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 Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37903
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I have had full custody of my daughter for 14 years. I hold

Customer Question

I have had full custody of my daughter for 14 years. I hold the insurance and am over all decisions for her. But I was served papers 1 week ago granting temporary custody to my ex on the grounds of neglect and unsafe enviorment which both are untrue. This all came about after my step son and her were in a bad wreck in feb and she had to be lifeflighted to vanderbilt. My husband , Shannon and I stayed with her at vanderbilt and we brought her home. She stayed with us and never even offered to go to my exhusbands for 2 mths. I kept asking her she just didnt want to go. Then when she finally went she refused to come back to our house. She said she hated me and I didnt take care of her which wasnt true. When she came back I made an agreement with her that she could go for 2 weeks to my exs and come back to see us then another 2 weeks and come back july 1 but she never did. She now says she hates me again and refuses to talk to me. She suffered a bad concussion from the wreck mand she has a friend that smokes pot that i wont let her see but my ex will. Can he take her away from me even though there is no truth to what she has said i have plenty of witnesses including my 17 yr old step son whom lives with us all the time. What are the chances the judge will listen to her even though she has played both sides or will the judge see the whole picture. It has always been me or my husband now that has carried her everywhere
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

This is a most distressing situation, and I honestly hope and wish that your daughter is mending after the accident. A 14 year old herself has no right or ability to set terms of whom to see or whom not to see--she is not an adult, and parents are the ones who set the rules and conditions in such a situation.

As for taking her away from you, the judge obviously believed that side of the story. However this is a temp order, not permanent--on a temp basis such an order is valid but you can go to court and demand a formal hearing, with evidence, witnesses, and even a psychological evaluation for the child to ensure or show that the child may not be competent or coherent to make such judgment calls. A temp order is granted if there is enough basis to make a determination but it can be revoked or rescinded based on evidence.

I cannot tell you what the judge will do since one judge is not like the other. But having said that, the more evidence you bring, the far greater chance you will have that the judge will fairly review both sides before issuing his ruling on the petition.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37903
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

My step son who is 17 would be the main witness He lives with us all the time will the judge listen to him even though he is a child. i also had her drug tested earlier because of her mood changes and her friends smoke pot and drink i was afraid she was to. Is that going to go against me. it was in the papers I was served. I had an agreement with her about going to my ex husbands for the month of June and coming back to our house every 2 weeks to see us. I had her to sign it. Will that count for anything. I done that not because I didnt trust her but shechanges her story all the time since the wreck

Expert:  Dimitry K., Esq. replied 1 year ago.
Sherry,

Thank you for your follow-up and your patience. I was offline for the full 4th of July weekend due to family obligations. Please allow me to assist you this morning.

To answer directly, being 17 is old enough for the courts to legitimately listen and evaluate the minor's testimony. The courts do not have to follow his comments but they will still evaluate what he has to say. The fact that you tested your daughter for drug use is not going to be used against you, if anything it goes against claims of neglect or abuse because arguably only a caring parent would go though that on behalf of their child. Any contract you create with a minor is not enforceable, but it may go toward notice. Still, that is likely a non-issue.

Good luck.

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:

 
 
 
  • 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
< Last | Next >
  • 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
  • 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
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • 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:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.