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Darya Jeffreys Klammer

Darya Klammer’s Answers

4 total

  • I live in Ohio, my 2 year old son has resided with his mother and her mother's house. She now decided that she is going to sign

    She moved out of the house, left my son with the grandmother and is now wanting to sign over custody to the grandmother. Are they allowed to do this, even on a temporary basis, without my consent? This is ridiculous. She don't want to be a mom, bu...

    Darya’s Answer

    The Mother does not have greater rights than the Father; however if you have not been to Court to have your rights established, your rights aren't recognized. Once court proceedings have commenced you should stand in equal footing with the Mother.

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  • Daughter is 14, resides with dad as custodial parent. Mother moved over an hour away, and now wants to change custody.

    I am residential parent of my 14 year old daughter. Mother moved over an hour away a few years ago, and now wants to change custody so she is residential parent. I don't want this. Daughter is doing well in school, but has spent the last few week...

    Darya’s Answer

    This question seems to come up a lot on AVVO. Either parent can always motion for a change of custody if you can establish a substantial change of circumstances. That, of course, will require consideration of the circumstances that existed when your current custody arrangement was established. Often the existing custody order will include a what is typically referred to as a residential restriction provision which will restrict the ability of a parent to move from other than to adjacent counties or within a designated radius. At the age of 14, the Court will certainly consider your daughter's opinion, but the change of circumstances will still be an issue - especially if the parties do not agree. Whether you need an attorney may depend on large part what you decide it is you want to accomplish.

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  • Would I be able to fight for custody if the custodial parent wants to move in state but over an hour away?

    I had given my ex boyfriend, father of my son temporary custody verbally when I lost my apartment. we went to court he got primary physical, and I got visitations. I have since moved closer to my son (3 years ago) graduated from college (which kep...

    Darya’s Answer

    Yes, you can always motion for a change of custody if you can establish a substantial change of circumstances. That, of course, will require consideration of the circumstances that existed when your current custody arrangement was established. Often the existing custody order will include a what is typically referred to as a residential restriction provision which will restrict the ability of a parent to move from other than to adjacent counties or within a designated radius.

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  • How long will a custody case take? I am 16 and my dad is filing for custody of me because my mom's house is not livable for me.

    My mom is okay with me living with him.

    Darya’s Answer

    Things could move quickly if all parties agree. They will likely move more smoothly if you have the assistance of a lawyer. Depending on the circumstances of your parents' prior relationship, namely whether they were married; whether parentage was established; the terms of child support; etc.; there could be some issues that should be addressed from the outset to be most efficient. It is possible to file what is typically referred to as a joint motion for the allocation of parental rights and responsibilities.

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