Child Custody Legal Questions

The exact wording of your Order is important here.  If the Order says the Indiana Parenting Time Gudelines apply to your case, then you should look to see what parts of the Order may appear to contradict this statement.  More specific terms of an Order control over more generalized terms, so if the Judge says the Guidelines apply but then makes a list of more specific orders for your individual case, then you must go by those specifics and then use the Guidelines for everything else.   It is unusual for a Judge to order that the custodial parent controls time/place/manner of parenting time.  That usually means you have an infant (parenting time sessions are so short that they usually take place at the custodial parent's home or another prearranged location) or there has been something else that has happened, such as incidents of domestic violence, history of drug/alcohol abuse, or child neglect.  Section I of the Guidelines indicates that the Guidelines do not apply in those cases.  The focus of any parenting plan is to keep the child safe and encourage a healthy relationship with both parents.  If the Judge finds that safeguards need to be put in place, they will put those safeguards in their Order. If arranging parenting time is difficult becuase Mom is putting up road blocks, you may want to request different arrangements, such as a list of options the custodial parent can pick from instead of just an open-ended authority.  Perhaps another relative can help with arrangements, or if all else fails, you can seek the assistance of a professional "visitation center" until whatever concerns the Court can be alleviated.  Everyone should be working toward the Guidlines applying, at a minimum, to the parenting plan in most situations.  If someone is not, the remedy is to request input and modification from the Court.... Read More

First, congratulations on your recovery. At some point, you will have to go to court to assert your rights. Strategically, when you have been clean for a year, you can show the court that you have taken responsibility and are now doing all the right things to rebuild your life. When you have affidavits from your caregivers and recovery partners, that will look strong for your case. Start with getting visitation and then you can build to custody. For now, be patient but I would start to build your case with the ex that you really have changed. Tell him what your plan is, demonstrate you proving your commitment to that plan and he might start feeling different. You have to help him overcome his anger.' Being smart about it helps you win. I hope this helps but, put a calendar on the wall and check off each day until you are readly. Best of luck to you.... Read More

Dear Anonymous:    Unfortunately, at this point she can move.  Under Florida law, since you were not married at the time of the child's birth or thereafter, in order to legally establish your parental rights as the father you must file an action to establish paternity.  Once a court order is entered that adjudicates you as the child's legal father, then you could petition the court to ask that your ex girlfriend not move.  That said, Florida has a relocation statute, Section 61.13001.  That statue governs the procedure that must be followed to allow a relocation of a child more than 50 miles from where the parent/child are currently living.  There are a number of facrtors the court takes into account in making a final decision.   I suggest that you immediately file that action to establish paternity, and because just filing it does not alone stop her from moving, you need to try and expedite the process.  If the move is imminent, then you really have to act on this quickly. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com  ... Read More

The Office of Child Support Enforcement Unit (OCSEU) normally only opens a child support case  if one of the parents (custodial parent) has enrolled the minor child in a program, namely AR Kids 1st health insurance, income based, provided by the State of Arkansas. When a parent enrolls a minor in this program, they sign a form wherein they assign the right to collect child support to the OCSEU who then initiates a claim. Oftentimes the parent signing the form assigning the rights to collect does not really read that paperwork and is not aware of the process they have begun. If you have been served with a Summons and Complaint/Petition, you need to read the Summons carefully and note the deadline you have to file an answer or otherwise respond to same or a default judgment may be taken against you.... Read More

Obviously there is a significant back-story here, which might very well affect any recommendation of what you "should" be doing.  You should probably first review both the Child Custody and Child Support pages of our website to gain information about how the various sttutes work and will be applied, which may answer some of your other wuestions.  In any event, you should consult with a family law specialist to go over in detail the full factual and legal history, and get specific advice as to your options going forward.... Read More

It is unclear what exactly is going on.  Normally, you do not present evidence withouit it first being disclosed; here, of course, you assert that the information in question is known to both sides; if you don't want to disclose the extortion material itself, simply refer to it as such, and offer to submit it under seal for "in camera" review if the court really wants to see it.  You should almost certainly consult counsel.... Read More

You should not be too worried about your income. It seems you have been the primary caregiver of your two children, so there is a good chance that the court would award you primary custody of your kids. Courts look at the best interest of the children when awarding custody, not the income of the parent. Your ex would then have to pay a substantial amount of child support - I take it you are not married?  Child support for 2 children is 25% of the non-custodial parent's adjusted gross income (to oversimplify). That would mean you should get close to 2k a month, plus certain additional expenses.  You can surely agree to 50/50 custody but these arrangements are difficult in practice. You could agree to physical custody for you (with liberal visitation) and joint legal custody.  You really should c onsutl with a lawyer in New York though. Bottom line, don't be afraid because you are just getting back into the workforce and don't make a lot of money.     ... Read More

In Alabama the legal standard in changing custody from one person to another involves much more than the wants of the child or even the environment that the one seeking custody can provide. In fact it has just as much to do -- if not more -- with the environment that the child is currently in. In order to more fully answer this question I would need to know what it's like at the grandmother's home for the child and if there are any concerns in that environment or how she is raising him. Because these sorts of cases are so fact specific it's important to sit down with a lawyer to discuss details like what I've mentioned here. I'd be happy to have that conversation. ... Read More

Custody is unrelated to divorce, although a complaint for the same may be included in a divorce complaint.  Rather, as soon as parents separate, regardless of marital status, a custody claim may be made.  The only jurisdictional requirement is that the children live in the home jurisdiction for at least 6 months. Each case is unique but what you described certainly suggests that the father should not be awarded 50/50 custody.  Rather, he may have partial physical custody, generally every other weekend and one night a week, with conditions such as not driving with the children in the car. I trust this answers your questions but do not hesitate 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 More

Thank you for your question. I am so sorry to hear that you are dealing with this.  To appropriately evaluate your matter and provide guidance, more information is needed, such as the age of the child, what the parenting time arrangements have been thus far and whether there has been court involvement and a court order.  Generally speaking, if there is a significant and substantiated concern about the safety and well-being of a child, the court will take all necessary precautions to ensure that the child is safe during parenting time.  I highly recommend that you schedule a strategy session with an experienced family law attorney who can gather more information and provide guidance to you based upon the specific details of your matter.  ... Read More

You have an attorney.   Your attorney is on your side and knows the law far better than you do.   Follow the attorney's advice.  Your attorney should be helping you to get a rendition on the MSA and entry of an order.  (If not, make sure you are up to date in the fee agreement.)    If the child is two or older, the child can probably walk to a car by himself.   Direct intereaction between you and your ex will not be helpful to anyone right now.   Follow your lawyer's advice.      ... Read More

The answer to this question depends upon whether or not Mom and Dad have an existing case.  If they do, then the matter should be handled in the existing Court.  If not, jurisdiction needs to be determined before moving forward.  In any case, Dad needs to review the Indiana relocaiton statute that also applies here:  https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-17-2-2-1.html.   If he wants to establish his parental rights and obligaitons or has already done so and just needs to request enforcement of the Order, he should not wait.  Litigant rescources are avaiilable at every courthouse Clerk's Office, or you may choose to contact an attorney to help you.... Read More

Thank you for your question. I’m sure this is a very stressful situation for you. To protect yourself you absolutely want this change to go through the courts. If you don’t, she could claim at any time that you took the child and are keeping him, in violation of a court order. You should consult with an experienced family law attorney who can give you advice tailored to your unique situation.  The attorney would most likely recommend drafting a proposed Consent Order delineating the new terms of your custody agreement. Once both parties sign same, it would be filed with the Court, and the Judge would sign it, making it a Court order. The opposing party may not want to go through the process of filing an application to make the change. However, if you agree to the terms in a Consent Order, nothing else needs to be filed and no court appearance is necessary. The key is to have experienced legal counsel draft the Consent Order to make sure the interests of both parties are protected.  ... Read More

Dear Ms. Vega:   Unfortunately, not only do you not have any legal rights regarding the child now, but you still do not have any legal rights to the child once you get married.     The only time a step-parent would have legal rights regarding the child is if  the other natural parent (not your fiance but the mother) gives up her legal rights or her rights are terminated.  Your fiance can authorize a school to let you pick up the child, or he can give you a limited power of attorney to act in his stead, but this does not replace the rights of the natural mother unless they are terminated and you adopt the child.  I hope this answers your question and best wishes on your upcoming marriage.   Regards, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Boca Raton-Miami -Dade 954-316-3496/561-962-2785    ... Read More

Your facts are not entirelly clear, but it appears that you would be well served by obtaining an order of Paternity and a formal child custody order.  The relevant rules are explained here and here.  It is not clear whether "getting in your face" is adequate for a Temporary Protective Order ("TPO"); the relevant rules are discussed on our Domestic Violence page, here. Really, what you need to do is consult with a qualified family law specialist to go over the full story, and discuss all of your options.... Read More

Unfortunately, it is not possible to answer that question without an awful lot more information about the background leading up to the removal.  Once children are picked up they appear quickly in a case in Abuse and Neglect court; you need to consult with a family law specialist versed in those proceedings so that your interests, and those of your childrne, can be properly represented.... Read More

The only way to enforce or modify custody is through a Petition and a Court Order.  If an Order exists, you would need to file a Petition to enforce or modify it, depending on its terms.  A notarized agreement is irrelevant, other than as a minor evidentiary factor regarding the facts and circumstances.  The only standard that courts must apply is the best interest of the child, regardless of what the parties agree to. I trust this answers your questions, 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 More

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 More

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 More

 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 More