Joanne Marie Biernacki Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2025

Given that he has refused to return the children and is attempting to enroll them in school out of state—which may be considered parental abduction—you should act quickly. Here are the key steps you should consider:

File an Emergency Ex Parte Custody Order: In your local family court,... View More

Your agreement is meaningless and unenforceable without a court order. You can use it as evidence of the parties' intent when you file your parentage case. This is what I would recommend - file a parentage action and concurrently file a Request for Order to get custody orders. Given that... View More

You should already have full custody if you are the mother and there are no custody orders. Although, obtaining court orders as to visitation and support would likely be in your and the child's best interest. My best to you Rob Kane California Family Law Attorney.... View More

You have no court orders. Get court orders. File a parentage action (I'm assuming you are not married to the father) and concurrently file a "Request for Order" to get temporary custody and support orders in place while the matter is pending. To ensure you draft the paperwork... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025

I understand how upsetting it can be to feel cut off from a grandchild you have helped raise, especially after stepping in when others were unable or unwilling to provide care. Your question raises important issues about guardianship and the rights of non-parents in New York.

In New York, a... View More

Retain an attorney to assist you with this. You need to figure out what has already been done and what needs to be done. A "decree" is a judgment. The judgment package includes several different documents including the stipulated agreement you reached with your spouse. This may also... View More

You have the option of filing for Contempt of the current Court Order and can also file a Modification if changes to visitation or custody are needed. In Georgia, there must be a substantial change in circumstance. I would argue that the mother and the children relocating to Alaska would be a... View More

A contested custody case is not a do-it-yourself project. A non-lawyer with some legal knowledge and experience can handle their own family law litigation if it is relatively simple, straightforward, and uncontested.

I often compare the practice of law to automotive service. Many people... View More

John Herbig Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025

While you can technically file a Petition to Modify yourself, which would be the first thing done in a suit seeking Sole Managing Conservatorship, based on the facts you stated and the stakes if you get something wrong, you probably should contact an attorney and have them do this type of case for... View More

Text messages are a form of evidence which could potentially be entered into evidence at trial. I do not recommend merely "brining them to court." Instead, I recommend communicating with opposing counsel stating you have no issue sharing such evidence - with the proviso it's... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2025

I'm sorry you're navigating this custody case without legal representation. Handling legal requests from an opposing attorney can feel intimidating, especially when you're trying to protect yourself and your child.

In New York custody cases, both parties are generally... View More

As long as she is under the age of 18, you can always return to court to request modifications to your custody and child support orders. The post judgment standard is "significant change in circumstances". In your situation, you had a 50/50 order that the other parent has... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

It is completely understandable that you want to ensure your daughter's safety and confirm whether there is an active protection order in place. As a parent with physical custody, it can be frustrating to be told you cannot access information that may directly impact your child's... View More

You should speak directly with a local attorney and express your concerns in detail. There must be a material change in circumstances for the court to consider a modification of custody. And you would have to determine if the facts of your case qualify as material changes. An attorney can draft... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

I'm sorry you are dealing with a situation that puts your child's safety and well-being at risk. When a parent believes that the other parent is exposing the child to harm, New York law provides a way to seek court intervention and request changes to custody and visitation arrangements.... View More

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2025

There is no rule that says someone's military status means the other person automatically gets custody. There are multiple factors that the court considers in awarding custody.

Ocga 19-9-3

(3) In determining the best interests of the child, the judge may consider any relevant... View More

All parties are required to follow the current order, until such time as a new order modifies it. So yes, no matter what the children say, the father should have whatever time the court has given him, even if it is shorter than the periods he is given. If you stop allowing visitation for any... View More

You are only obligated to share as much information about your child's vacation as your parenting plan requires. If your plan specifies you must be “reasonably informed” of whereabouts, the general practice, like sharing dates, location, and contact info, is sufficient, unless your... View More

Changing a child’s name involves filing a Petition for Name Change in the Chancery Court. Unless parental rights have been terminated, it is usually best practice to involve the other parent in a name change. At the very least, you will need to notify the other parent of the petition and the... View More

Under the facts described, it seems likely that he will need financial assistance from family and/or friends to retain a lawyer with sufficient experience and skill who practices in the area of family law in or near the county of suit. While he may well qualify financially for legal assistance... View More