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Recent family law questions
I want to grant custody of my child to my sister and her
I want to grant custody of my child to my sister and her husband for reasons of safety, from myself and my ex-husband. My Ex is not on the birth certificate and has no legal documents stating he has any rights to him at all. How do I start this process? Will a judge grant my ex full custody simply because he is the biological father or will they look at what is the best environment for him?
A friend has been accused of abuse (touching "bad" places)
A friend has been accused of sexual abuse (touching "bad" places) by the 9 year old daughter of his girlfriend (they have been living together for about 6 months). This is a false accusation and we are wondering in which cases can a Motion to Dismiss be accepted. Summary: she said it happened a specific Tuesday while her mom was cooking and the boyfriend was resting in bed and she was there with him. The mom never ever cooks because she has a hard job and the boyfriend loves to cook, that specific day evening he was the one cooking and also texting back and forth with his brother.Thank you for any help you can give us. That situation happened in the Dallas region.
My wedding was ruined by one of our guest. He tried to give
My wedding was ruined by one of our guest. He tried to give alcohol beverage to my 4 yr old nephew and physically & inappropriately danced sexually with my 12 yr old niece. Can the children's parents sue for sexual harrassment & child endangerment?
I had an abuse and neglect case against me and the state was
I had an abuse and neglect case against me and the state was trying to adjudicate me for sex abuse in circuit court. The court found that the state could not prove this by clear and convincing evidence. I was arrested the same day that I was served abuse and neglect papers for sex abuse. The same prosecutor is now pursuing the criminal charges after the abuse and neglect findings. It's identical. I have a motion to dismiss in limbo now based on collateral estoppel. What do you think my chances are?
There was a false cys claim filed against me and my family.
There was a false cys claim filed against me and my family. Now we are being harrassed by the court and cys.JA: The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: My custody lawyer is aware of the situationJA: OK. The Family Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.Customer: I had a custody hearing on 4/1/16. The baby's dad showed the master pictures of my mom's house when we were getting new carpeting put in. He claimed the house always looks like that. The master reported it to cys even though it was not reportable conditions. CYS came out and wanted the banister back up. We put the banister up and they came out. Said everything was good and they didn't need to come out again. On 4/18/16, I had a custody trial for my 5 year old, and the judge ordered quarterly visits be done by my 5 year old's dad to inspect the property. CYS went and had it changed to them, not the child's father. They've said if we refuse the visits, they are taking the kids.JA: Is there anything else important you think the Family Lawyer should know?Customer: My mom works in an emotional support classroom as a social worker. She's reported many cases of neglect, sexual abuse, and physical abuse and CYS does nothing. We get new carpets in and CYS and the courts will not leave us aloneJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
I have a friend I wanted to get information for. My
HelloI have a friend I wanted to get information for. My female friend was in a long-term relationship with a guy (4 years) and she recently got the traumatic news that he had sexually abused one of her daughters (11 years old). This news completely blindsided her and she was unaware it was happening. It apparently went on for approx. 3 months before she found out.He is in custody and out of the picture now. She temporarily lost custody of her daughter to her father and CPS file a claim saying she had contributed to the harmful environment. CPS also claimed she had visited her ex in jail but it wasn't her, it was the perpetrator's mom. CPS has since dropped that case after finding that out.Since the incident some of her family has intervened stating they would call CPS on her if she tried to move on and date other guys. Can my friend legally get in trouble for dating and allowing other men around her 2 other daughters?
Child custody/visitation JA: OK. The Family Lawyer will
Child custody/visitationJA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: NoJA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I have a four month old daughter, my ex currently visits her three days a week. He lives an hour away, he transports per our temporary court order. I have four children from a prior relationship. He says he will refuse to transport our daughter after court. Do to my employment and obligations with my other children it's almost impossible for me to transport. He also has his brother living in his home where he takes my daughter(his brother was just arrested for sexually abusing his own daughter). I have transpiration and safety concernsJA: Is there anything else important you think the Family Lawyer should know?Customer: NoJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
What is the law in New York State vis a vis disciplining,
What is the law in New York State vis a vis disciplining, via non deadly physical force, children between the age of 6 and 12 years old and who has the right to take such action (parent/teacher/caregiver etc)? Also specifically what type of physical force is allowed and what is not allowed. Thanks
I am currently working on a reply brief in an Appeal to theView more family law questions
I am currently working on a reply brief in an Appeal to the Superior Court in Pennsylvania in regards ***** ***** PFA Matter.The Appellee's Brief stated that one of my arguments is waived for my failure to comply with the Pennsylvania Rules of Appellate Procedure.In the Appellee's Brief, he cited Lackner v. Glosser, 892, A.2d 21, 29-30 (Pa. Super. Ct. 2006) and stated, "Appellate arguments which fail to adhere to these rules may not be considered waived, and arguments which are not appropriately developed are waived. Arguments not appropriately developed include those where the party has failed to cite any authority in support of a contention."My problem is I had the correct and very well established principle (ie "the primary goal of the PFA act was therefore not retrospective punishment, but rather advance prevention of physical and sexual abuse." But cited the wrong case, as I cited Commonwealth v. Allen, as opposed to Eichenlaub v. Eichenlaub.My argument against the oppositions case is that I did not fail to cite 'any authority', I merely cited the incorrect authority.Will that argument fly?And what exactly is meant by the word "authority"? Is an authority only case law, ie precedent? Or could "authority" also be merely stating a statute/law? I did kind of think that the Pennsylvania Legislature was an 'authority' as was the Governor of Pennsylvania, and as such, laws created by those two bodies, would qualify as an authority, would it not?