Child Custody Legal Questions

Dear Lori:     No, she will not have any legal rights to the child.  Along the same lines, unless there is a Cour order establishing the man's paternity to the child, he has no rights to the child either. That also means you cannot get child support from him until paternity is established (even if he admits he is the father).     If you wish to establish paternity to get support, you can do so through the Florida Department of Revenue or a private attiorney. Keep in mind, however, that the man may then also want to establish timesharing rights with the child.   Best of luck, 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 daughter gave her aunt temporary physical custody of her son because she was unable to properly care for him. Now, a cousin just got out of jail for attempted murder & the family of the guy he tried to kill  plans to get even with the cousin & they plan to shoot up the house that he is staying in – the aunts house, where your daughter’s son is living as well.  And your question is whether your daughter can file an emergent application seeking to temporarily revoke her consent to permit her aunt to have physical custody of her son since she is afraid that her son is in harms way staying with the aunt. I presume your daughter already spoken with her aunt about this information & suggested that the aunt temporarily live elsewhere or that the cousin  temporarily live elsewhere &  the conversation (about either option) did not go well. My sense is that if your daughter simply went to her aunt’s house to take her son back, the aunt would object & potentially call the police, saying that your daughter is not fit to care for her son and that she was given physical custody of her son and that he has been living with her for the past XXX time. Presuming that my sense of the setting is correct, your daughter can still file that emergent application with the court but the focus for the court will be on how long the child has been living with the aunt; what was the reason why your daughter gave up temporary custody in the 1st place & whether that setting has changed; where she will live with the child moving forward; whether the danger to the child is legitimate if he stays with the aunt. Also, I am sure the judge will want to know about the conversation between your daughter & her aunt & why the aunt does not see a reason to change the custodial setting for the child. Those are basic items that would need to be presented to the court as part of this application.  ... Read More

The law of teen-age discretion in Nevada is not what many think it is.  Most recently, the Nevada Supreme Court in Harrison v. Harrison, 132 Nev. ___, ___ P. 3d ___ (Adv. Opn. No. 56, July 28, 2016), restricted the use of the doctrine to essentially be non-substantive.  That said, Nevada law permits a “child of suitable age and discretion” to have input as to his custody, and this 17 year old seems to qualify.  Every case is different, of course.  You should look over the factors for a change of physical custody, posted here, and then consult with a family law specialist, in this firm or another, to determine your best course of action.... Read More

Your question is a bit vague -- that said, if the issue is economic, there are always workarounds, and if the matter is either getting or transmitting information, there are multiple alternatives that could be arranged by either court order or agreement.  It might be more efficient for you to think through exactly what problem you are trying to solve, and then call this office or another family law specialist to discuss possible solutions.... Read More

The fact pattern lacks some information:  when is the hearing scheduled?  Did you get a drug test?  Have you filed an opposition to his Request for Order?  You can request the court for an evaluation in which your son can speak with a professional about any abuse by you or his father.  It depends on the Judge as to whether he can or cannot use the video.  Have you seen it? Good luck!  ... Read More

I had the same trouble with my daughter.  She tested positive and I told her to get a negative report before she could visit with me.  However, she reported, as he has, that she is not contagious after ten days and will test positive for three months.  She came to visit and I hugged and kissed her.  I did not get Covid.  Good Luck!... Read More

Most of the time you have to "move the court."  You could file a Request for Order (FL-300) to get a hearing and order on whatever you want.  You need to complete the additional forms requested in the Request for Order.  Then you need to file everything with the Court.  If you cannot afford an attorney, then you should make an appointment with the Superior Court self-help department.  Good luck!... Read More

You should complete and file an FL-150 (Income and Expense Declaration) showing that you do not have any extra money to pay for her attorney's fees.  As you stated, you need to oppose the request for attorney's fees.  You can state in the declaration that you have no extra money to pay her attorney's fees and that you, yourself, cannot afford an attorney.  You can ask her for attorney's fees for your case!... Read More

I believe that you have a child support issue.  Who is collecting the child support?  The state?  If so, then contact them about applying for a reduction in child support.  They will send you some forms to fill out.  If you have difficulty filling out the forms, then you can take them to self-help at any Superior Court for assistance.  With regard to custody, you need to also go to a Superior Court self-help and complete the forms to petition for visitation rights, if that's what you want.  Of course, you're going to have to consider if you have the proper housing and accommodations to have visitation with your children or that you want just two or three hours on a Saturday or Sunday for first visits.  However, that probably won't reduce your child support with that little visitation but it might benefit the children and for you to work toward more time with them.  Sometimes you have to get an extra job to support children.  At one time I had three jobs to support my three children -- weekdays, weeknights and weekends.   ... Read More

What a wonderful friend you are!!  I believe that it's more than a piece of paper.  You would have to go through an adoption proceeding or guardianship in court for the children and then she would sign over her rights to the children to you in that process.   If you cannot afford an attorney, you can go to the Superior Court in San Diego and request self-help services.  ... Read More

Yes, your husband/father can give you rights to your stepson.  It's a temporary guardianship.  You need to apply to a Superior Court with the paperwork signed by your husband.  However, you need to find the stepson and find out if he wants to live with you.  At 14 years old, he might have to consent to the guardianship.      ... Read More

Sorry but that is not enough information:  He was arrested but is he still in jail?  What were the charges against him?  How old is your daughter?  Do you visit your daughter at your mom's place?  What is your "criminal background"?  How are you today?  You would have to ask the social worker who placed your daughter with your mother.  I think your mother seems to be the fit person to have custody of your daughter, depending on daughter's age.... Read More

My heart goes out to you in your effort to try and help your 4-year-old niece. I am also fairly confident that your parents mean well and want to do the right thing for your niece but fail to recognize their limitations and its impact on a 4-year-old in their household. I am also fairly confident that you have spoken with your parents about their limitations and your belief that you can now provide your niece with a better home setting. If you have not done so, I think that you need to sit down with them - if for no other reason but to show your maturity and your willingness to address the issue constructively. They may not see it the same way and may not respect your efforts but you need to have that conversation before moving forward with any alternative plan. Presuming that the conversation accomplished nothing, then you need to decide if you want to speak with the state division of Child Protective Services. You can file a complaint with the DCPP and offer to take your niece in with you and provide all of the reasons why you feel that it is an unsafe/unhealthy environment for your niece and simultaneously why your home setting is more appropriate. I also presume that your parents are receiving governmental benefits for caring for your niece and may be resistant to give her up but maybe you can agree to a trial plan setting where they continue to receive those benefits for a period of time to ensure that your home setting is working. ... Read More

Most importantly, do you live in New Jersey? At the end of your question, you reference a request for child support from the biological father - which says that you already opened a child support case in the court system and have a state agency/probation seeking to recoup monies from him for your child. If you have already filed a complaint with the court system for child support or if you are receiving governmental assistance for your child and identified the biological father as the responsible party for payment purposes, simply adding your fiance to the birth certificate does not / will not resolve all of the issues. If anything, it can cause you more issues if you are receiving government benefits and previously identified the other guy for payment purposes. The simplest solution is to have the biological father sign a written certification stating that he agrees to relinquish his custodial rights to the child and effective with the entry of an order permitting your fiance to adopt the child,  he will be relieved of any legal obligation. You can also include in that certification that he agrees to cooperate with the adoption process and to sign any and all papers required of him. I have no idea why your fiance has an issue with child protective services but if he is going to be around your son on a daily basis and is a good father to him, I dont think that you should be afraid to permit a home visit as part of that adoption process. ... Read More

I'm sorry but there are not enough facts.  What kind of custody order was in your mailbox?  Did she file for divorce?  It sounds as if you should contact police for missing children or the District Attorney's office for kidnapped children.  You have a right to visit with your children under California law.  Also, you can file for divorce and request the Court for custody or if she filed for divorce, you can file paperwork requesting custody or at least visitation with your children.  ... Read More

Dear Anonymous:     You certainly have a right to know where your child will be when with his father.  You would have to file a motion with the court stating that your ex violated your agreement by not providing a current address. and asking the Court to enforce the agreement.  Additionally, you should state in the motion that he was removed from his prior residence due to the domestic violence, and because of that incident and the failure to provide an address, you withheld timesharing becauase you were concerned about the safety of your child.      I hope this helps.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Palm Beach/Miami-Dade 954-316-3496/561-962-2785 ... Read More

 Dear Anonymous:       Any individual purporting to be the parent of a child may file an action in court to establish paternity.  However, establishing paternity alone does not also establish a parenting plan and time sharing (visitation) with the child.  Since this individual has not been in the child's life since birth, a court typically will not let him just come in and begin a timesharing schedule without determining what will be in the best interest of the child.      Certainly, testimony about his behavior (if it is relevant) and emails he sent to you (again if relevant) likely can be used in court.  (there are specific evidentiary rules to getting document admitted to a court, which is too involved to properly discuss in this forum)      If he does pursue such an action, you can, and should, pursue establishing child support.  Children are expensive to raise, and he has an obligation to contribute.  Under Florida law you can get retroactive support for up to 24 months prior to the filing of an action to establish paternity and child support.   Hopefully this information helps.  Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Palm Beach/Miami-Dade 954-316-3496/561-962-2785... Read More

I'm not an authority on child protective services' custody.  However, I would recommend that you file a Declaration (pleading or some kind of document with your argument as you've noted here) under penalty of perjury, i.e., "I declare the above is true and correct under penalty of perjury under the laws of California."  Plus make sure that you go to the hearing.  The Court should have appointed counsel for you.  If not, ask for an attorney to be appointed for you.  Good luck!... Read More