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Recent Custody Rights questions

Law Edu. Follow up and it is a doozy! now. First... I've

Hi Law Edu. Follow up and it is a doozy! Good day now.First...I've learned through a recent file on the record for suit that my lawyer did not file any (not 1) attachment to support such viable claim. But, did attach(As i cite here weeks ago)the relevant depositions, that is it. (Not even my transcript/and not even my child's 2 hour or longer transcript,where child was saying, finally admitting and i quote,"I was robbed of my mom, i was robbed of my "entire life/my world she was to me." My child also cite, "I was being all the time mistreated in "dad home/with his new wife, abused,by step-parent,for some time."I was also called a liar and a bad child by the "caseworker." I was "coerce/force to say things that were not true about my mom by abusive step parent, who always would scare me/frighten me if i did not do it."I was given alot of meds/drugs,and i was said to have "seen a dr., to prove abuse by my mom."But i was old enough to remember IF i seen a dr., and i did not go see a doctor, where i hear a caseworker substantiate abuse."The only abuse i've suffer from was being kept from mom for a long time, and in foster homes, and outside the foster homes, sex abuse, rape, gang-rape and not at any time a cps worker came and remove me, to give me back to mom. My father also did not take care of me at all, but would pretend "he was, so DCF would think he was."DCF barely would "look in other rooms of dad house the short time i was there,and not bounced to many foster homes."DCF would've smell beer/seen dad drunk again if they had visit more and look throughout the house."Caseworker is also friends with step-mom, so she would come by"smoke with step-mom, and hang outside, and or go for rides in each other cars."Shouldn't such relevant facts be included Law Edu; as an exhibit? It was not and i await your feedback before i type the other relevant(HUGE)part in the other part of query thanks again.P.S. daughter is right on them knowing each other on a personal level ...Mom(me)the lawyer i had for custody years prior found documentation LINKING step-mom & caseworker for the state linking them as friends/and or family.During deposition(caseworker, under direct, was asked, "Do you know ----the step mom who is married to the children father.)She said, NO. Flat out,she said NO. Then at depo, we pulled out such proof online and she was force to alter her answer and say,"Um, oh yea."I actually do know her.Yes. we are friends.(Facebookfriends) albeit yes we are friends, yes i know her personally etc.-Yet,again lawyer failed to attach daughter transcript, where child admit, the state worker and her step-mom know each other,as this is clearly a "motive insofar as why the children were given to a crack head,caucasian male, who clearly was not fit,a convicted serious felon, not fit at all to raise a cat,let alone two little children and then teen-children."I really need feedback and await your answer, thanks alot.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,106 satisfied customers
In the State of SD can you answer the distinct difference

In the State of SD can you answer the distinct difference between legal custody and other custody typesEx husband has convinctions of domestic abuse. This prevents him by SD statute from having custodyHis lawyer has now filed for legal custody

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,106 satisfied customers
I am the father of a 16 year old son that has been in his

I am the father of a 16 year old son that has been in his mother's custody since birth. He recently contacted me informing me of abuse in the home and asked if he could move in with me when he turned 17 in 7 months. The abuse he is receiving comes from both his mother and his step father. He also informed me that the abuse has gotten worse in the past couple of months. My question is can I legally take him into my home right now and get him away from that situation with his mother and step father? No prior custody battle has ever happened. All we have had done is a DNA test when he was a baby and she declined to receive child support from me after the results came back 99.99999%. She has kept us apart for 13 years and has a controlling grip and won't allow him to go out unless she is with him.

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,838 satisfied customers
Does a dissenting opinion in an appellate case hold any

Does a dissenting opinion in an appellate case hold any merit if it conflicts with the prior majority analysis of other courts?For example Stepp v. Stepp 1988 was a milestone case for the shared parental responsibility law being applied to unwed parents just as it would married parents, stating that there be no need for the unwed father to find the mother unfit.Turn now to Bainbridge v. Pratt 2011, which the dissenting opinion would seem to turn prior decisions on its head and add the substantial change test, which is similar to the finding of unfitness, to initial determinations for custody.Which opinion controls what tests are applied to initial custody determinations when you still have laws like 744.301 and 742.031 that grants sole custodial rights to the unwed mother?

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JD 1992

Juris Doctor

37,198 satisfied customers
Youre very thorough and handy with applicable case law. Can

Youre very thorough and handy with applicable case law. Can you assist me with confirming whether or not a judge has the statutory authority to order the mother and children or children alone back to the jurisdiction of the court pending an initial child custody decision.The mother and i never married and never went to court for custodial rights. We always lived together until the children turned 5 and after the separation the children remained primarily with me. I established paternity by AOP but did not get an judicial order of paternity until after the mother had already moved to GA a year before and then later took the children away from my home and to another state.

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Steven K.

Doctoral Degree

3,176 satisfied customers
I recently found out my oldest daughter has created a CPS

I recently found out my oldest daughter has created a CPS case against me. Falsely accusing me of abusing her sisters whom are 13 and 16. She is asking for custody and the child support her father pays me every mth. I love my kids and am not harming them. However I have let them go to stay with their sister due to them constantly screaming at me and making up more lies. If I do decide to grant her custody; will she be awarded the child support? Their father is currently $90,000 behind and pays me around $800.00 mthly even though he is court order to pay me $1400.00 mthly. Should I fight CPS? I Am exhausted by the stress of the whole situation and the lies. Please help.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: AzJA: Have you talked to a lawyer yet?Customer: No I really can't afford a lawyer. With out the child support I make less than $2000.00 a mth. Which in Az is just enough to receive assistance.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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LawTalk

Attorney at Law

Juris Doctor

35,884 satisfied customers
I recently moved to Maryland with my husband due to him

I recently moved to Maryland with my husband due to him getting a new work position. We currently have a 10 month old son. I am seeking separation from my husband due to him being unfaithful. Can I move back to New York with my son while my husband stays in Maryland given my husband's written consent? I currently have no friends or family in Maryland help support me and my son provided we would remain in Maryland.

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FamilyAnswer

Juris Doctor

33,912 satisfied customers
My husband and I have joint custody of our great niece along

My husband and I have joint custody of our great niece along with her mother. We moved to Indiana and the child now 16 stayed with her mother in Kentucky. Have we lost our joint custody rights because we have been in Indiana for 3 yearsJA: What state are you in? It matters because laws vary by location.Customer: We are in Indiana she is in Kentucky. 3 hours awayJA: Has anything been filed or reported?Customer: We have the court order granting joint custody. That's allJA: Anything else you want the lawyer to know before I connect you?Customer: No

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LegalGems

Juris Doctorate

16,104 satisfied customers
Me and my husband recently separated and agreed to

Hi, me and my husband recently separated and agreed to alternate, care . He was with my son in canada for November and I picked him up in December. Brought him back in January and I was supposed to get him back in February. My son amd I are American my husband is canadian. He has recently stopped communication and would not set up a date for me to get my son. He has now retained a lawyer . But there is still no signed custody order from a judge. What can I do to get my son back.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: I live in hawaii, my husband is in canadaJA: Has anything been filed or reported?Customer: I repored to police, he has an application for custody ,access,and support in process, but I have not been servedJA: Anything else you want the lawyer to know before I connect you?Customer: I am currently in canada trying to get my son

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Maverick

Doctoral Degree

7,420 satisfied customers
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