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Aashish Kumar Nangia
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Aashish Nangia’s Answers

7 total

  • Consequenses of taking my children under 18 to live in another country while legally married without father consent

    father has mental illness

    Aashish’s Answer

    It would be a very bad idea for you to do that without the father's consent or a court order permitting you to do so. The father could file a writ to have the children returned to the United States, you could be arrested, and the children could be placed with the father. If you go to a country that is a member of the Hague Convention, they are under a duty to do what is necessary to have the children returned to their home country.

    If you are serious about moving to another country with the children, do it the right way and save yourself a potentially big problem.

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  • Am I obligated to change the custody order when the non custodial parent cancels or demends a different time?

    My ex and I have a 5 year old son whom I have primary custody of and we share joint legal custody. She gets him for visits every other weekend for 48 hours and some rotated holidays. She is scheduled to have our son this weekend starting at 6pm Fr...

    Aashish’s Answer

    You are under no obligation to deviate from the underlying order and its terms. If her visit is supposed to begin at 6pm pursuant to your order, then that is what controls. She must follow it. You can allow her the additional time if you so choose, and you do not need to worry about changing the order for a one time deviation from its terms. You should be careful however, in altering the terms of the order if you and the child's mother do not get along. Substantial changes to the order on your part may open the door for future modifications by the court which may not be in your favor.

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  • I have full custody of my son, how do i stop visitation frights from a father who doesn't do anything for my son

    i have all the obligations to care for my son and this guy that does nothing gets visitation rights because he claims he wants to see my son, but when he had the chance to for five months he always dumped my son on someone else or didnt even ask t...

    Aashish’s Answer

    Many people have a complaint similar to yours, however visitation is not something that is terminated by the court unless the visits are no longer in the child's best interests. If the father is not contributing financially for the child, you should file a child support case in family court. The father will most likely be ordered to assist you financially to meet the child's needs.

    If the father is not the person enjoying the visits, but is rather leaving the child with other people, you should ask him to stop doing it, and if he continues, you might seek court assistance by filing a petition. The visits are for the father and child, and although he may bring the child to see friends and relatives, he should not be dropping the child off and leaving.

    Good Luck.

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  • I work p/t, live on my own and receive food stamps. The father is a firefighter who lives with his mother. Can he get custody?

    Single mom, 2 children. working part time. Can not afford childcare. do not receive child support from either father. Receive food stamps. Have roommates to help with rent. i make 1/3 what he makes. He lives with mom and just graduated the academ...

    Aashish’s Answer

    As a general rule you should understand that joint custody will rarely be awarded if both parents do not consent to such an arrangement. The court wants to see that both parents get along well enough to make joint decisions for the children. As for who would win custody, the factors you listed above may be considered when the court determines what is in the best interests of the child, however the factors you listed are not the end all be all. The court will consider the desires of the children depending on their age, and will consider many other factors besides the incomes and jobs of the parties. Remember that the court will determine what is in the best interests of the children and consider the totality of all circumstances pertaining to this standard. If you object to joint custody and set forth the reasons for doing so, it will most likely not be ordered. But if joint custody is a viable option for you, you should consider it if you think it is best for your family.

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  • Do I need the father's permission to take child on a family vacation to Peru

    The court "Ordered that custody of the subject children shall be with the Petitioner-Mother; and it is further" " Ordered that the Respondent-Father shall have one weekend a month visitation wityh the children in......and other reasonable rights o...

    Aashish’s Answer

    Generally speaking, you will not need the permission of the court to take the children on a vacation in or out of the country as long as yourself and the children have not been ordered by the court to not leave the jurisdiction. As you note in your question, the father has visitation rights with the children so he is entitled to one weekend a month but the question is which weekend and how does the designated weekend get set. That being said, as long as you are not violating his rights to visitation there should not be a problem. It may be best however, for you to notify the father of your plans and provide him with an itinerary for your flights and hotels etc. You do not want him to think that you have left for an indefinite period of time or have decided to relocate. If you are planning on relocation of any sort, you will need his permission or that of the court.

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  • Made a ecommerce site - but client is not paying. What are my options?

    We made an ecommerce website for one of the clients. There were some issues in the code - but we worked on it and resolved it. But when we asked for payment, client is saying he will not pay as the issues caused him financial loss. What are my op...

    Aashish’s Answer

    You should file a case in smalls claims court as long as your suit will not be more than 5,000 dollars which is the maximum limit in small claims. It sounds like your case has merit. There is a theory in contract law called substantial performance. This means that if you substantially completed the job, and the remaining problems with the site were minor or resolved, then you might be due the full contract amount. It seems as though the site you created is working fine from what you describe above. Simply file a case, and when you appear in court, bring all pertaining documents and proof to show the court. The filing fee is not much, but be ready to dedicate a few nights to sitting in court.

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  • My son has been living with us for a few months and we have not filed papers to change the custody. Can his mother contest them

    We are concerned that his mother will change her mind and we will have to go to court. I am wondering if a judge will force him to go back and live with her. He is 13 and wants to stay with me.

    Aashish’s Answer

    Your son's mother can indeed change her mind if she chooses to do so. Whether a court will send the child back to her is another question. Being that the child is 13, he will most likely be assigned a lawyer who will represent his interests in court. If he wishes to stay with you, his lawyer will represent this to the court and the court will consider his choice considerably. The legal standard is what is in the best interests of the child. Many factors can determine how a court will rule, such as how the child came to live with you, the fitness of each parent, drug or criminal history etc. You can file a petition for custody in the family court, or you can keep the child, and if the mother wants him back, she can also file a case. Hope that helps.

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