Child Custody Legal Questions

The procedural context is not really clear, but if there is no previous custody order this is an original custody proceeding; if there is such an order, this is a child custody modification matter, which can be done by stipulation and order if everyone is agreeable, and if not by contested motion.  You should review the Child Custody page of our website, here, which describes the grounds judges must use in such proccedings, and especially look at the caes dealing with "de facto" custody changes.  A consultation with a family law specialist before proceeding is highly advisable.... Read Answer

It is not clear to me if PA is the state the child currently lives in.  If so, PA law requires that the person seeking to remove the child from his home jurisdiction file a Petition to Relocate.  If another state is the current home state, you should speak to an attorney in that state.  However, you will also need to file an Emergency Petition for Temporary Custody as a grandparent has no rights to full custody without a court order. I trust this answers your questions, and if you live in the Delaware Valley, do not hesitate to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

 Im not sure what "discovery" papers you sent to your ex’s lawyer or why you sent discovery material to the lawyer but if it’s a custody matter, I am going to suggest that you are in over your head, and you are not helping yourself by attempting to represent yourself. I know that you are in over your head because you said that you sent him discovery materials and the summons required a response in 30 days. There is no summons associated with the submission of discovery material, so I am going to presume that you sent the lawyer your discovery responses required by court order for the exchange of discovery material, and he has not provided you with his discovery responses.  Presuming that my understanding of the current status of your matter is correct, then an order is in place setting deadlines for the exchange of discovery requests and the dates that each side is to send their discovery responses. If the other side failed to provide materials responsive to your discovery requests, then you need to send him a letter/email confirming his non-compliance and thereafter you need to file an application with the court for sanctions for your ex's non-compliance and you need to detail what you want the court to require ( turn over responsive answers to your interrogatory requests by XXX). You and your ex also need to have an order in place for the dates for the selection of custody experts and the dates for completion of their expert reports and dates for completion of any other discovery materials needed by either side. The information above is simply the 1st step in the process of addressing a legitimate custody dispute setting. A judge does not calendar your discovery deadlines or compliance - that is your responsibility. If the other side does not comply, then you need to file the application with the court seeking sanctions for noncompliance.   ... Read Answer

You DONT have a "joint custody" arrangement with your ex. You have a "joint legal custody" arrangement with you designated as the primary custodial parent. It may not seem like a big difference but legally, the difference should be huge. If you look at the wording of your agreement as to your custody plan, it will say say that you and he will maintain a joint legal custody plan with you designated as the primary custodial parent and then the language of your agreement should define the decision making on "major decisions" affecting your son's health, education and general welfare. Since you are the primary custodial parent, ithe language of your agreement should say that you and he shall "discuss" those type of issues and / or that he shall be "consulted" but presumably, the language of the agreement does not say that each of you shall have an equal say in the decision making process or that neither of you shall act unilaterally in the decision making or that in the event of a disagreement, you and he shall submit the issue to a mediator or to the court.   If the langauge of your agreement does say that you and he shall have equal say in the decision making process or that neither shall act unilaterally or that in the event of a disagreement on how to handle a major decision, you and he shall submit the issue to mediaton or to the court, then its a little more complicated and I would therefore send him an email or a text message laying out what you want to do and your reasoning for it. Spend time to lay out all of your reasons since you may need that email or text if you and he end up in court. That message is critical and needs to be addressed to him in complete thoughts so that if a judge is reading it, you make sense and your reasoning is logical.  If he does not respond, make sure to also print out that message so that if he later claims that he never got the message, you have proof that you sent it to him. ... Read Answer

Were your divorce papers filed? If they were, then those are the documents that control. If you made a subsequent agreement with your ex-husband saying your youngest child can stay with him and you both signed that agreement that is evidence that you made an agreement but it is not a court order because it has not been filed in the Court so it does not supercede the prior order. If your divorce documents were not filed and they are just an agreement between you and the father, then that is a different situation and the most recent agreement you made with him (the agreement for your child to live with him) controls the situation. It does not matter that the documents are signed by a lawyer - they do not need to be. The notary signature helps verify the signature, but it does not invalidate the document.... Read Answer

Sounds like your matter already has court  orders entered out of the Virginia court system. Presuming im correct, your claim for parenting time needs to be addressed to the Virginia court system, inlcuding your claims for visitation. Under the UCCJEA ( uniform law throughout the country), presuming one party still lives in Virginia and the order for custody / parenting time was originally entered by the court in Virginia, then Virginia continues to maintain jurisdiction over the case and all claims for changes, need to be filed with the Virginia court system. ... Read Answer

A US citizen Adult child can sponsor their foreign national parent for a green card, and then once the parent obtains their green card, then they could sponsor their spouse. Unless your mom married your stepfather before you reached the age of 18, then you cannot petition your stepfather directly. ... Read Answer

To accomplish the transfer of custody a "friendly" custody action can be filed outing the parties' agreement.  Court approval will be required.  Filing a custody action will likely require the services of an experienced family court attorney.  Consider consulting with an attorney in your area to discuss how this process can be facilitated and expedited.  You will need to place the child's father on notice of the action, obtain his consent, or seek the court to grant custody despite the father's objection or lack of participation after notice... Read Answer

You can file an action for paternity in the court that has jurisdiction in your state, and serve your ex-girlfriend, and the court will order all three of you to undergo a DNA test to determine whether you are the biological father. If you are the biological father then you can ask the court for the rights to visit your child, or ask for custody or joint custody depending on the facts of your case. I would retain a family law Attorney in your state to process your case from start to finish.... Read Answer

Yes and you need to file your opposition / response to the substance of your ex's affidavit / certification with the court and your ex's lawyer by the date set forth in the cross application or the relief being sought by your ex will be viewed by the court as unopposed and the court can grant the relief sought by your ex. You do not have the right to simply expect to walk into court on the return date and tell the court why you disagree with her cross application. If you want to represent yourself in a court matter, you are bound by the court rules and the deadlines for filing purposes. Your opposition to their cross application MUST be filed with the court and the other lawyer at least 8 days prior to the court date. If the court date is next Friday, then your opposition papers to their cross application ( a certification under oath as of you were testifying on the witness stand) must be submitted to the court and to the other lawyer NO LATER THAN this Thursday. If you fail to file your opposition papers timely, presume that the other lawyer will ask the court to view their application as unopposed and ask the court to grant them the relief sought. ... Read Answer

If the mother is blatantly violating a custody order, you should file an Emergency Petition for Special Relief.  The court can order that your daughter be returned immediately and that order will be enforceable through the sheriff or police, if necessary. I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

You need to be careful of any form of communications with your ex if there is a restraining order in place. I understand that you and she have a child together but any contact initated by you is a violation. My suggestion is that you and she agree that texting limited only to specific communications concering your child will not be a violation of the restraining order and then you and she need to get the restraining order amended to reflect that this type of communciation is permissible. Telling a judge at a later date that you and she had a verbal agreement - is not sufficient. It must be in wriing and agreed upon by both of you. Equally important, dont, dont, and dont curse or threaten her in any text message going forward because when a judge reads it, he will have no sympathy for you and will view that type of action as a violation and look to impose sanctions on you. ... Read Answer

This is a tough situation.  First, if your girlfriend has a legal custody agreement with the children's father, that agreement would likely spell out who obtains legal and physical custody if one of them passes away.     She can certainly appoint a guardian for her children in a legal document, so long as any custody agreement doesn't prevent this.  Her wishes could then be considered if she passed away and someone needed to petition the probate court to appoint a guardian.  There are many factors that go into making this determination.  ... Read Answer

Generally, grandparent rights only apply to visitation, which is the right to visit a child, only.  However, given the facts, it is possible that both the Court and OCY would agree the best interests of the child compel awarding you full custody.  You can certainly seek custody on your own, but I strongly advise retaining an attorney as it is an unusual situation.. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Youir question is not entirely clear.  If a court grants your relocation motion, you are free to leave with the children -- presumably with a new custody/visitation order in place.  The court will probably refer you to mediation if you do not have a plan for a new schedule.  As to what she could do, she could always ask for rehearing/reconsideration, if her contention was that she did not receive actual notice of the hearing, or conceivably appeal.  You should probably consult a family law specialist to go over further details.... Read Answer

Yes, both parents have rights regardless of the birth certificate.  Similarly, the custodial parent has the right to seek support from the non custodial parent. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Yes, you can state your custody preferences in your will but that is not binding on the court as they must proceed in the best interests of the child. I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.        Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

PA requires that a Petition be filed by any parent seeking to relocate to any significant distance from the other parent.  You should file a Petition for Special Relief on an emergency basis seeking an Order requiring that the child be returned to your jurisdiction and or give you custody. I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email on a free initial basis.      Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com  ... Read Answer

Your facts are not complete, but if you assert that there is no jurisdiction in Nevada, you oppose the motion and request dismissal.  It is impossible to give adequate instructions by email on how to properly format and submit papers, but if yu cannot or do not wish to hire an attorney, 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

It would be unwise to give specific advice without knowing the full procedural and substantive history, but the rules require either agreement or requesting relocation through the court before a relocation, which it appears you have done.  A good deal of information about this is posted on our Child Custody page, linked here.  Really, you need to consult with a family law specialist to go over your specific history and facts to have any reliable guidance about what to do and how to do it.... Read Answer