Archived
Is emancipation automatic or does one have to seek court to decide? Interested for info for both NY and Virginia.
Ralph's answer
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Answered on September 23, 2013
If your son testified that he lives in VA and is emancipated according to VA law then logic would dictate that you are no longer under an...
Archived
I have a custody order in place, however the child and my ex are refusing to comply. My ex is refusing to communicate.
Ralph's answer
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Answered on September 18, 2013
One important fact that you did not include is the age of the child. If the child is 8, going to court might help. If the child is 16, more...
Archived
"custody trial"
What is my best course of action if i cannot afford to travel out of state for custody trial?
Ralph's answer
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Answered on September 18, 2013
I once represented a mother who had moved to Georgia (assigned counsel) and she appeared by telephone throughout the custody case (even after she...
Archived
Can I get a restraining order?
Ralph's answer
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Answered on September 18, 2013
You can't get an OP "just in case" he may act up after you leave. If his behavior warrants it, then you can get one. If you feel that you need to...
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Archived
How do I give my sister in MD temporary custody or joint temporary custody of my 12 year old son?
Ralph's answer
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Answered on September 18, 2013
Your sister should come to NY and file a Guardianship petition, naming both you and the other parent as respondents. If both parents agree, the...
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Can I move out of New York state to Florida while I have a cps court case going on?Am I able to transfer the case?
Ralph's answer
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Answered on September 18, 2013
It is not clear if there is already an open case filed in court against you. If there is, and the children have been allowed to remain in your...
Archived
What recourse do i have?
Ralph's answer
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Answered on September 17, 2013
You ex-wife's petition is essentially a petition to modify the current parenting arrangement. The court will revisit the issue of parenting time...
Archived
What do i right in a report to amended a cps report from being indicated to unfounded
Ralph's answer
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Answered on September 17, 2013
Generally, if there is an incident between a parent and a child, the parent will be deemed responsible. Your argument that you were the victim...
Archived
Can ex spouse use child support money to financially support her new husband?
Ralph's answer
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Answered on September 17, 2013
The custodial parent has the responsibility of providing a home and the basic needs of the child. There need not be an accounting of exactly how...
How many times can someone call cps/police on you before you can file harassment charges? If I do will anything be done?
Ralph's answer
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Answered on September 16, 2013
It does not sound like your ex will listen to reason. Twelve unfounded calls is plenty to warrant you going to court for an OP.
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