I have served my daughter's mother papers for custody of my daughter and now her mother is limiting my time with our daughter from four days a week to two days a week. I believe she's doing so as a last attempt to hold onto full residential custo...
If you've recently filed and served the custody petition, you should have a court date very soon for return of service. At that time, make sure that the court issues a temporary order of visitation. That can be done on the custody petition. You don't have to file a separate visitation petition. Good luck with everything.See question
Our family takes vacations now and again. My husband and I planned a vacation long before we knew my baby cousin was in foster care and were asked to get her out of the care of foster parents, so she would be with family and closer to her other si...
If you step forward and become foster parents, you may travel on vacation with the child if it is approved by CPS. You should let the caseworker know well in advance and they will specify what information they want in order to feel comfortable that the child will be in a safe environment. Sometimes, the bio parent objects to the child being taken out of state and, in some cases, the foster parents may be required to leave the child temporarily with another foster parent.
If you become foster parents, you are not given custody (in the legal definition of the word). "Custody" is granted to the social service agency in your locale. You are temporary caretakers while the parent(s) work toward regaining custody. You may be deemed a pre-adoptive home---in which case, if the parents do not completsuccessfully complete their service plan and their rights are terminated, you may adopt the child.
I strongly recommend that you consult with a local family law attorney to make sure that your interests are properly represented in court.See question
my husband video taped me confessing that i was sexually abused as a kid. Can he use this tape in court against me? it was recorded in our home either in the kitchen or bedroom the two places we had this conversation. I believed it to be private ...
I agree with my colleagues. While the recording itself is legal, the fact that you were abused has no relevance to your fitness as a parent. Moreover, as Mr. Zaslavsky points out, it will reflect mor negatively against him as a parent who would secretly record the other parent and try to use something like that against her.See question
I have sole legal custody of our children. My ex has visitation. I also have an OOP against him. He gets the kids two weeks in the summer. He told me he would not be able to take the kids for his scheduled second week of vacation because he was le...
Make sure that you are in compliance with the terms of the visitation order. Also, make sure that you have a copy of the order with you when you go to pick up the kids. If he calls the police, show the officer the order. The police may counsel him to return the children or they may tell you that you have to go to court. They will not physically remove the kids and return them to you. If the father doesn't return the children, go to family court and file a violation petition.See question
Because i got arrested for driving drunk (unfortunate isolated incident) with my child in the vehicle during a custody case and my lawyer at the time advised me that was the best thing for me to do. Because of the dwi there was an order of protect...
Unfortunately, you are going to have a very difficult (near impossible) time getting custody of the child right now. Complete your services and work on maintaining/ repairing your relationship with the child. Also, there are serious legal issues with recording a conversation between two people without either one knowing that they are being recorded. It would also be problematic if you convinced the child to record her conversations with her father. I would vehemently discourage my client from offering such evidence. Speak to a lawyer before you do or say anything to anyone.See question
I want to leave my husband but he wouldn't let me take our 2 kids. And I want to take them with me no matter what
Absent a court order stating otherwise, both parents have equal rights to custody of the children. You will not be arrested for taking the children. I would advise that you immediately go to Family Court and file a custody petition. A temporary order of custody would prevent the father from taking he children back. Don't wait for him to file first. Good luck.
In may 2015 I was finally able to afford an attorney to fight for my visitation rights with my daughter who is currently 7 years old. Since June 2013-May 2015 I had supervised visitations because I originally lived in VA and was able to move to N...
I agree with my colleagues. No one here is in a better position to advise you than is your current attorney. He or she knows the factual details of your case, as well as the strength of the evidence that you have to present to the court. Litigation is an expensive and stressful endeavor, and it is made worst by the long delays that are often the norm in family court. You have to decide if it is worth it to pursue your case. Keep in mind that, even if you settle now, if there is a change in circumstances, you can file again in the future.See question
In 2015 I filed for sole custody of my 9 year old son (substance abuse, violent home life- lived with other men). 2 weeks later she filed for divorce, asking for sole custod of my son and the house. I am contesting it, because I`ve been told tha...
As a general rule, courts will not issue an order of joint custody without the consent of the parties. Joint custody requires a great deal of cooperation between the parties. If there is a history of DV, even in the past, that required the issuance of an order of protection, it is very unlikely that the court would order joint custody. That seems to be the basis of the 18B attorney's opinion. I tend to agree with him/her.
It sounds, from the information in your question, that the two of you are already living apart and the child is with your spouse. The standard in any custody litigation is the best interest of the child. It is possible that you can prevail on the issue of custody if you can meet that burden. It is more difficult if the child is already in the sole physical custody of the mother and he is doing well.See question
I saw your article, I was hoping for some advice, cps has called me twice, over the weekend and I spoke to them over the phone, the worker said that I can go the hard way or the easy way, and co-operate with them by letting them see my 16,13 and ...
My best advice is that you cooperate with the CPS investigation. You indicate that your husband has not abused the children. Therefore, nothing should come of the investigation. If you have any concerns, don't answer any questions about the specific incidents but don't prevent the case worker from speaking to and observing the children. You can consult further with an attorney if you have any more concerns.
Ive had legal residency custody with join custody since my daughter was 18 months she is now 5. Her mother left her to go to Miami, for 25 months. She moved back in July 2015, I put her on Child Support in August 2015, she is now fighting for cust...
I stress as vehemently as I can that you should consult with an experienced family court attorney before going to court and entering into any agreement with the child's mother. While I generally encourage parents to try to reach an agreement with regard to the custody of their child, there are some obvious problems in your scenario.
First is the fact that the mother moved away from her child in the first place. This is even more problematic when, as you say, she left another child in Florida and returned to NY. There are serious questions regarding her stability and fitness to parent a child.
Second, the custodial arrangement that you describe is one that presents some problems currently (the child not having one stable primary residence), but it will prove totally unworkable once the child starts school. Whether it is pre-school or kindergarten, the arrangement will become unworkable as well as unhealthy for the child. You will then be forced to return to court and have the burden of arguing a change in circumstances to get the order modified. At that point, there is a possibility that residential custody to the mother may be in n the child's best interest. Why put yourself in a position to have to relit irate custody in the near future.
Please speak to an attorney now. Be prepared to litigate if the mother does not want to work out an arrangement that is more beneficial to your child at this point. You are in a stronger legal position now than you will be two years from now if you enter into the agreement that you proposed.