Child Custody Legal Questions

You file paperwork in the court in which you lost custody requesting a change of custody and/or visitation. Make sure that you have a current drug test. If you don't have the money to hire an attorney, then seek self-help from the Superior Court -- each has a self-help department.   Good luck!  ... Read More

Your question is not entirely clear, either as to what happened in which order or as to what you are asking.  If you are speaking of a contested case between you and the father for custody, pretty much anything can be raised, but a 20-year-old matter will be considered pretty remote; if yoiu are speaking of a possible criminal or abuse/neglect case, your best bet would be to confer with criminal defense counsel.... Read More

Divorce is hard on everyone involved. Assuming everything you say is true about the mom, unless there are drugs or alcohol or abuse involved, court's will do everything they can to keep the mother in the picture because that is usually deemed in the best interests of the child. At some point, if she is unable to peform at all as a parent, the court might entertain terminating her parental rights but, courts will only do so with very good reason. Having seen a lot of divorce matters over the years, you don't have to like her but, for the sake of the child, remember that they will do better if she does better. The child deserves it.     good luck!... Read More

I am not aware of any law against kissing babies.  Politicians used to kiss babies as they campaigned.  What makes you think there was any thing inappropriate about his kissing the baby?  How did that even come up in conversation?  Before COVID if you handed me a baby there would be a good chance that I might kiss the baby.  What am I missing?  ... Read More

Of course, you can take your children to another state for a visit.  However, I would suggest that you try to convince your husband that he should grant you permission.  That is probably good for your children.  Without knowing his reasoning, I cannot commit on his reasons.  Good luck!... Read More

Child Support can become very complex.  If you are living together and he is paying expenses, then he should not have to pay child support even at this time.  I would recommend you get married again, enjoy each other and your children together.  That's more important for your children.  You can enter into an agreement making all the agreements in your divorce void and unenforceable.  Just make sure that you can take care of California Child Support Services requirements if California Child Support Services is involved.  I wish you the best... Read More

First of all, you need to contest the petition in that he should not get "custody."  Secondly, he does probably have visitation rights.  You have not explained how the baby would not be safe.  The court can grant that visitation but only if there is a monitor (either personal monitor or hired monitor) who watches over the visitation if you can prove that he is dangerous to the baby.  There is not enough facts to give you a definite answer.... Read More

Is it a condition of the custody agreement or decree that your wife have a valid license?  If not, you must drop off your child as agreed/ordered.  You can certainly make clear to your ex that you would consider her driving with the kids while her license is suspended (I assume that is what you mean by "blocked") to be neglect and would take action to modify coustody if you find out that she has done so.... Read More

Thank you for your question.  I am unable to definitively answer your question without seeing a copy of your Judgment of Divorce or Marital Settlement Agreement.  However, as this expense was incurred due to your ex Husband traveling with your kids, it is unlikely that you would be responsible for any portion of those costs.  Best of luck to you.  ... Read More

It depends.  If there is a restraining order against the spouse, then no need to give new address and other measures need to be established for him to see his children, i.e., a monitored visit.  However, if he wants to take his children to a new place, then he needs to report the address of the "new place" for the safety of the children.... Read More

As the father, you have a right to NOT consent.  If she wants to go to another state, she can go (right to travel) but she cannot take the children without your consent.  You can file for divorce or legal separation and get an abduction order not permitting her to leave the state with the children.  Of course, you can dismiss the case later if you want.... Read More

You can file a Request for Order FL-300 and submit to the Court requesting that the co-parent pay for your drug test.  I don't know how the judge will rule, but you are not going to get a ruling unless you file a request.  You need to file your receipt with your request.  Also, you must request payment from your co-parent before filing the RFO with the court and then if he refuses, you file the Request for Order.  Good luck1... Read More

Whether you move to a different school district inside of New Jersey or you want to move to a different state, the  focus is on your child and how that move will impact his / her relationship with the other parent. If you are moving 10 minutes away, it probably is of no signficance to the other parent but if your move is going to be 1 1/2 hours away, that may create a very different response. My suggestion is that you tell your ex where you are planning to move to so that he is aware and see if he reacts / expresses concerns and if so, try to figure out a way to work with him on a change in the parenting schedule to move it eaasier. ... Read More

You are asking two questions:   First, even with your husband's name only on the mortgage, you have community property interests in the house.  If you file a petition for divorce, the court will decide who gets the house and child and spousal support and visitation with the children.  Sometimes families stay together for economic reasons, and he takes one bedroom and she takes the other.  You can separate and live in the same house.  Usually, however, that is not tolerable when another person comes between you, i.e., boy friend or girl friend.  Bottomline: it doesn't matter whose name is on the mortgage, it's probably community property and owned by both of you.  ... Read More

You ask the mother.  If she says, "yes" then you make arrangements for a certain day and times.  If mother says "no," then you must file a petition for paternity or divorce if you are married in the Los Angeles Superior Court.  That begins the process for the court to make decisions on custody and visitation with your children.... Read More

First of all, wait until he files a petition for paternity in court.  Then you contest the Petition by responding that he is not included on the birth certificate (if he is not included).  If he is included on the birth certificate, then he has to admit paternity.  The bottom line:  you don't have to agree to anything that he asks unless you want him to have visitation and then he has visitation on your terms.  Alternately, you file a petition for paternity.  In either case, you request child support!!... Read More

The question does not have a specific answr -- for example, the Nevada Supreme Court has said that no parent should have his or her rights terminated simply for being poor, and it is considered a good thing for a child to have a relationship with both parents.  That said, there are minimums for the safety and adequacy of accommodations for a child, especially one heading into puberty.  Can you ask for those restrictions?  Sure.  Whether it is reasonable, and what a judge is likely to do, would require a much more thorough review of the history and reality of the case -- you probably should have a full consultation with a family law specialist, going over the full hsitory and all court orders, before deciding on a course of action.... Read More

Thank you for your questions. Issues of custody can be complicated and fact sensitive so they have to be addressed on a case by case basis. You would benefit from scheduling a free consult, either by telephone or video conference, with an attorney to discuss the facts of your case and your options. ... Read More

Thank you for your question. I understand how concerned you must feel. More information is needed from you to be able to properly assess your inquiry, however, given what you encountered, should you believe that your child is immediate danger, you can contact Child Protection and Permanency (DCPP) and file an emergent application for custody with the court. I would strongly suggest that you contact a family law custody attorney to be able to guide you accordingly.  ... Read More