Child Custody Legal Questions

Well, that's difficult to answer now that children are attending school remotely.  If remotely, then there shouldn't be a problem for him to take your daughter.  This is such a "it-depends" question:  how does it affect your daughter?  Does her grades suffer?  Also, you do not state the daughter's age.  If a teenager and they want to go skiing when the slopes are not so crowded on weekends, you might answer "have fun but make sure you do your homework or take lessons with you." Judges differ in opinions.  For me (and I'm not a judge), I don't see this as a "major" educational decision as long as the child does not suffer.   It might be good for your daughter to enjoy time with her dad on vacations.  Vacations are always a good time to bond and something to remember for the rest of her life.  It would be nice and respectful if he asked you first if you had any objections. ... Read More

Yes.  The mother will have to either agree or you'd have to file a Request for Order to have your custodial orders changed to make you have "the right of first refusal" to take care of your son if she cannot take care of him say for an 8-hour period of time or some other period of time.  I always admire fathers who want to take care of their son, especially in their developing years of 6-16 years old.... Read More

Thank you for your question. If you suspect child abuse it is your absolute duty to report it to the authorities without hesitation.  Your child is unable to express herself at this age and only trained professionals can make this determination.  Once you contact the DCP&P they will instruct you on how to handle future parenting time.  Obviously, pending any determination you should take it upon yourself to halt visitation. I hope this was helpful to you.  ... Read More

If the child has been in PA with your son for at least six months, jurisdiction for custody is in Philadelphia.  He should file a petition to confirm primary custody in him with the Philadelphia Family Court.  Forms and instructions are available on the Philadelphia Family Court web site.  There will be a fee for filing.  When he receives notice of his first custody hearing with the Master and if he wishes representation, have him contact me or an attorney in my firm. Best Regards, Maribeth Blessing 215 663-9016 www.mbfamilylaw.com  ... Read More

Legal custody and visitation are different. legal issues  The court is only concerned about the best interest of the child.  Are you asking the court to change visitation and legal custody? Or, are you asking the court to change legal custody, without making any changes to visitation? Your question cannot be answered in this forum because additional information is necessary.  I suggest that you confer with an experienced family lawyer in your area to discuss this matter in greater detail.  Please note that lawyers charge by the hour.  Therefore, you need to discuss fees before setting up a meeting to avoid any misunderstandings. Best of luck~... Read More

If there is a court order in place, you cannot take any action(s) that would violate the court order.  In the absence of information regarding the legal status of each parent's rights, your question cannot be answered in this forum. I suggest that you arrange to meet with an experienced family lawyer in your area to discuss this matter in greater detail.  Finally, please note that most lawyers charge by the hour for consultations.  Therefore, you need to discuss fees prior to setting up an appointment to avoid any misunderstandings.  Bet of luck~... Read More

This probably will not work.  The statutes for adoption, guardianship, and custody are all set up to address "children" -- i.e., kids who have already been born.  If an adoption case, for example, was filed pre-birth, it would automatically be "stayed" until the child was actually born. That said, you could have an attorney prepare all paperwork for an adoption or guardianship now, and simply execute/file the paperwork immediately after birth.  You should read up on both of those, as well as Termination of Parental Rights cases, all of which you can read about here.  Then you should consult with a qualified family law specialist, in this office or another, to go over all of your options.... Read More

If I understand your question correctly, about a year ago, your dad and you sat down and agreed that it was best for him to take temporary physical custody of your son and for the past year, your father has been handling the day to day responsibilities of your sons care and now you feel that the setting has changed and that you are ready to take back the responsibilities of the day to day care of your son and I presume that your father disagrees and feels that you are still not ready to handle that role. I have no idea why was taking place in your life a year ago that caused you to determine it was best for your son to be cared for by your dad but im sure that if you press the issue, he is going to detail his fears and it probably will result in a call to DCPP for intervention. If the division then intervenes, your dad is going to detail why you temporarily gave him physical custody of your son and why he feels that temporary custody should remain with him. Again, I have no idea whether the world has changed and whether it would be best for your son to come back to live with you or remain with your dad but the focus should be on your son and what is best for him. Maybe the solution is a meeting between your dad and you in a neutral family law attorneys office to discuss the setting and maybe a plan can be worked out for you and him to share custody or a plan for you to get your son back while giving your dad confidence that you are able to handle that role again. Lawyers who specialize in divorce and custody work act as mediators every day and this would be the type of issue that maybe able to be worked out peacefully in that setting without DCPP's involvement or the involvement of the court system. ... Read More

Unfortunately, the answer is probably not.  If a lawyer is behaving in a manner unbecoming of the profession, certainly there may be ethical considerations.  However, if (s)he's agressively advocating on behalf of his/her client, there's really nothing you can do but prove your case in the opposite.   If the behavior is too much, especially during a hearing, you can certainly point it out to the judge or referee and ask that the behavior stop.  ... Read More

Dear Anonymous:      I am sorry you are in this situation.  The quick answer is that it is difficult because parental rights trump that of another relative absent extenuating circumstances.    You have temporary custody and that is the key word, "temporary".  The court will look to the best interest of the child, but unfortnuatenly, Florida has a low bar on parenting.  That means that if the father (or mother) is competent to care for the child, the court may well terminate the temporary custody order.  This gets quite complicated and you would need to provide a lot more details. Candidly, you would be best served at least having a consultation with an attorney in your area to go through more of the facts. Even then, after 36 years of practice I can never actually predict what a court will do.   Best of luck,   Cindy S. Vova Law Offices of Cindy S. Vova 954-316-3496/561-962-2785... Read More

Dear Ms. Evans:         If there has not been a court order establishing paternity, then your son's girlfriend can leave the state. If paternity has been established, he can file a motion to prevent her from leaving the state with the court.  Assuming no paternity has been established, your son needs to immediately file an action to establish paternity, timesharing and a parenting plan with the Court in the county where he or the mother resides.  Unfortunately, until a judge enters an order that establishes paternity, just filing the petition will not stop the move.  However, your son can ask that she be required to return to the state with the children.       Most people do not know about the need to establish paternity in the courts even when the parties get along and are doing fine.  It is better to do it sooner rather than later, but hopefully your son will have enough time to get this done before the mother leaves.      Best of luck,      Cindy S. Vova      Law Offices of Cindy S. Vova, P.A.      954-316-3496/561-962-2785... Read More

These factual allegations are too vague to comment on in detail.  You should have an extended conversation with your existing attorney about your rights, obligations, and options, and if you are not satisfied with the results of that conversation, you should schedule a second opinion consultation with a qualified family law specialist.... Read More

The first thing you should do is contact the court clerk to find out if the case was actually closed. If it was closed, you need to get the final order. You will then file a Motion to Modify that order and ask the court to order that the children live with you. You will have to show a substantial change in circumstances if your mother will contest your motion. Some of the issues you will face is providing an explanation as to why you were not involved in the CPS process and the court case. You should have been considered as a placement option if you could provide a stable place for the children at that time. If things have changed for the better, you would use that as a reason the court should order that the children live with you. ... Read More

I'm not sure I understand why he wants to change the Christmas schedule after 6 years but presumably, you and he have a written agreement or court order spelling out who has Christmas eve and who has Christmas day ( and what time is the pick-up / drop off and where the exchange is to take place). Pull out your agreement/court order and read what you and he agreed up / court ordered - that is your starting place. If he says that he wants to change the arrangement, take a deep breath and ask him what changes he wants and why he wants those changes. You may disagree with him and there may not be any real reasoning behind his request but unless and until a new court order is put in place or a new agreement is entered changing the schedule, your current order/agreement controls the holiday schedule. But....if he files an application with the court, saying that he wants to change the current schedule, he has a right to do so and you have the right to oppose his application ( and to also address any other issues outstanding that you feel need to be addressed) and then either the court will rule on those issues or the court will send you and him to outside mediation ( if the court feels that there is a legitimate dispute between your positions) in an effort to peacefully resolve it. If mediation is unsuccessful, then the court will bring both of you back and rule on the request to change the holiday plan and enter an order as to who has Christmas eve and who has Christmas day or whether it rotates annually and what time is the pick-up/drop off.  One alternate suggestion is to hire a divorce lawyer as a mediator now and submit the issue to the lawyer. The lawyer can review both of your positions and even meet with both of you by zoom now and if resolved, enter a form of a consent order or amendment to your agreement detailing the change in the plan and it can be handled quickly and less expensiviely. In this setting, the lawyer is neutral and works with both of you and potentially can get the issue resolved before Christmas.     ... Read More

Mothers know best.  You haven't stated your age, but you are old enough to send a questionnaire so I am presuming you are over 16 years old?  I will never get in the middle of a mother's command.  When your mother calms down, perhaps you can ask her if you can call your father for other reason other than to invite him to a party.  Obey your mother!!  ... Read More

That is called "child abduction" if she took the children from the state without your permission.  The Los Angeles District Attorney's office has a Child Abduction unit.  You can call 213/257-2600 or google: child abduction Los Angeles County District Attorney's Office.  I noticed that they have "frequently asked questions" section.  Good luck!  ... Read More

If the order includes a possession schedule for your child, you could enforce the schedule and get your child back. There are a couple of different documents you could file. If you don't want to get an attorney, you can find forms and instructions on how to get your child back at www.texaslawhelp.org.... Read More

First, whether you stay in your mother's home, or move in with your boyfriend and his parents, I would encourage you to finish your high school education. You are legally an adult, whether you are still in high school or not.  It is not necessary for you to be emancipated.  You are legally responsible for your actions and any consequences of your actions.  The Code of Virginia, section 1-204, defines the age of majority as 18.  ... Read More

Usually child case workers know the correct status of the children.  It's sad but could be true that the adoption has been finalized. If so, then you would have no chance.  You might check the court records or hire an attorney to help you?   You also may be relieved that your nephew got a good home.  You can ask the case worker if you can visit him?... Read More

Why do you think that you must return to California?  The children can start facetiming with father or set up some time where he can come visit the children over Zoom or come to Ohio.  I cannot tell whether you were married to the father.  If necessary, you should develop a plan to start collecting child support from him.... Read More

In California you file a Request for Order to change child custody based on the abuse and in the process you can request a child evaluation.  In a child evaluation the 13-year old and you tell your story to the evaluator.  The evaluator will then reports her/his findings to the judge who ultimately makes the decision whether to change the custody arrangement.  Under California law, the 13-year old must be heard by the court in some method either testifying on the stand or talking with an evaluator.  Of course, in the meantime, you could take her to a psychiatrist or psychologist and seek a report on how that abusive conduct is hurting her.  You would include that report with your Request for Order Change of custody.  This could be very serious in view of the teenage suicide rate.  I had one teenage girl testifying on the stand, and when the judge asked her what she did at father's home, she replied:  "I call suicide prevention."  Good luck!... Read More