Clients should have this explained to them from the inception of the case.  Perhaps your attorney said it would cost a certain amount if the case settled at a certain point and it has not?    Again, the best thing to do is sit down with the attorney and have everything explained.  And if you do proceed, make sure you get a writeen agreement and bills each month!   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 954-316-3496/561-962-2785 Broward/Boca Raton info@vovalaw.com     Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca 954-316-3496/561-962-2785  ... Read Answer

Dear Anonymous:     Raising a child is an expensive venture and you should not have to go it alone.  So, if you decide to pursue collecting child support (which also requires establishing paternity) the biological father can try to establish time sharing with your daughter.  That does not mean he would get timesharing right away.  The Court must always consider the best interest of the child.    With that said, if you pursue child support through the FLorida Department of Revenue first, you will not have to pay for legal services.  Second, although for the past approximately 18 months, a child support cace through the Department of Revenue can address child timesharing (before that was not possible), the Court in a DOR case may only do so if both parties agree on a timesharing schedule.  If the father decides to pursue timesharing because an agreement could not be reached in the DOR case, he would have to file a separate law suit to do so in circuit court.  He could, but he doesn't sound  like he would make the effrort.  Only time will tell.   On a final note, you can receive retroactive child support for up to 24 months.  Therefore, if your child is just 2 years old, you should be able to get back support for the majority of time since her birth if you pursue this soon.   Best of luck to you, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

Lawyers.com offers general information and not legal advice.  Legal advice is based on the law in your state, as applied to the specific facts in your case.  While I am in a position to offer some general information, it is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  As a general rule, when dealing with issues involving the primary residence and one's legal ability to make decisions regarding a minor child, we generally address these matters in the context of custody determinations vs a guardianship.   There are different types of custody decisions.  For example, joint legal custody is where the biological parent retains the ability to nake joint decisions with the new custodial parent.  This statement assumes that the biological parent has agreed to share joint legal custody with another person.  Sole custody is where only one person has the right to make legal decisions concerning the child's health, education, and well being.  Also, the law requires that the father has notice of any decision and is given an opportunity to be heard in the matter.  If you want the action of the parties to be legally binding, you have to decide if it is in the best interest of the child for the parties to reach a custody agreement, which is later presented to the court for entry into the court.  Again, this is an oversimplification of what can become a very complex process.   In order to properly protect your interest,  more information is needed.  Accordingly, your question cannot be answered in this forum.  Please invest the time and money necessary to meet with an experienced lawyer in your area to address this matter in greater detail.  Best of luck~ ... Read Answer

If the father consents in writing to your plan you may allow your sister to care for your child. Dad is superior in the right to spend time with his child over your sister. Texas has a procedure and form to do what you want to do, but both parents must be on board. The law also requires you to obtain the consent of the court that issued the order of custody. In addition you may risk custody if you allow your daughter to live with anyone other than you for six or more months. ... Read Answer

i The court will look at the facts about where your daughter has spent her time. If Dad offers proof that she has spent more time with him, he will use that to support his custody argument. I’m sure Dad considers that his child’s home is with him as well as with you. I strongly suggest you consult and hire an attorney if you do not want to lose primary. ... Read Answer

Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which is fact specific.  Your question cannot be answered in the forum, without a review of your court orders, and all agreements between you and your spouse.  You must follow a valid court order until it is changed by the court. If you are trying to modify the terms of a current court order, it is recommended that you confer with an experienced family lawyer in your area to discuss the particulars of relocation, consistent with your current order.  Time is of the essence, therefore, you should make an appointment right away to resolve this matter.  Best of luck~  ... Read Answer

Either or both parents may have custody. If you point out to the court that father uses drugs and request a drug test - usually at your expense— the father won’t be given conservatorship or a possession schedule if his hair or nails are positive for illegal drugs. Your lack of a job should only be temporary. So long as you provide a good safe home and care for your child, joblessness is not fatal to a custody case. ... Read Answer