Child Custody Legal Questions

Your son needs to file a paternity case in the California Superior Court requesting custody and/or visitation.  You cannot worry about the restraining order until he is served with the order, and then it's only temporary.  He must go to the hearing after he receives the order to attend a hearing.... Read More

Short answer: "probably not."  There is no requirement of disclosure of sources, although sometimes it comes up, and comes out, during court proceedings.  The situation is obviously sufficiently complex that you should consult with a family law specialist to go over all of your options.... Read More

Custody cases are always challenging because of the highly charged and emotional nature of the facts.  If the child has been with her grandparents for 14 years and is doing well, the court wants to know what is the "change in circumstances," that warrants modification of the order? Also, what facts led to the grandparents obtaining custody?  What is the wording of the existing court order?  The law presumes that the best interest of a child is served by living with biological parents.  However, that presumption is rebutted, when a parent is divested of custody in favor of a third party (i.e. grandparents).  If you relinquished custody and a court finds that your parental presumption has been rebutted, it may be easier for the grandparents to prevail in a custody contest. If you have lost your parental presumption, you will show the court that a material change in circumstances has occurred since entry of the last order and that modification of that order is in the best interest of the child.  You stated that you were previously on drugs but have been cleaned for 6 years.  These facts may give rise to a change in circumstances but what other facts do you rely on in support of your changed circumstances? How frequently do you see the child?  Do you have visitation rights? If so, have you been exercising those rights during the past 14 years? How would you describe your relationship with the child and her siblings? Unfortunately, there is no cut and dry answer and I can not offer proper guidance without reviewing the original court order to see what was agreed to by all parties or ordered by the court. Further, what are the facts at this time that lead a court to make a change after all of these years? I suggest that you confer with an experienced family lawyer in your area to discuss the matter in greater detail.  Lawyers charge by the hour, so you need to work out payment details for the initial consultation in advance of scheduling a call to avoid any confusion.  Best of luck ~... Read More

Well, in order . . . you can file for pretty much anything.  SSI may not be used as a basis for child support.  The trust income would be, and the whole financial picture can be considered.  Normally, the presumption is that both parties are directly supporting the children while living together, so child support is normally not ordered while parties are living together, but there is no rule against it.  And child support is changed upon "changed circumstances" and reviewed every three years; you should review the child custody and child support information and rules here and here, and yes, it would be a very good idea to go over every aspect of your situation with a qualified family law specialist.... Read More

If there has been no naming of a father at the time of birth, and no court action regarding paternity, then under NRS 125C.003: 2.  A court may award primary physical custody of a child born out of wedlock to:       (a) The mother of the child if:                (1) The mother has not married the father of the child;                (2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered; and                (3) The father of the child:                      (I) Is not subject to any presumption of paternity under NRS 126.051;                      (II) Has never acknowledged paternity pursuant to NRS 126.053; or                      (III) Has had actual knowledge of his paternity but has abandoned the child.         (b) The father of the child if:                (1) The mother has abandoned the child; and                (2) The father has provided sole care and custody of the child in her absence. It is probably a good idea for you to review the rules applicable to child custody, and child support, both of which you can find and review here.... Read More

You can raise lack of service, but a counterclaim does not normally have to be personally served.  Was it mailed to you?  Even if not, "default judgment" is not usually the outcome for service problems; if anything, it tends to result in an extended time to respond.  As a general matter, you should probably seek to address the merits, and not rely on procedural "gotchas," especially for child custody, as to which the Nevada Supreme Court has ordered that every decision must be based on the merits and not a procedural deficiency such as a discovery sanction.... Read More

Every child custody case is different.  Normally, most judges do not meet with children, but a court can ask for an interview to be done by the family mediation center staff, or a private therapist.  You should look over the factors that will be used in any attempted child custody modification, posted here.  And then you should consult with a knowledgeable family law specialist to go over how to document your child's concerns and have adequate evidence to be wrongfully accused.... Read More

I dont think that I am going to tell you something that you dont already know - you need to go to the court system in your country and get an order of the family court giving you authorization to leave the country with your daughter. If you dont get an order from your country's court system and you simply come to this country, the father of your child will go to the court system in Chile claiming that you kidnapped your child and took her to the United States without his permission or a court order permitting it to occur and he will ask the Chilean government to assist him under the Hague Convention for child Abduction to ask the US Government to compel the return of your child to Chile. Yes, there are specific protections given to someone fleeing another country in abuse settings, but the burden will be on you to prove them to avoid an application to the US court system to compel your child's return to Chile.  The alternative would be to contact a certified immigration lawyer in New Jersey to work with you and your new partner on getting the proper paperwork filed with the US State Department to assist in getting you and your daughter to the US. ... Read More

Thank you for your question. If your child’s father will not consent to the relocation, a formal application may be necessary.  The suspension of parenting rights by the Court may be a very important factor in your relocation request.  It could impact any opposition he may file against your request to relocate.  It is vital that you review the final restraining order and the history of your matter with an experienced family law attorney to determine the best strategies and options which are available for you to pursue your relocation with your child.   ... Read More

Under the law in New Jersey, you need an order from the court permitting you to relocate out of state with a child. If may seem like an unnecessary expense / process for you to undertake given the absence of relationship between your ex and your child but if you leave the state without a court order, you run the risk that he will file an application with the NJ court system claiming that you left the state without his knowledge and that he has tried to get in contact with your child but was unable to do so and you will then be forced to expend time and money to prove that he is not telling the truth. My advice is to do it the right way so that you dont have to worry about this type of claim in the future. ... Read More

There are multiple responses.  First, so long as no one objects, you can live with friends, or family, as you wish.  To ensure no legal problems in case of emergency, it is even straightforward to have a temporary guardianship arranged by way of a simple form.  If there is a disagreement, it gets more complicated, and I would suggest that the potential moving party (apparently, your friend's dad) consult with counsel.  More extreme measures would include "emancipation," but that might require you to prove that you could be self-supporting, which may not be possible. In the meantime, whatever you decide in that regard, you should seek out adequate emotional support, which is available through your school, or outside it and privately.  CCSD has set up telehealth and other facilities for students to have an outlet and resource for emotional support, even during the pandemic, and I strongly suggest you take advantage of it, asap.... Read More

Well, then say "no."  you do not think that he is old enough to be away from you for that length of time, etc. with all your objections.  By the time he files a petition requiring such visitation, then your son might be old enough -- haha.  The court system is very slow at this time.... Read More

Without knowing why your granddaughter is in child protective services, it kind of hard to answer.  Did you get the court order before CPS or after CPS.     If you feel that you are entitled to the visitation, then you can call the sheriff to escort you to the visitation or to pick up the child for you.  Otherwise, you can file for a civil "contempt" -- form FL-410 and seek criminal charges against the father for not letting you see the grandchildren.  However, first of all, you should send him a copy of the order via certified mail, return receipt requested, or via sheriff's department and demand visitation as ordered in the court's ruling.  ... Read More

Jonathan, I take from your question that you and the mother are not married.   Also, the question doesn't tell me how many children you have or what area you live in.  If so, then you need to file in the Court a petition for paternity in which you request custody of the children because mother cannot take care of the children.  OR you can call child protective services but then they might take the children from you as well because of you and mother arguing so much in front of children.  You and mother need to learn how to co-parent.  There are several classes available but not knowing the area in which you live, I cannot recommend one at this time.  Therefore, I recommend that you file a petition for paternity as soon as you can so that you can get sole legal and physical custody of the children.... Read More

You have a couple of different problems.  First, tracking down the order -- it should not still be outstanding three months later, and it is possible it has been entered and your copy was just never served.  In any event, there are multiple things possible -- an appeal, possibly, but probably more effective a motion for reconsideration or rehearing showing actual payment/assessment of the same sums in a prior judgment.  Either way, you are going to have to speak with California counsel on the matter; no one in Nevada is going to be able to do anything to resolve the situation, and you should contact a lawyer in San Bernardino County.... Read More

Under both state and federal law, it is illegal for you to buy or use a vape device, regardless of your parents view. Sorry, but in this setting, I agree with the government and dont think you should be doing so. I gave the same advice to both of my sons when they were 17 and I hope that they listened. Its an unnecessary danger to your lungs. ... Read More

From a procedural standpoint, if a guy comes forward and claims that he is the child's biological father, he can file an application with the court to establish paternity and seek parenting time and or primary custody of the child ( under proper circumstances). Obviously, if he is the biological father, he will also have to pay child support for the child as well. If he currently is supporting the child but does not know that he is the biological father, at some point in the future, if he wants to file an application seeking to establish paternity, he can do so as well.... Read More

Mr. Breeden, In response to your question, do not accept the statements of the other party as fact.  Contact the guardian ad litem directly and ask what his recommendation is.  The  criminal record of your fiance may be a concern, depending on what the nature of the crime was. Litigation generally creates tension between the parties.  In any motion to amend, you must first demonstrate that there has been a material change in circumstances since the entry of the current order.  Then, you must demonstrate that what you are asking for is in the best interest of the children. The duties of the GAL are established in the Standards to Govern the Performance of Guardians ad litem for Children* which is available on vacourts.gov.   If the guardian ad litem has previously represented the other parent, they would be  conflicted from representing the children.   * http://vacourts.gov/courtadmin/aoc/cip/programs/gal/children/gal_performance_standards_children.pdf)... Read More