Jeffrey Cyrus Mirsepasy's Answers

Can a 16 year old petition the court to move out of alcoholic father's house?

Minors are generally not "competent" to testify, but any living person can have his or her interests addressed in court. In this case, it could mean being represented by a "guardian" or "guardian ad litem." In practical terms, the fasted way to get movement may be reporting the situation to school counselors, police, or child protective services as suggested elsewhere. Or hire an attorney to do it. Jeff Mirsepasy

Could I get this family custody case dismissed?

I think you are wasting your time. Short of an unlawful break-in, personal service is normally going to be proper. You may have a beef with the military but in terms of a state family law case, I don't think the judge is going to care much how sneaky the process server was.

Is it possible to grant joint custody to a parent who resides out of state from the child?

As stated, "joint custody" in general means joint legal custody or equal physical residential time. Joint legal custody basically means equal decision making, which does not require that the parents live in the same location. You need to do all you can to be represented by counsel, and do not hesitate to ask the judge for more time to obtain counsel if you are unable to find an attorney by the date of your hearing. Jeffrey Mirsepasy

1 lawyer agreed with this answer