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Christopher Joseph Tamms

Christopher Tamms’s Answers

1,920 total


  • Can I fight her decision and find that she was neglect in her decision to move the kids 1200 miles away?

    My children were placed in foster care in Ohio with a case plan that allowed visits and the goal was reunification. After one visit that went good, an order was granted giving the parental grandmother temp custody and allowed to move the kids to F...

    Christopher’s Answer

    If the grandmother was the only person to whom the Court felt comfortable granting custody, they have to do what is in the best interest of the child. If the relative or parent wants to move, the Court cannot stop them, they can only stop the child from going. However, if the child is doing well with that person, the best interest would seem to be that they go. This could be the reasoning that the Court used. Regardless, you need to speak with a juvenile / family attorney immediately. Legal custody is designed to be for the long term, but you can still petition the Court. If nothing else, you are likely entitled to parenting time with your child.

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  • Do I have a right to modify Alimony paid due to wife not complying with order to pay for vehicle?

    I was divorced in 2013, my wife was awarded a vehicle that the loan was solely in my name, with the order that she is to make and pay for all payments and maintenance. The decree did not require her to refinance into her own name. She also was awa...

    Christopher’s Answer

    You can file for contempt and requires that she reimburse you for the cost of the vehicle, but if you received the vehicle, that has some value. You can ask the judge to modify alimony or in the alternative order that she pay you value of the payments you've made. The Court may then give her the car.

    The Court may not even have the power to modify alimony. If your divorce decree doesn't reserve that power, the Court cannot modify it even if they wanted to because they won't have jurisdiction. Your first stop should be to read your decree and see if such a power is reserved. If it is, talk to a lawyer.

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  • What are my chances at a show-cause hearing/trial?

    My son's school was based off his father's residence so long as father remained in the agreed upon schools district. We alternate weeks. He had voiced to me a week after the hearing ruled that decision that he wanted to move to a different schoo...

    Christopher’s Answer

    It depends entirely on what your court order says. If he's the residential parent he has a right to determine where the child goes to school as long as he files the appropriate documents with the court regarding relocation and follows any court orders / shared parenting plans (if applicable). Most court orders don't necessarily require a parent to remain in the same district, but some definitely do. I think you need to bring a copy of your court order and have a discussion with a family law attorney.

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  • Does a great-aunt have any legal rights regarding visitation of a child?

    I have been a large part of my great-nephew's life for 10 years. His mother is now in an abusive relationship and has cut off contact with the family thus isolating him from the family he has always counted on to be here for him. Is there any le...

    Christopher’s Answer

    Before custody can go to a non-parent, parent or parents must be found to be unsuitable. That goes beyond best interest. Best interest is used after an unsuitability determination. Unsuitability is very VERY hard to prove as parents have a paramount right to raise their kids and even if you could do it better that doesn't entitle you to custody of someone else's child. I agree that you need to consult with a lawyer on this.

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  • I'm thinking of becoming a parent. What liability do I have as a parent.

    For example, I head on the news that a woman left her kids at home alone for a night, the house burns down, the kids die, and she goes to prison for four years.

    Christopher’s Answer

    It depends on the circumstances. Parents are definitely liable for the safety of their children. It's not strict liability generally, but a parent is not allowed to abuse or neglect a child. There are also circumstances where reckless or even negligent behavior can bring about parental liability, both criminally and civilly. That having been said. I don't know of anyone who has chosen not to have a kid over these issues. The Supreme Court of the United States has also held that parents have a right to raise their kids as they see fit (within reason), so this country does generally respect the rights of parents.

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  • I have a shared parenting plan and my son father keeps leaving my child alone with third parties (neighbors, friends, etc),

    This was not a part of the agreement and my child has asthma. The agreement is that I am the first baby-sitter and I am susposed to know where my child is at all times. The father is not complying with neither provisions. He will pick u...

    Christopher’s Answer

    • Selected as best answer

    The so-called "right of first refusal" is among the most difficult provisions to enforce in a shared parenting plan because it requires the compliance of the other party. Let me be clear, unless the Court Order says differently, the child's father is generally allowed to have the child in the physical custody of other adults (family members, the parents of the child's friends, neighbors, etc). Whether such an arrangement is "contempt worthy" depends on the circumstances. For example, if he sends the child to a friend's house, is the child merely having fun with the friend, or is the father abrogating his his custody in favor of another person? What if he goes to the grocery store during that time? What if the friend invites the child to go to Ceader Point? When the child is at grandma's is she providing child care or is it merely a planned visit to a family member? A right of first refusal isn't meant to keep the child from ever being outside the custody of a parent, rather it's (as you say) meant to utilize the other parent as the babysitter of first resort when child care is needed. I would organize the times and circumstances that you contend he violated the Court's order (after rereading the order to see what it mandates). Try to envision what his argument would be, not just your own. After getting the individual issues straight, I would consult with a local family law attorney to see how the court might receive such a filing.

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  • My son is in the army national guard. He was divorced a little over year ago. He has been to two attorneys he had to

    Borrow money. Neither have helped him with getting his kids. His ex-wife is even braking the law keeping him from the kids even when it is his time. He has told his lawyer and he does nothing. Please tell me how to help him.

    Christopher’s Answer

    If your son doesn't like his attorney, he should fire them and get another. Bear in mind that not every violation of the court's order warrants a contempt filling. Quite frankly, the attorney may know better than you or your son the customs and predilections of the local judiciary which is definitely something to be taken into account. Furthermore, keeping the kids when it is "not her time" as you say is generally NOT a violation of the law, but rather a issue of civil contempt. Every judge has different feelings about when it is appropriate to file. Your son needs to communicate with his attorneys about what the goal is and what the steps to accomplish that goal are. Communication is key, and not every attorney / client relationship works.

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  • What I can do about this until I can contact the right person

    my kids normally live in Genoa Ohio with there mom, The moms boyfriend told my 9 yr old the next time the cops show up after they leave he will sit on my daughter and punch her until she can no longer breathe, on 9-16-15 the kids went back to moms...

    Christopher’s Answer

    You can get a civil protection order against the boyfriend on behalf of the children or you can simply file for emergency custody of the children.

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  • In my custody order it states no parenting time ordered. What does this mean?

    I was given sole custody, the father wants visitation

    Christopher’s Answer

    If you're the mother, in Ohio you have sole custody automatically. The father has to seek parenting time, shared parenting and / or custody from the local juvenile court or he has not rights.

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  • If my wife has a child with another man while we are still married, am I legally responsible for the child

    Na

    Christopher’s Answer

    You are legally presumed to be the father. You can have a paternity test done on the child to show that you're not the father, which I highly recommend.

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