How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12921
Experience:  Licensed experienced Attorney
26296561
Type Your Family Law Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

Is a judge likely to change where my daughter lives if she

Resolved Question:

Is a judge likely to change where my daughter lives if she visits her mother for one to two night stays each week with telephone contact several times each day. Since June 16, 2013, she has lived with me. Additionally, her mother has returned most of our daughter's things to the home. Her mother does not have her own apartment and my daughter would not have her own room to stay in with her. Her mother also does not have a car or sufficient employment to support a child. We are still married and there is no court ordered custody arrangement at present. I am seeking primary residence to remain with me. State of Delaware
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

How old is your daughter?

Have you filed for the divorce yet?

Would the mother consent to the daughter having primary residence with you?
Customer: replied 1 year ago.

She is 8. She initially agreed to a consent but relinquished and demanded full time primary custody with me having visitation every other weekend.


 


I have not filed for divorce. I wish for my wife to return.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Are you waiting for your wife to file for a divorce?

Have you consulted and retained local divorce attorney yet?

Are you currently separated with your wife and reside at different residences?

Do you have a lot of marital assets with your wife?

Customer: replied 1 year ago.

1) I will not file. She would have to take that step and let that responsibility and decision lie with her. We were married in Colombia and not in the US.


2) I have had hourly consults for advice with local lawyers regarding a PFA and this custody matter.


 


3) She left the home in May 2013. I purchased the home before our marriage in Colombia. There are limited assetts beyond that.


 


4) She lives with a friend. She returned my daughter to me on Father's Day. She does not want to return to her Mother full time. Most of her childhood items have remained in my house or have been returned by her mother.


 


5) She says that she does not want to use lawyers.


 

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Is your home located in Delaware?

What is your income and your wife's current annual income?

How long have you been married?
Customer: replied 1 year ago.

1) Home is located in Delaware.


2) my average is about $120,000. She only has nominal Income. She has never held a job for more than 3 to 6 months.


 


3) About 12 Years


 


 

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

This is a difficult situation and basically the judge will look at every aspect of the situation and all the facts and evidence before making the decision as to with which parent the child would get to primarily reside and both parents are presumed to have an equal custodial rights and it is not uncommon for the minor child to live one week with one parent and next week with another and have this type of alternating 50/50 timesharing with each parent.

Also, the fact that the mother might not have income or steady residence will be taken into the account by the court, however there is also a very strong possibility that your wife would be entitled to spousal support and child support based on your disparity in income and that should be taken into account by your local divorce attorney when planing out a legal strategy for divorce and child custody.

While it is difficult to predict in any given case as to how the court will rule when it comes to child custody and as I said, it would depend on many different factors related to both parents and the entire situation, at the end of the child custody proceedings the court will order child custody based on what is in the best interest of the minor child and not really based on what the parents and the child want, unless the parent can come to an agreement when it comes to child custody / visitation and that can help avoid the cost and uncertainty of litigating these issues.

Unfortunately, child custody and divorce can get legally comples and very emotionally intense, so I would strongly suggest that you do consult and retain local family law attorney as soon as you can, so your legal and parental rights can be properly protected in the upcoming legal proceedings.

You can find an experienced local divorce / family law attorney by using this well trusted and reliable attorney information / referral websites:

www.martindale.com

www.lexmundi.com

www.lawyers.com

www.justia.com


I wish you the best of luck and please let me know if you have any related follow up questions.

Customer: replied 1 year ago.


Thank You. I just do not want my daughter jumping from place to place.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

I agree with you, that it is not good for a minor child not to have a steady primary home and jump from one house to another every week.

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required.

Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12921
Experience: Licensed experienced Attorney
Alex J. Esq. and 6 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney