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Rose Marie Eberhart

Rose Eberhart’s Answers

25 total

  • How do i enforce a parenting plan

    the father got a visit and is now refusing to return the child

    Rose’s Answer

    To get the child back sooner, if your parenting plan is clear where the child is suppose to be at this point, you could also file a police report about custodial interference. But that may escalate his behavior.

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  • I have a son from a previous marriage and have remarried. Can my current husband gain Third Party Custody?

    I am the custodial parent and lives with us 90%. Exhusband isn't financially able to take care of my son if something happens to me. I want to make sure he can live with my husband if something were to happen to me. I am a non US citizen with a ...

    Rose’s Answer

    • Selected as best answer

    If you die before the child turns 18, your husband can file a 3rd party custody. But he would have to prove the biological father is unfit. That is assuming that biological father will even want the responsibility of raising the child. If this is something that keeps you up at night, start a fund now for paying the legal costs, and keep a journal about the things that make you concerned about the biological father. Keep in a place your son can't access and never talk to your son about it.

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  • What forms do I need or how do I go about requesting my mother be mentally evaluated?

    I'm in a custody battle for my children with my mother, brother and his wife. My mom has been borderline suicidal since my father passed away 3 years ago. My brother is a veteran and has PTSD but lied on the test so he didn't have to have it "offi...

    Rose’s Answer

    I am guessing that this is 3rd party custody case. If so, your focusing on the wrong thing. Third party custody is about your fitness to be a parent. They have to prove your unfit. If you can show that you are fit to be a parent, they lose. Simple as that. Look at what they are asserting make you unfit, and either show why it isn't true, or do the work to fix the problem.

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  • Can CPS give temporary custody of one of my kids away when they aren't in the system?

    Following the worker taking my little girls, she gave temp custody of my 16 yr old to my sister who was out of state at the time. She also told my sister I could visit her anytime, but has to be supervised. How can she do that? And she has never s...

    Rose’s Answer

    There is a lot of information missing that would help get you better answers. Probably the short answer is to sit down with an attorney who does dependency. CPS can't give custody to anyone absent a court case or your signing a Voluntary Placement Agreement (VPA). FYI: You can revoke a VPA, but it will probably result in them filing a case. The benefit of there being a case, if you can't afford an attorney you'll get appointed one. One down side to a case, it might take longer to get the children back. But maybe not. CPS is like any group of humans, there are good ones, bad ones and mediocre ones. They don't always do what they are supposed to do.

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  • Im fifteen and i was wondering if i am able to choose who i want to live with.

    my mom doesnt have custody of me nor does my dad hes been in prison most of my life and his too. and i just dont want to live with him. i dont want to live with the grandma i am living with now because i dont want to. i have my reasons but they ar...

    Rose’s Answer

    If there is an open case, you should be able to get counsel for yourself appointed by the state. That counsel can advocate your wishes, but whatever your private reasons are, they will not remain private. There is not enough information here for us to be able to tell why you were placed with that particular grandparent. There might be issues for why that one over the other. I would suggest talking to your casa, and asking for your own attorney.

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  • I am looking for some help to try and get my 13yo to live with me as i know my younger kids cannot because of their age.

    I am a single father that has no custody rights because of a case involving our youngest daughter in which I was tried for abuse. The case was dismissed because no fault of my abusing, but since no one new what happened, I cannot be around my kids...

    Rose’s Answer

    Along with proving that you are more stable, you will need to prove that you have dealt with the previous issues you had. If the order that granted you supervised visitation ordered you to do anything else, I would suggest following through before you file any modification paperwork.

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  • Accidentally planned a trip over fathers day and according to the plan child is supposed to be with dad on fathers day.

    Sent her dad an email in April telling him about the trip in June. After a couple of weeks and not receiving an objection ordered airline tickets that are non refundable. Just realized the trip is over fathers day and her dad is making a huge issu...

    Rose’s Answer

    Stop. Pull out parenting plan. Check priorities. There should be a numbered list of what is important. Some people put the parties vacation as most important, Some people put special occasions as number 1, or even the holidays.

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  • Do minors have rights?

    My 16.5 year old daughter has in effect run away from home to live with me, now with the courts 30 day agreement. She does not want to have to visit her mom anymore. At school she was told she could seek representation as a minor to seek from the ...

    Rose’s Answer

    The school officials may have been talking about emancipation. But she has to be able to show that she can support herself to get emancipated.

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  • What happens in a child custody case when the respondent fails to follow the case schedule?

    In a family court trial, the respondent has not adhered to the case schedule and has not submitted or served any exhibitory documents. I have followed the case schedule and submitted required documents in a timely manner. With trial coming up in...

    Rose’s Answer

    Be prepared to present your case. Object to any witnesses the other side wants to present, but do not argue with the judge. If the other side has ignored the case schedule, there is a chance the other side will not show. If the respondent doesn't show, then you need to testify why what you want is in the child's best interest. When the Judge asks you questions, listen closely and answer what was asked.

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  • Moving out of state during a custody battle case?

    My uncle whom is in jail is transferring to a different facility out of state in about 8 weeks. My mom who is his sister wants to be there to support and be able to see him often because the rest of our family lives in Asia. (My mom and uncle came...

    Rose’s Answer

    Since you are already in the middle of a parenting plan case, you probably should do a notice of intent to relocate. Get the issue out to the court to have it dealt with now. If your planning to move, PLAN. Find a job, where are you going to live, what resources are available to you and the child. Why would living there be better then living here. Contact with the Uncle is not going to be an important factor for this child.

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