Child Custody Legal Questions

 The defendant can file a Motion to Vacate Order Of Default asking the Court to vacate the order of default within 30 days after its entry. The motion shall state the reasons for the failure to plead and the legal and factual basis for the defense to the claim. If he does file Motion to Vacate and the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse the failure to plead, the court shall vacate the order. If a motion was not filed or was filed and denied, the court may enter a judgment by default that includes a determination as to custody and all relief sought.... Read Answer

It is unclear from your question whether the planned trip is, or is not, within the guidelines set out in your parenting plan/decree.  Also unknown is whether there are any restrictions in those documents against the kind of trip in question.  Normally, vacations and holidays supersed the normal custodial schedule.  Assuming that it is within the guidelines and not prohibited, then yes, the other parent has the right to make the trip.  That said, if you have some actual concern as to some realistic danger of harm (and something more than an amorphous "too young" would probably be required), then you can always try to negotiate the matter and, if unsuccessful, file a motion to have your concerns heard by the court.  The relevant statutes and guidelines for modifying orders relating to child custody are posted here.... Read Answer

   I can understand your concerns.  His past record may have some influence on the court- especially the drugs part.  Although you do not have direct proof, the court could appoint a guardian ad litem to interview your child and report to the court.  In certain instances, where the safety of a child is involved, a court may let a child testify, but you need special permission from the court through motions.  If the judge does let your child testify, it would usually be with a guardian present, and without either parent present so the child  does not feel she is tattling on one of her parents.    You can ask the court to have the father take random alcohol tests while he is with the child.  There are several devices on the market that allow immediate testing through the internet.  One is called Soberlink, which you can Google to find out more about it.     There are also other devices that won't let one start a car until they blow into it and the test is clear of alcohol.      This does get a little tricky to navigate without an attorney, but if you want to try, you would have to file a Petition to Modify Timesharing and state clearly what has changed (the child's safety) that would warrant a change in timesharing.  However, in the interim, you could file an Emergency Motion to Suspend Timesharing, and allege exactly what you conveyed in your inquiry.       I hope this helps.      Best of luck,      Cindy S. Vova       Law Offices of Cindy S. Vova, P.A.        Broward/Boca Raton        954-316-3496/561-962-2785     ... Read Answer

Dear Anonymous:    You  sound like a saint with what you have done.  However,  at present you do not have any legal rights to the child.  You should contact Child Protective Services in the County where you live, because they would have to recommend a dependency action be filed where, hopefully, you would be appointed as a foster parent of the child.   If the dad is as bad as you describe then eventually his parental rights may be terminated.  However, in the interim, you would have legal rights to have the child live with you and would probably receive some support from the state.  However, if you are not a foster parent now, it may require that you take some classes and go through various background checks.  The process is lengthly, but at least you would be on the right track to  legally have the child with you.   Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer