Child Custody Legal Questions

As a general rule, the matter of legal custody is decided by an order of the court.  If neither party has filed a petition seeking a custody determination, neither parent has legal custody.  However, legal custody is to be distinguished from physical custody, which generally connotes the child's primary residence.  Based on the facts as presented in this forum, it appears that the mother has physical custody of the child, who appears to live with her. If the court has not intervened in his matter the parents do not share joint legal custody.  Lawyers.com offers general information and not legal advice.  Legal advice is based on the specific facts in your case, as applied to the applicable law.  If you require additional information concerning paternity, the impact paternity has on custody, etc., you need to confer with an experienced family lawyer in your area.  Detailed questions cannot be answered in this forum, because more information is needed.  Finally, most lawyers charge by the hour for consultations.  Therefore, you need to discuss the cost of a consultation before scheduling an appointment to avoid any confusion about fees.  Best of luck~... Read More

As a general rule, DNA is used by the courts to establish paternity.  Once paternity has been established, it may give rise to certain legal rights, including custody and visitation.  However, the mere establishment of paternity alone is not sufficient to grant automatic visitation.  A court will examine the facts of the case and make a decision, which it views as being in the child's best interest. Lawyers.com offers general information and not legal advice.  Legal advice is based upon the law as applied to the facts of your particular case.  Since it is not possible to know all of the details in your case, without obtaining further information, it is not possible to answer your question in this forum. The court is concerned with the best interest of the child and cannot make a best interest determination without a review of the statutory factors set forth in Virginia Code Section 20-123. It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater detail.  Lawyers charge by the hour.  Therefore you should discuss fees before setting up an initial appointment to avoid any misunderstandings regarding the cost of the initial consultation.  Best of luck~... Read More

The quickest and easiest method under Louisiana law, though also the easiest to undo, is to have your mother sign a temporary guardianship of your sister over to you. Mind you, this may not be valid or enforceable under California or Oregon law.  A temporary guardianship can simply be a written statement signed by your mother stating that she is granting you temporary custody of your sister. Though a temporary guardianship is revocable at will, so if your mother changed her mind then any rights to guardianship that you would hold would be immediately revoked. The other issue to contend with is that you would need to get your sister back to Louisiana after getting that temporary guardianship signed over to you. Once she is in the jurisdiction of a Louisiana Court, and you have reason to believe that an imminent harm to your sister exists, you can petition the court for emergency custody based on that reasonable fear. The court would then set a hearing date to determine whether or not a permanent custody arrangement needs to be made. If you have any questions regarding this issue, please feel free to contact my office at 337-237-0492 so that we can discuss how to resolve your concerns.  ... Read More

As to the first question of parenting rights: An unmarried father has no parenting rights outside of a custody order. You are not required to let him see the children until he gets that order.   As to the adoption, it is possible to obtain a step-parent adoption without the father's consent (and this mostly happens when they do not contest the proceeding) but if they do contest the proceeding then it is extremely difficult to have the children adopted by another person. Even gross neglect and cruelty can be insufficient.... Read More

If you don't have custody, then there isn't a lot you can do. You will need to appear. Some courts are allowing video conferences now for child support hearings so look into that. If you have custody, you should transfer the child support order to your new county so that you don't have to go out of state every time.... Read More

It is possible, but unlikely, that a restraining order will be put on him. He would need to establish that your new boyfriend poses some kind of threat to your children. A past manslaughter conviction can be good evidence of that, but without further evidence it is unlikely that a court would grant the TRO.... Read More

A biological parent can only sign over their parental rights if they consent to the adoption of the minor child by another party. As of right now, he has no parental rights because he is not the putative father. He would need to either have an affidavit of paternity executed or otherwise seek genetic testing in order to get any kind of parenting time.... Read More

Unfortunately, this is a tough issue.  It sounds like your mom, though doing better, has made some mistakes. If you feel like your dad is abusing you or treating you inapproriately, you need to talk to your school counselor and let them know how you are feeling.  They may have some of the answers you need.... Read More

  If you have a parenting plan in place, and paternity has been established, the mother cannot move to Tampa, which is more than 50 miles from wehre she is now living, unless you agree, and a document setting foth all of the factors in Section 61.13001 (2), Fla. Stat is signed by both parents and then ratified by court order.   If you do not agree to her moving,   then Mom has to file a Supplemental Petition to relocate under the same statute. Ultimately a judge will decide if she can move and if so, what alternate time sharing you are entitled to with your child.   She cannot simply go.  However, if she does, unless you want to waive your rights, you will have to file for a pick up order with the Court to have the child returned to Miami. Hopefully the two of you can work this out.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. 954-316-3495/561-962-2785  ... Read More

Im sure that this is a very stressful and potentially overwhelming setting for you. At the end of the day though, if this issue is presented to a court, the judge handling the matter is required to focus on what is best for the child. What is best for the child though is not a simple inquiry when he is a baby. The issue will involve his breast-feeding schedule, how long he will be breast feeding, his sleep schedule, etc.  My suggestion is that you talk with your ex about meeting with a mediator or an arbitrator to address this issue. A mediator listens and makes recommendations to both of you on the issues outstanding. If either of you disagree with the recommendations, then either of you are free to file an application with the court thereafter for the court to rule on it. Conversely, an arbitrator is akin to a judge, where he listens and reviews all of the materials similar to a judge and rules and his ruling has the same type of finality as of a judge had rendered a decision. Alternatively, either of you can file an application with the court (once the baby is born) asking the court for a ruling on the parenting time schedule. Presume, that a judge will require both of you to submit your issues to mediation to try and resolve the issue and if not resolved in mediation, then the court will rule on it. The best advice at this point would be to suggest to your ex that instead of the 2 of you fighting over what parenting time plan is best for the child, agree to meet with a lawyer who is an accredited family law mediator to discuss the issues and see if the 2 of you can find a path forward that is reasonable and one that each of you are comfortable with.  If you and your ex would like to meet with one of the partners in Diamond & Diamond to act as a mediator, please contact Angela 973-379-9292 to schedule a joint meeting. ... Read More

Has anyone ever filed a non-TPO custody case anywhwere?  If so, that place has "Continuing Exclusive Jurisdiction" to modify custody orders so long as a child or parent lives there.  If not, then clocks are running, and you do not indicate how long anyone has been anywhere.  First, review the article titled "The Basics of Family Law Jurisdiction" posted here, and then call to go over the timing of who lives where, and has for how long, to determine whether you have to file a case in Nevada, or California, or both.... Read More

Hello Ralph, You are free to go live with your father if it is your intent to do so and your father wishes to take you in. Under Louisiana Civil Code article 29, once you attain the age of 18 you have reached what is called the "age of majority" and are considered an adult. As an adult, your parents' legal right of control over you is lost and you are able to make choices on your own behalf without the necessity of their approval. So, if you would rather live with your father, that decision is yours alone and your mother has no legal right to stop you. As it appears from your description of the situation that you may be the victim of domestic violence, please do take care in informing your mother and her boyfriend of your intention to leave. I do not want there to be an altercation and you to be harmed. If you are in need of a protective order, please do not hesitate to give my office a call at (337)237-0492 and I'll be happy to help. Sincerely, Chase A. Manuel... Read More

Thank you for your question. Based on your question it appears that there is some disagreement over the custody and parenting time of a child. Furthermore, it does not appear that there is any agreement or Court Order addressing the topic. It would be best to see if an agreement can be reached as it relates to custody and parenting time. In the event the parties cannot agree on a custody arrangement, the Court will likely need to conduct a trial to determine custody. Custody is based on a number of factors that take into consideration what is in the child’s best interest. Based on your circumstances, it may be best to best to contact an experienced family law attorney to address your specific concerns.... Read More

Good morning. This is a great opportunity for people to ask questions of practicing attorneys. Your post is not really a question. you've posted a case number, anonymously. Even if an attorney wanted to spend their time for free looking up this case number, they won't know who you are in that case. They won't know what your issue is, so to answer your post someone would have to spend a huge amount of time researching something you didn't even identify,  to tell you everything about all the legal issues. I think if you have specific legal questions and post on this forum, it's likely that you will get a response from an attorney.  If "who can help me" is a way of seeking a lawyer to hire for your case, people would still need specifics. A short answer however is that if you have a case with the case number that means it's pending. If you do not have a lawyer, do you need one. That lawyer will help you.... Read More

Dear Anonymous:    There are two separate answers required to your question. First:  if a person's parental rights are terminated that individual will not owe child support going forward.  However, any retroactive or arrears in support is still due. Second:  One typically cannot simply "give up" his/her parental rights.  The concept is the state wants two parents to be responsible for the child and to support the child.  However, if in this case, if the mother is planning to remarry and /or has an ongoing relationship with another responsible adult who wishes to adopt the child, then a step-parent adoption or a second parent adoption that is filed will require that the bio dad to give up his rights.  So if Mom has this in the planning stages, then it will be possible for the father to relinquish his parental rights and be relieved of further support obligations.   I hope this helped. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward/Boca Raton 954-316-3496/561-962-2785  ... Read More

Thank you for your question. I am sorry that you are going through this right now and cannot imagine the stress you are under. There is no requirement under the law that you agree to a parenting time schedule in advance of the child’s birth, nor are you required to agree to a plan that you are not comfortable with. It is, however, advisable that you begin to consider what you would be comfortable agreeing to with the expectation that the other party will file an application with the Court if you and he cannot come to a resolution. The Court, however, does not have the ability to enter a custody or parenting time Order for an unborn child, so that application would not be heard until the baby is born. I highly recommend that you consult with an attorney who can discuss various parenting time plans and proposals that may work well for your situation and assist you in resolving the matter, with or without the Court’s intervention.... Read More

Grandparents can get custody of their grandchildren if they petition the court for custody and are able to establish that 1) the natural parent is unfit or abandoned the child and 2) custody to the grandparent would be in the child's best interest. This starting point is filing the petition and getting the case started.... Read More

Your questions cannot be answered in this forum without additional information.  Judges in Virginia are concerned about the child's best interest.  Therefore you will need to present evidence in support of your case, which demonstrates why it is in the child's best interest to be in your care and custody.  I suggest that you confer with an experienced family lawyer in your area to discuss the facts of your case in greater detail.  Lawyers charge by the hour, therefore, you need to discuss the matter of fees and costs prior to setting an appointment.  Best of luck~... Read More

I suggest that you call the child support agency and seek information regarding the status of your case.  Support cases are challenging, therefore, if you are not comfortable calling the agency, I suggest that you consult with a family lawyer to discuss your options.  Most lawyers charge by the hour.  Therefore, you need to discuss fees and costs before the appointment to avoid any misunderstandings.  Best of luck~... Read More

In most matters of child custody, it is a mistake to wait for multiple months (or years) because that begins to look like agreement or acquiesence.  But you should get information about how child custody determinations in your kind of circumstances are made, which you can review here and here.  Then you should construct a timeline detailing what happened in what order (you can find a guide for doing so here), and then call this office or another Family Law Specialist firm, and schedule a consultation to review all of your facts, circumstances, costs, risks, benefits, and options.... Read More