Cara Santosuosso’s Answers

Do I have any additional rights as the residential parent but 50/50 custody when it comes to isolating during the Pandemic?

Cara’s Answer

• April 21, 2020 2:16pm

This is a great question. In general, the directive we are getting from judges and courts is to continue with scheduled parenting time per existing parenting plans, whenever possible. A court order is a court order, even in times of emergency. However, if one parent is not complying with the stay at home order, that may give rise to an safety issue for the children, and may require a modification of existing orders. Seek the advice of an experienced lawyer to determine how to handle your unique situation - the courts are addressing motions, even during this difficult time.

How do I go about child abandonment and adoption basically.

Cara’s Answer

• November 14, 2018 6:58pm

You may be able to pursue a step-parent adoption without needing the biological father's consent. Contact a lawyer right away to see how to start those proceedings - waiting could reset the time requirements as to your case.

Will I have to pay support?

Cara’s Answer

• April 2, 2018 5:44pm

It's not a great idea to stay in legal limbo if you don't have to. If you're wary of litigation (and that's a reasonable position!), there are alternative dispute resolution options that could help you work things out with your wife in terms of a parenting schedule and dividing your assets while spending minimal time in court. A good attorney can help you explore these options, but I wouldn't recommend just leaving things as they are indefinitely.

Good luck! Let us know if we can be of assistance to you.

My ex has taken you daughter out of state with out telling me. What can I do?

Cara’s Answer

• September 15, 2015 6:42pm

If your spouse is in violation of a court order, you may file a motion asking the court to hold him in contempt of court for doing so. Penalties can include fines, a change of custody status/schedule, and/or incarceration. In some cases, you may ask for your attorney's fees to be paid by your spouse for having to pursue such a motion.

Alright, I went to mediation to try and get visitation, She was a no show..

Cara’s Answer

• February 18, 2015 8:25pm

If you have already filed an action to establish paternity and/or custody/visitation rights, you could try an emergency motion for immediate parenting time, given the fact that she is denying access to the child. You need to consult a local attorney about that sort of interim motion.

Does a CPO keep me from entering my home when my spouse is at work?

Cara’s Answer

• February 18, 2015 8:22pm

Assume the answer to your question is yes. Then, take the CPO to a local attorney and discuss your specific rights and obligations under the order. If you are under a "no contact" order, the best policy is to have nothing to do with the other person or their residence.

I would like sole custody of my children. My soon to be ex husband has been cheating with this woman who is very violent.

Cara’s Answer

• February 18, 2015 8:11pm

Do you have a temporary protection order in place relative to the criminal cases? If not, you could also seek a civil protection (stalking) order, if the situation warranted it. Please consult an attorney in your area for further advice.

Visitation 'at the discretion of' custodial parent

Cara’s Answer

• February 18, 2015 7:48pm

Whether the custodial parent has to file an intent to relocate depends on the terms of the parenting order. Where visitation is "at the discretion" of the custodial parent, enforcement of a certain schedule - or of visitation at all - sometimes can be tough. I would advise seeking a more structured, and more easily enforceable, plan for visitation / contact, even for an incarcerated parent.

Do I need an attorney?

Cara’s Answer

• February 18, 2015 7:45pm

This depends on what the title of the car says about who holds ownership. If you are not the titled owner, but have been making payments, and the titled owner got some benefit from you making those payments, you may have a civil action against the titled owner. But, without more information I could not comment on that further. In general, however, the person holding title to the car has the right to possession of the car.

I want to take my kids from where I live in ohio to Pa for part of my vacation I left an Itinerary. she said it was okay

Cara’s Answer

• June 19, 2014 8:59pm

An email should be just fine, as long as there are no provisions to the contrary in your court order regarding parenting. Just make sure to keep the email and your order with you, just in case there is a question while you are traveling. Safe travels!