Child Custody Legal Questions

To answer this we need to know where the children are living. Divorce and child support are strange in that the jurisdiction of the divorce only requires a parent to live in a state or a county, but that is seperate jurisdiction from jurisdiction over teh children. If the children are staying with you in CA the majority of the time, it is likely that not only do CA courts have jurisdiction over the custody order, but that presumptively the court will want the children to stay in CA.   Let me know if I'm misunderstanding the facts here, but it sounds likely that you could simply file in California and move for custody there.... Read More

The processs you would go through to get your daughter back depends on a number of things. On of the most important factors is why you gave your daughter to the church members in the first place. Technically, you could just pick up your daughter at any time. However, if your child has been with the church members for more than 6 months, they could file suit to keep the child. A court would consider the child's age, how long the child has been with them, your current stability, whether you pass a drug test (including marijuana), and other factors. If you are not able to get your child back right now, you should ask for regular visits with the child, even if they are supervised by the church members. You want to show that you have been consistently trying to be in your child's life.... Read More

You should research the court records to find out if anything has been filed. If she has filed a petition, you should file an answer and counterpetition. If she has not filed a petition, you could file one. In any event, you should participate in the process to protect your rights concerning your child. You do not have to do anything until there is a court order. If you give her any documents, be sure to give her copies unless she needs the original for some reason. ... Read More

I'm sorry you are having to struggke with this. Until that Parenting Plan is changed, it's operative. The burden is going to be on you to show it needs to be changed, and you'll have to file and serve a Petition to Modify Parenting Plan, along with probably one or more Motions. Courts are hearing some emergency cases, and working on video hearings, etc., but there's a lot of uncertainty everywhere. At least with a Petition to Modify Parenting Plan filed, if she shows up and acts on her threats, you've got an active case, and so potentially a shorter path to a temporary hearing.... Read More

Your first step is to try to have a conversation with the children's mother to let her know your concerns. You need to ask her to fix the problem. If she does not fix the problem, then start a modification suit.  You need to try to gather some evidence other than what the kids say. For example, police records for their address or the step dad's former address. Also any criminal record. If he has been involved with the family court before then research those cases to see if there is any mention of family violence. You may also want to get a counselor involved, preferably one who will testify if you need her to. Let your kids know you hear them and believe them.  Do not, however, involve them in the details of the suit      ... Read More

Your question cannot be answered in this forum because more information is needed.  Lawyers.com offers general information and not legal advice.   As a general rule, when courts are called upon to deal with matters of custody and visitation, they are concerned about the overall best interest of the child.  There is a presumption that the best interest of a child is served by healthy contact with both parents.  If you file a petition, seeking to modify or impose restrictions on the current visitation, the burden is on you to show why your requested action is in the best interest of the child.  The Court will refer to the best interest statute and make a decision based upon the facts in your case, as applied to exist law.  As a practical matter, what if any steps have you take to address this issue with the father?  Have you raised your concerns with him?  If so, what has been his response?  What information do you have showing that the new girlfriend is around your daughter? Is she high around the child? Does she have a drug problem?  I suggest that you follow up with the father, before taking legal action.  If you are unable to resolve this matter with him, I recommend consulting with an experienced family lawyer in your area to schedule an office consultation.  Most lawyers charge by the hour for office meetings, therefore, you should work all payment details prior to setting up a meeting to avoid any misunderstandings.  Best of luck~... Read More

Jermario, I am not sure I understand your question.  What are you asking?  Are you asking for ways to prevent the new husband from being around the child?  Are you asking for guidance on how to proceed, if a court order has been violated?  Are you seeking direction on how you can modify the current order, under the circumstances?  Or, are you asking something totally different that I have not raised?  Lawyers.com offers general information and not legal advice. Legal advice is based on the individualized facts in your case as applied to the existing law.  I suggest that you confer with an experienced family lawyer in your area to discuss your case in greater detail.  You need to be in a position to respond to questions, which could impact the outcome of your case. Most lawyers charge by the hour, so you need to discuss the cost of a consultation before setting up an appointment to avoid any confusion.  Best of luck~... Read More

Unfortunately, your question cannot be answered in this forum because you have not provided enough information.  For example, where are your parents?  Do the family you live with have a court order?  If so, what are the circumstances under which they obtained this court order?  How long have you lived with them? When you say they don't treat you right, what does this mean?  Are they physically abusive? What specifically are they doing to you?  You say you want to live with your other grandmother.  Is this something you have discussed with her?  If so, is she receptive to you living with her?  Where does she live in relation to where you currently reside?  Will it require you having to change schools?  Does she have adequate space in her home to accommodate you? If so, can she afford to support you?  Is she willing to file a custody petition, seeking to have a judge make a decision?   Again, you have raised a question that cannot be answered in this forum, as it will require considerably more information.  I suggest that you think this through and see if your grandmother is willing to file a custody petition.  If so, she needs to confer with an experienced family lawyer to discuss this matter in greater detail.  Best of luck~... Read More

  Ms. Burke, Unfortunately, courts throughout most of Virginia are operating on a limited schedule,  due to the Corvid19 pandemic, dealing only with emergency matters.  Once the Courts reopen, you may wish to contact your local court to discuss the intake procedures necessary to file a custody petition. Filing a petition has nothing to do with the merits of the case.  Once a petition has been filed, it will be your responsibility to present factual evidence to the court, during your hearing, which is consistent with existing laws to support your position.  If you are not a birth parent, you may be regarded as a person with a legitimate interest, which gives you standing to file.  This fact notwithstanding, your case will be resolved in accordance with laws dealing with third party litigants.  This type of case carries with it special rules that differ from the typical parental dispute. In order to protect the interest of the child, I suggest that you contact an experienced family lawyer in your area to set up a consultation.   This will provide an opportunity for you to discuss the matter in greater detail.  Most lawyers charge for consultations, therefore, you need to discuss the cost of a consultation before arranging a meeting.  Best of luck~... Read More

It seems very odd that any CPS worker would simply accept false allegations about your living circumstances and possible drug use without any investigation or evidence.  That said, you obviously need to consult with a family law specialist who handles abuse and neglect cases, and be prepared at the first hearing, which will be soon, to show evidence rebutting the allegations --say an affidavit from the aunt you live with, and a clean drug test.  If so, you may be able to nip this in the bud at the first hearing.  Then you need to work with your family lawyer to get some longer-term arrangment put in place for the child custody, and child support.... Read More

You have to participate in the court process to get your daughter back. Is the court case currently open? If so, you need to file into the case and let the judge know what you want. If you can't afford a lawyer, you may be able to get one through Legal Aid. If you can't get a lawyer through legal aid, go to www.texaslawhelp.org and follow the instructions about what to file. They have forms you can use to file as a pro se, meaning you are filing for yourself without a lawyer.... Read More

In Louisiana, a parent has a paramount right of custody over a non-parent.  In a struggle over custody, a non-parent must show that custody to the parent would cause "substantial harm" to the child.  A relative, such as an aunt, can file for visitation in "extraordinary circumstances," one of which would be the death of the mother.   The best course of action would be for the mother and father to agree upon your having custody in the event of her death,  prior to her death or becoming incapacitated to the extent that she could not make decisions.   If the mother and father are divorced, this may be difficult or impossible to accomplish.   She could appoint you as tutor for the child in her will, but that appointment will not be good against the father unless he agrees, or is found unfit.   He may agree if he is incapable of caring for the child.   Whether or not you or the grandmother would be a more appropriate person to care for the child is a matter of many factors involving the best interest of the child.... Read More

Presuming both parents are on the birth certificate, the law starts with a presumption of equal rights.  Details are posted here and here.  Child support is explained here.  You should consult with a family law specialist to find out all of your rights, obligations, and options.  If you 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 (during the emergency, they are being done by phone or video); 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 More

None of us know how long that pandemic will last and I understand the concern about your son's health issue, so the issue is what was the father's parenting time plan with the child before this virus crisis occurred? If dad saw this son every wednesday night for dinner and every other weekend and now because of the crisis, im sure that he may feel that the crisis is being used improperly to prevent him from contact with your son.  If the issue was ultimately  presented to a court ( which it may end up taking place), a judge is going to focus on what credible proof was presented by you to justify not permitting the father to be with his son with the burden placed on you to prove it. The fact that dad may have to go to work each day, does not mean that he is not taking all available precautions to reduce the risk of spreading the virus. It also does not mean that his home is any less safe than your home. My suggestion is that you need to reach out to him and calmly discuss your concerns and plan to make suggestions for an alternate plan for him to be with his son. As a simple example, maybe under normal circumstances, you would never want him in your home, but maybe in this setting, you agree that he can visit with your son at your home for dinners ( including a more expansive plan than previously in place) during the week and maybe also inviting him over for every saturday or every sunday so that he can have quality time as well. It may make sense also that while he is in your house, you make other arrangements for yourself, so that you are not invading their time together. I am not telling you to try this plan if you are not comfortable with it, but I am simply trying  to give you an example of a possible temporary solution to a bad setting.... Read More

Thank you for your question. I am sure you are very concerned for your child's best interest, every day, but especially in light of this virus pandemic. This is unchartered territory for everyone. I believe that without a court order, you must comply with what your court order or marital settlement agreement is. You can certainly ask your child's father to confirm that he will take the proper precautions to ensure your son is isolated and that he, himself, has been isolating. We are open for virtual consultations if you wish to talk to an attorney.... Read More

The Texas Supreme Court issued Misc. Docket No. 20-9043 earlier this week.  To summarize, it says that for the purposes of who has the right to possession of the children, the parties are required to follow the regularly scheduled spring vacation schedule.  You can find a copy of the order if you type "Texas Misc. Docket No. 20-9043" in a web brouser.... Read More

The Texas Supreme Court issued Misc. Docket No. 20-9043 earlier this week.  To summarize, it says that for the purposes of who has the right to possession of the children, the parties are required to follow the regularly scheduled spring vacation schedule.  You can find a copy of the order if you type "Texas Misc. Docket No. 20-9043" in a web brouser.... Read More

Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which cannot be provided to you without a complete review of your file, all previously entered court orders, and any existing pleadings, regarding matters that are pending before the court. In order to protect your interest, 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 need to discuss the cost of an office consultation in advance of the meeting to avoid misunderstandings.  Best of luck~... Read More

It sounds like you may have grounds for a domestic violence protective order (also known as a 50-B or DVPO). If you have been assaulted or threatened recently, you may even be able to obtain a temporary restraining order until your case can be heard with the ex present. One important thing in these cases is that you must sepcifically list the things your ex has done to you, with dates and details that explain what happened. If you do not do this, the court must dismiss your case.  You should contact a local attorney or Legal Aid in your area for assistance. Having legal counsel is important to ensure your evidence is presented to the court in a manner that allows the court to consider it. Things such as text messages and recordings must have proper "foundation" in order to be considered by the court. ... Read More

Your point of contact should always be your attorney(s). The GAL is the child(ren)'s voice, and answers only to the Court. In fact an attorney GAL cannot speak directly to a represented person. If you have an attorney the only attorney allowed to speak with you is your attorney. Don't stalk them but fine to reach out weekly for an update. If they don't reply, possibly nothing to update.... Read More

If the mother is in jail, the court has the authority to order the appointment of a Guardian ad Litem (GAL) to act on her behalf.  If the court has not appointed a (GAL) the court may appoint a GAL upon request of either party.  The GAL will appear in court for hearings and represent the best interest of the mother. As long as the mother has received proper notice of all hearings and proceedings, and it appears that her rights are being protected, the custody hearing will probably go forth.  However, I cannot say will be the case without knowing what if any prior hearings have taken place, and whether she was made aware of those proceedings.  The key to any hearing going forth is whether all parties to the proceeding have proper notice and the opportunity to be heard.   Best of luck~  ... Read More

You state that you and the father share joint legal custody but you make no mention of the biological mother's rights.  The order, which awards custody to you and your spouse, should set forth the status of her parental rights.  It is not possible to answer your question without reviewing the court order.   It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater detail, which includes a complete review of all court-related documents or agreements in the case.  Best of luck~... Read More