QUESTION
Is there anything I can do to get my daughter if the mother was arrested for drug trafficking?
Asked on Mar 28th, 2014 on Child Custody - New York
More details to this question:
I am currently waiting for my child support hearing and the mother of my child put me on child support. Recently she has been arrested for trafficking drugs and possession of cocaine. Is there anything I can do to get my daughter? Our court date is April 24, 2014.
7 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You most likely will not be able to get anything accomplished at the child support hearing, as that hearing will not involve custody or visitation (parental responsibility or timesharing). However, you can file a legal action to establish your parental rights. You should consult with an attorney in order to best determine your potential rights and options, especially with something so important at stake.
Answered on Apr 01st, 2014 at 4:11 AM
If there is a custody order, you can file a petition to modify the order and transfer physical custody to you. If there is no custody order, you will need to file an action to establish paternity and to ask for custody. You did not mention the nature of the court date on April 24th. If it is in the criminal matter, you will not be able to address the custody issues at that time.
Answered on Apr 01st, 2014 at 4:10 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes. If this is a parentage action then make a motion for temporary orders and submit a proposed parenting plan.
Answered on Apr 01st, 2014 at 4:09 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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You would would either file the appropriate petition in the family court in the County where the child lives; and/or contact the Dept of Children and Family Services for you local county to have them investigate whether the child is in danger. If you already have a pending family law case, then you would ask the Court to change the existing orders to grant you custody. An experienced family law attorney in your County would be able to review and advise you.
Answered on Apr 01st, 2014 at 4:09 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File a motion or petition to modify custody and child support based on a material and substantial change in circumstances. I suggest you find a local attorney to help you with this.
Answered on Apr 01st, 2014 at 4:09 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should engage an attorney and seek immediate temporary custody of your daughter under the circumstances described.
Answered on Apr 01st, 2014 at 4:09 AM
Bruce Provda
You should speak with an attorney about filing a petition for custody.
Answered on Apr 01st, 2014 at 4:09 AM