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Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Is this consider a threat or am I just being paranoid.

I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More

James L. Arrasmith
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answered on Apr 26, 2024

Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Talking parents app

Throughout our divorce me and my ex agreed that all communication would go through the app unless it was an emergency he could call. What are the rules on replying? Sometimes I don’t even respond because he still tries to control my every move. Now if I’m not opening his messages with an hour... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, co-parenting apps like Talking Parents are often used to facilitate communication between divorced or separated parents. While these apps can help maintain a record of communications and reduce conflicts, there are no specific legal requirements regarding response times.... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: I need to file a motion in contempt for several issues in family court. I need to know how to file for multiple issues.

Violating parenting time order

Violating court ordered therapy for children

Violating initial agreement for living accommodations

Removed my access to children’s medical records

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

A motion for contempt is not a DIY project. You need to consult an attorney with experience in the area of family law in or near the county of the court that issued the orders being violated. It is very easy for an inexperienced attorney--much less a layperson--to fail to satisfy the specificity... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What do we need to do if we feel the custodial parent household is not safe for children.

We have been having difficulty with the custodial household. We have had instances where the child has been neglected in hygine, health, and possible excessive punishments for small things. We have had to get in touch with cps several times and nothing is being done.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You need to hire an attorney with experience in family law to file a Motion to Modify in Suit Affecting the Parent-Child Relationship and ask for temporary orders. I strongly recommend that you stop communicating with CPS unless one of your children suffers a serious bodily injury or medical... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I get my kids for the last weekend in May after school ends?

My papers say that I get my kids the 1st, 3rd, and 5th Friday of every month. My summer possession are as follows I get two weeks in June and two weeks in July. The papers also state that I get them in the summer for my regularly weekend visits, but that is not what I was told when they where... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

First and most importantly, your summer possession schedule is determined by exactly what your possession order says.

Normally, under the standard possession schedule in Texas, you get your weekDAY (typically Thursday) period of possession only during the school year, but you get your...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Father of my child lost custody due to abuse to the mother, me. I currently have a restraining order against him.

I currently have full custody of my child; however, I was recently notified by his parole he has undergone community service. Can I make this permanent? My child will be turning 2 in May.

James L. Arrasmith
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answered on Apr 24, 2024

In California, you can seek to make the current custody arrangement permanent by requesting a long-term or "permanent" custody order from the court. Given the history of abuse and the existing restraining order, you have a strong case for maintaining full custody of your child. Here are... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: do i have to pay child support?

Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a husband accuse his wife of kidnapping their daughter if she wants to leave their house with her as a separation?

The couple can't live together in the same house. Then the mother would like to go to another place with her daughter. But the husband says that what she's doing is called kidnapping. What can the mother do?

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How feasible is it to modify the agreed upon "temporary" child support and alimony?

During the divorce proceedings, we reached a compromise on the TEMP child support and alimony amounts through an agreement, without using the Dissomaster or a judge's ruling. Our marriage lasted four years, and I have made payments for six months. To my knowledge, the temporary custody... View More

James L. Arrasmith
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answered on Apr 22, 2024

Under California law, modifying temporary child support and alimony orders can be challenging, but it is possible if there has been a significant change in circumstances. The court will consider various factors when determining whether to modify the existing orders.

To file a Request for...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: My niece lives in Arizona with her son. At this time they are homeless. My niece has several dogs and will not give them

up. so this makes it hard for them to find a place to live. I am going to be the temporary guardian of my great nephew in Calif. until she can get on her feet. Can i do this without a court. Just a notary with her consent? He is 16 years old. He also has monthly funds that I am assuming will... View More

James L. Arrasmith
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answered on Apr 22, 2024

In California, a parent can grant temporary guardianship of their child to another adult without going through the court system, as long as both the parent and the guardian agree to the arrangement. This can be done by drafting a written agreement that clearly outlines the terms of the... View More

1 Answer | Asked in Adoption, Family Law and Child Custody for California on
Q: can i get custody of my brothers if i only have witnesses and online proof and medical records of parents abuse
James L. Arrasmith
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answered on Apr 20, 2024

Under California law, obtaining custody of your siblings based on evidence of parental abuse involves a legal process where the court prioritizes the safety and welfare of the children. Witnesses, online proof, and medical records documenting abuse can be substantial evidence in your case.... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Is it illegal to share an Alabama custody order in a Florida case that does not involve the same clients
Veronica LaVerne Robinson
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answered on Apr 19, 2024

It may be illegal to share an Alabama custody order in a Florida case where the clients are different if the Alabama custody order is considered confidential by law and a motion that will allow it to be presented as evidence before the Court has not been granted. However, if the foundation has... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: if my home is a toxic place and i am 15 teen and I have a 20year old friend who is willing to take me in and house me

if i text them to take me away form my home to their house could they face legail consequences

James L. Arrasmith
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answered on Apr 18, 2024

In this situation, there could potentially be legal consequences for your 20-year-old friend. In California, it is generally illegal for an adult to house a minor who has run away from home without parental consent. This could be considered "harboring a runaway" or "contributing to... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Is the divorce not finalized and is the permanent custody order not in place?

We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More

2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More

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2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

David P. Badanes
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David P. Badanes
answered on Apr 18, 2024

Depending on how many visits have been missed and the reason the non-custodial parent has missed them, you might have a good case to file for a modification of your prior agreement. There are a lot of factors that go into whether or not your modification petition will be successful. I highly... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex of 18yrs moved out and notarized a document giving me full custody of kids and allowing me to stay in his condo

until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, the notarized document your ex-partner signed granting you full custody of the children and allowing you to stay in his condo until your children finish college can be helpful in court proceedings, but it may not be legally binding on its own. Here's what you should... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Determining the Effective Date for Modified Support Payments After a Change in Income During Divorce?

During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:

1) Retroactively from the time the income changed,... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:

1. Retroactively from the time the income changed: Generally,...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: What does it mean that the judge ordered the Trial Setting Conference off calendar this date.

I am the respond to a custody case. The following sentence was entered into the minute order after today's trial setting. What exactly does this mean? The petitioner did not show up and neither of us submitted the trial briefs or exhibit list.

"The Court therefore finds that... View More

James L. Arrasmith
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answered on Apr 17, 2024

When a judge orders a Trial Setting Conference "off calendar," it means that the scheduled conference is being removed from the court's calendar on that particular date. In other words, the Trial Setting Conference will not take place on the date it was originally scheduled.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Do Temporary supports influence final judgment?

Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:

1. The length of the marriage

2....
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