Archived
How do judges determine custody when there was a history of domestic violence in the parents' relationship?
Mary Katherine's answer
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Answered on October 03, 2016
Judges determine custody based upon the best interests of the child. Domestic violence between the parents is a factor the court's may consider...
Archived
Can I pick up my child from his grandparents?
Mary Katherine's answer
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Answered on October 03, 2016
She probably is required by law to turn the child over to you if there's no custody order. That said, if she disputes your authority, the police...
Archived
Can one parent have the other removed from the house before custody hearing/final decision
Mary Katherine's answer
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Answered on October 03, 2016
Getting someone "removed" from their home is not an easy thing to do. It is doubtful that just because you are the only person listed on the deed,...
Archived
What if my childs father move to a different state and wants to see her and does not return hers?
Mary Katherine's answer
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Answered on October 03, 2016
You have the right to have your child returned to you unless there is a court order saying otherwise. Assuming there is not such an order, and if...
Archived
Can I ask for change of custody based on number of overnights and involvement
Mary Katherine's answer
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Answered on October 03, 2016
It depends upon how and when you make your argument and all the other circumstances of the case and its procedural history. As you probably...
Archived
Is it possible to avoid the Judge who presided over your divorce case by filing a change of custody in Family Court?
Mary Katherine's answer
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Answered on October 03, 2016
It depends upon the Order from the Supreme court. If that court retained exclusive jurisdiction over the case, or you want to file a petition in...
Archived
Can I be made to have custody of my child?
Mary Katherine's answer
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Answered on October 03, 2016
No, you cannot be forced to take custody; however, you should discuss with an attorney directly the consequences, if any, of a refusal to do so.
Archived
Who can/should serve the child custody petition papers to the respondant
Mary Katherine's answer
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Answered on October 03, 2016
A party to the case is not permitted to serve papers. I suggest you get a process server to do it. A professional process server is not always...
Archived
Protective order against child's father, and custody argument
Mary Katherine's answer
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Answered on October 03, 2016
You should speak with an attorney near you directly (you can find attorneys by searching among the profiles on Avvo) to get some specific advice on...
Archived
How the child custody cases start?
Mary Katherine's answer
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Answered on October 03, 2016
A custody case begins with a petition, usually in Family Court, but sometimes in Supreme Court if there is or has been a related divorce case.