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David Jonathon Steerman

David Steerman’s Answers

4 total

  • How many times does a noncustodial parent have to miss visitation before it can be removed?

    My ex-husband has visitation every Saturday from 2pm-6pm. He has not seen the kids since Christmas Day and it's now January 30th. He was served a personal protection order on December 30, 2010 but it didn't effect the parenting time and only prote...

    David’s Answer

    Each state is different so it is always best to confer with a qualified family law attorney in your state and in the county which your case is pending to find out how they would handle the custody situation you have presented. In PA and NJ the states in which I practice family law, the courts always look at the best interest of each child. Generally speaking the courts I practice in find that it is detrimental to a child's health and well being to be made to go to a supervised visitation week after week only to find that their other parent is not going to show up. As a result, you should be making a report out in writing with the local police district or if there is a court representative involved, that person, to confirm that there is an ongoing pattern of no shows for the ordered visits. The pattern you have described should certainly be taken into consideration by any court when being asked to modify/vacate the current custodial visitation schedule you have described. Best of luck. - David Steerman

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  • I live in California and I want to move my son with me to Texas. My husband is in the military and is stationed there

    My son has always lived me visiting his dad over night every other weekend and every other sunday. My sons father has had past problems with drugs and alcohol. He still drinks at times when our son is in his custody. He has psychological issues ...

    David’s Answer

    The current situation you are describing is what is commonly referred to as a custody relocation. This past week Pennsylvania's new custody statute was enacted and there are clearly defined rules and procedures that a parent needs to comply with before you can successfully move from Pennsylvania. The rules and procedures are in effect as of last week and it is very important that any parent in PA reads and follows them in order to insure that a move like the one you describe in CA can not be overturned/reversed. I would need more specific details about your case before I would be comfortable giving an opinion on the likelihood of your success on a request for a relocation. Although it is from the early 90s, the Pa. Superior Court case of Gruber vs. Gruber clearly sets forth the type of inquiry the court makes when dealing with a request for relocation. I highly recommend that you review the CA custody statute and any case law unique to CA custody relocation. As always, it is best to meet with a competent family law attorney who practices in the state and family court where your case is located. Best of luck. I am not licensed to practice law in CA so you should certainly keep that in mind when reviewing my response. - David Steerman

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  • I live in California and I want to move my son with me to Texas. My husband is in the military and is stationed there

    My son has always lived me visiting his dad over night every other weekend and every other sunday. My sons father has had past problems with drugs and alcohol. He still drinks at times when our son is in his custody. He has psychological issues ...

    David’s Answer

    The current situation you are describing is what is commonly referred to as a custody relocation. This past week Pennsylvania's new custody statute was enacted and there are clearly defined rules and procedures that you need to comply with before you can successfully move your son to California. The rules and procedures are in effect as of last week and it is very important that you read and follow them in order to insure that your move with your son can not be overturned/reversed. I would need more specific details about your case before I would be comfortable giving an opinion on the likelihood of your success on a request for a relocation. Although it is from the early 90s, the Pa. Superior Court case of Gruber vs. Gruber clearly sets forth the type of inquiry the court makes when dealing with a request for relocation. I highly recommend that you review the new PA custody statute and read the Gruber decision. As always, it is best to meet with a competent family law attorney who practices in the family court where your case is located. Best of luck. - David Steerman

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  • I have primary custody of my daughter. I have a pfa on him can i go for full custody because he keeps violating and threathen me

    she on the pfa and he has her sunday thru tuesday

    David’s Answer

    I assume by "him" you are referring to your daughter's Father. Regardless of your PFA, custody is always modifiable in the best interests of a child or children. If the PFA violations are detrimentally impacting the health safety and welfare of your child/children you should certainly consider filing for modification. I highly recommend that you consult with a competent family law attorney who practices family law in your area before you expend a lot of time, energy and/or money pursuing a change in custody if the facts of your particular situation are not likely to be sufficient to warrant a change. You should have an attorney carefully explain the definitions of custody ( legal and physical ) before taking any action as it may result in your daughter's father seeking a change in custody as well. Good luck. - David Steerman

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