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Me and my ex husband have different parenting style. Our son

Me and my ex husband have different parenting style. Our son has autism and his behavior is very unpredictable.One afternoon I was trying to drop him off at daycare and our son start screaming and crying and refused to go there.Later that night his dad pick him up and decided to punish him. He told me he decided to give him time-out - he made him sit on his bed all by himself for 30 min. I can only imagine what my son felt and maybe he was crying and felt lonely. Our therapists recommended no time out for autistic child. Also recommendations that I read online suggest that timeout is usually one minute per child"s age. 30 min seems too excessive. I asked my ex not to do it but he said he has to discipline our son if I cant do it.Also ex told me when he puts our son to bed he refuse to give him milk when he asks and threatens to lock him in dark room if he wont go to bed.Could all this be considered child abuse?Thank you!

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AttyHeather

Attorney

Juris Doctorate

1,302 satisfied customers
What are the proceedures to adopt a new born, louisiana, no

what are the proceedures to adopt a new bornJA: Because family law varies from place to place, can you tell me what state this is in?Customer: louisianaJA: Has anything been filed or reported?Customer: no baby will be born march 22JA: Anything else you want the lawyer to know before I connect you?Customer: the mother is like a member of the family

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Bruce Schreiber

Juris Doctor

188 satisfied customers
I am a mother in RI going to a hearing to argue for an

I am a mother in RI going to a hearing to argue for an appeal for child placement (2 very young girls aged 4 and 1.5) which is currently 50/50 for the past 9 months. The previous magistrate did not follow the law in any way whatsoever when making this decision and as a result I needed to appeal (I wanted sole placement).When this all began 9 months ago an before a divorce was filed, the father tried to fire an opening salvo and file a restraining order against me saying I was suicidal and a danger to myself and the children. This restraining order was denied when my doctor testified there were no concerns and this was not true. Despite this, every time we go to court the father and his lawyer keep repeating over and over that I am suicidal and "crazy".Since 50/50 began the father has lied nonstop about every single issue, has been repeatedly late with child support, has been investigated by the state DCYF for child neglect (although they did not remove the children from the home), the pediatrician has documented repeated "clear and obvious child neglect which is a form of child abuse", he has lied to me about our health insurance having an HSA/Flex card (which he uses to pay for visits while I have to pay out of pocket as a result), and has lied about a work benefit that pays for the oldest child's preschool program (he told the judge he could not afford preschool anymore, therefore I agreed to temporarily pay for 2/3 days per week when all the while he had another work benefit/card that he swipes for his 1 day of payment - he lied). I can also prove that he intentionally lied the first week I began paying 2/3 days and stated the oldest child was "too sick to go to school" yet he did not take her to the doctor, after I had already paid for that week of school. I brought the child to the doctor the next day who stated she was obviously not sick, and the father was clearly lying to bust balls because you already paid for school. This constituted additional child neglect the doctor stated.In addition, the oldest child has been repeating horrible, negative comments about me such "new mommy (the father's mother) says you're a bitch", "new mommy says you aren't my mommy anymore", "new mommy says I don't have to school when I don't want to", "daddy says I can't live with you anymore because I have to live with him now", "daddy says he's going to throw you under a bus.....but I don't want you to die, mommy", daddy says we have to move far away so I can't see you anymore", etc. As a result, the pediatrician recommended a family therapist for the oldest child because this sounded like mental abuse. Of course, the counselor was a bust because she wanted to make the sessions all about me and the father and how we can embark on this new adventure of divorced co-parenting. The father refused over and over to play therapy for the child (because he knows exactly what she will say about him and his parents). I have since asked the pediatrician for a referral to a play therapist. The pediatrician, family counselor, and school teachers all agree play therapy is a good idea, yet still the father refuses.My question is, does this sound like I would prevail at the hearing/appeal? He has absolutely nothing on me, nothing whatsoever. He has lied constantly about every detail for 9 months and has committed perjury 2-3 times. He testified he was the primary parent and he does everything for the children, including bathing/cleaning (yet he was investigated for child neglect) and on and on. He testified his daughters were his "whole world and he would just die without them and it would kill him if I was awarded placement because it would limit his role as their father" (exact quote). It was pathetic and disgraceful in its dishonesty and of course the idiot magistrate ate it all up and thought he was a wonderful father. Since then, all of the above has happened. Because of how things went at that first hearing I am very worried about history repeating itself because I do not trust the courts. They are very pro-father in this state these days. The father's lawyer is a big time politician in this state and a total bully in the court room. He often gets right in my face when asking me questions and tries to intimidate me. He also tries to pal around with the judges and schmooze.Thank you very much.

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LegalGems

Juris Doctorate

17,510 satisfied customers
CPS came to our door with accusations of negligence and drug

CPS came to our door with accusations of negligence and drug abuse. I was at work and my wife was with the kids at home. I know the cases are false. I have a job for a to secret government agency and have to have a secret security clearance form time. Something like these allocations could greatly affect that. Also for someone to accuse us not only hurts, makes me angry,scared that it's that easy for this to happen. Can someone tell me I'm right by refusing a drug test in the basis of my 4th amendment rights and off the basis of someone anonymously calling in a complaint?

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Zoey, JD

Doctoral Degree

33,242 satisfied customers
Pls! quick background...mom has custody of the child, and

HI, yes pls! quick background...mom has custody of the child, and child is complaining of being spanked by mom's boyfriend and speaks out in group for kids of divorced parents that he is afraid. the biological father of child has a suspended license and is wondering if a court would a)ever grant him custody if child is endangered and b)possibly reinstate license if he becomes physical custodian of childJA: Because family law varies from place to place, can you tell me what state this is in?Customer: NJJA: Have you talked to a lawyer yet?Customer: no. asking here first bc the father has no money whatsoever to hire legal counselJA: Anything else you want the lawyer to know before I connect you?Customer: not ight now ok

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LegalGems

Juris Doctorate

17,510 satisfied customers
In texas what is the legal definition of physical neglect as

In texas what is the legal definition of physical neglect as defined by family law and used by dfps/cps? Is this the same definition as listed on dfps website and if so is it very limited in scope applying only to the situations listed in the definition. I am a bit confused since it seems that the section of family law pertaining to neglect has been split out into separate catagories for use by DFPS/CPSCould a messy house be considered physical neglect? When the child is well cared for, loved, has clothes ,food, all utlities, shelter, internet access, health insurance healthy as verified by a doctor healthy weight shots up to date etc,CPS did not ever mention removal had no real problem with us as the house was clean within a couple days. Long story short we had a family member (father in law) to go nuts start drinking when we tried to evict him he would threaten to harm himself same thing if we tried to call the police. So there was about 3 months we all kind of tip toed around him we spent alot of time outside or away from home so our child wouldn't not have to be subjected to the drinking and the arguements so we didn't clean as we should as we just avoided the common areas of our own house except for meal times. Then one night during a arguement about us wanting him to leave he called the police because he felt he shouldn't have to leave and my husband kept telling him that he did. The police came he made threats that they heard thank god and was very very drunk and being mean so he was arrested and cops said they would have to notify cps as it was required by law and that we should pick up a bit. We did place was 80% better by the time they got here 6 hrs later (he was pointing a gun so assume that's why the quick response he had/has a chl) . Basically they took him away we started to pick up and had it done in no time without him here to hinder cps came that morning told us to keep doing what we where doing signed a safety plan that said we would not let him back into the house and would get his things off the property and finish cleaning (getting his things out was all that was left to do far as cleaning went). He brought a ton of stuff with him when he moved in and bought even more after he got here. He took over our house ,front porch and front yard with his items and would have a fit if we even tried to move anything of his to clean makeing threats and saying that we were trying to steal if we tried to toss something or even move it. We had to wait untill he was arrested to do away with several cubic yards of ruined household items left to rot in the rain and weather on our front porch and in our driveway and front yard for several months. They came back 10 days later said everything was fine case would be closed and would have family based services check in 2-3 times to verify house remained neat as they said we where already doing all that we needed to do and it was all just formalties everyone we dealt with was nice and we had no reason to believe anything was going to come of it as long as we did what we where asked. Well a couple of weeks later we get a letter in the mail "reason to believe physical neglect" heck they didn't ask alot of questions they didn't look around the whole house or property if they had they would have seen that it wasnt all that bad other than the fact that over the course of those same 3 months some neighborhood stray cats had gotten underneath of our house (doublewide trailer) and clawed ripped chewed their way into our heating/cooling ductwork system and gotten into our home (note this did not render the heating system unuseable) just very ineffecient as heat was escaping under the house and the animals had access to the inside of our home and they did their business in a few spots which we promptly cleaned when found but the smell of urine from unaltered male tomcats is hard to mask. 3-4 or so of them would sneak in nightly over a couple week period it took for the insurance company to send someone to check our system and repair it (fixed 2 days after cps first visit). In texas what the legal definition of physical neglect as defined by family law and used by dfps/cps? Is this the same definition as listed on dfps website and if so is it very limited in scope applying only to the situations listed in the definition. I am a bit confused since it seems that the section of family law pertaining to neglect has been split out into these separate catagories for use by DFPS/CPS am wondering if i should do admin review and if so could i do it without a lawyer as we don't have a lot of money caseworker said she didn't recomend neglect for us but supervisor must of added it for the dirty house / cat problem.Caseworker made us aware the review was available. we realize you can't give legal advice just want a frank opinion from a few people who understand the systemthank youmargaret

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,336 satisfied customers
Will parents failure to communicate and hostility towards

Will parents failure to communicate and hostility towards each other in contested custody determinations cause one to not be granted shared parental responsibility?

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LegalGems

Juris Doctorate

17,510 satisfied customers
My Therapist made a report to CPS (Child Protective

My Therapist made a report to CPS (Child Protective Services) for suspected child abuse - she believes I am concerned for my kids future with their dad after she heard from me that 6 years ago my husband was accused of inappropriately touching 2 teenage girls.We have a 1 year old girl and 5 year old boy.We had to meet with CPS, so we hired an attorney to be present when we met with CPS in January 2017.CPS asked me if I knew why I was at this meeting. I told her because I showed concern with how to handle the allegations people are saying about my husband in terms of my kids hearing about those allegations in the future and how to best handle that conversation them.CPS read to me the allegations they had on file about my husband. In the report, my husband had admitted to some of what was being said the teens said at the time.CPS presented a Safety Plan for me to agree to and sign, which my husband and I both signed, with our attorney present. Attorney said it sounded reasonable and something we could agree to. The kids stay with us during the 30 day investigation.We are within that 30 day investigation right now.I don't have a good feeling about all of this. I feel like CPS has more under their sleeve for us.I feel like in the case of alleged sexual abuse there is no way around getting your kids taken from you.That they'll probably want me to take even more drastic measures to protect my kids than just supervising my husband when he's around the kids.Could there be anything I can do within this 30 day period that would show them that I'm serious about protecting my children and they won't get taken from me? I'd be willing to start separating from my husband. Would it be viewed positively by CPS if i ordered my husband to leave the house and started the legal separation process?I want to avoid as much trauma to the kids as possible. I'm willing to separate for the sake of the kids not getting taken from us. Is it inevitable that they'll get taken and then CPS would almost force us to separate?What's the best course of action to take here?

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LawTalk

Attorney at Law

Juris Doctor

36,304 satisfied customers
My ex husband has filed a motion to modify parenting time.

My ex husband has filed a motion to modify parenting time. In his motion he is alleging child endangerment based on a DUI my current husband received last year with my daughter in the car. My ex husband has known about this DUI since March of last year, but just recently filed for custody because we could not agree on an out-of-state spring break visitation. I have had the majority parenting time for several years, is this different from custody? What is a reasonable out-of-state parenting plan? My ex is requesting that she travel from Colorado to Arizona every MLK day weekend, every presidents day weekend, every spring break, all summer (minus 3 days prior and one week towards the end), a 3 day weekend in April and October, Every Thanksgiving, Labor day weekend and he wants half her winter break every year. I'm loosing sleep over the endangerment allegations and I cannot afford an attorney. I also have a question about if he has a witness for the case if I will receive notice prior to the hearing or will he be able to bring anyone into court on the day of the hearing and I won't have time to prepare?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: Jefferson County Colorado and he filed form Maricopa County in Arizona. All proceedings will happen in Jefferson County COJA: Have you talked to a lawyer yet?Customer: I've spoken with several lawyers.JA: Anything else you want the lawyer to know before I connect you?Customer: There are some other details but it's a lot to type.

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LegalGems

Juris Doctorate

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