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Recent family law questions

I am requesting custody of my child following the death of s

I am requesting custody of my child following the death of his motherJA: OK. The Family Lawyer will need to help you with this.Customer: Contact info?JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I received papers from legal aid requesting that the grandmother is given temporary custody. I declined.JA: 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.

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JD 1992

Juris Doctor

 
33,852 satisfied customers
I'm the grandfather and my daughter is attempting to leave

I'm the grandfather and my daughter is attempting to leave with my 22 month old granddaughter and 8month old grandson with no money and nowhere to go because she and her mother had a fight. The father lives in California and has never laid eyes on the grandson and hasn't seen the granddaughter since she was about 6 months old. She has tried to get a divorce and to no avail because she will not push the issue. I feel if she leaves the grandkids will be in harm's way and I'm refusing to let her take the kids. What can I obviously legally do? We support her and the grandkids completely as I work days and my wife(her mother) works nights so we can always have someone home. When she does get money (very rarely) she spends it on herself she has not tried to get wic or food stamps to help me and her mother at all.Thanks and God bless for the reply ahead of time.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: I'm sorry about that. Tampa FLJA: Have you talked to a lawyer yet?Customer: Yes about divorce and child custody. She wants to get divorced and the lawyer told her to stay here and do everything but she is hell bent on moving to California and with another couple that has 5kids and she can't watch the 2 she hasJA: What advice did they give you?Customer: Said they have no jurisdiction over him in California and if she filed here and had him served then he legally does not have to respondJA: Anything else you think the lawyer should know?Customer: Like right now she is outside trying to get the couple from California to send her a 1 way ticket for her and the children and before all this happened she wanted to have a notary sign a piece of paper giving us temporary custody of the children but like we explained to her if she did that and he found out we wouldn't have a leg to stand on if he showed up here while she is in California and take the grandkidsJA: 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.

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Roger

Litigation Attorney

Doctoral Degree

 
32,798 satisfied customers
My son and I have filed against the Mother of the child. The

My son and I have filed for custody against the Mother of the child. The child is now with us and have lived with us for over a year and half. Prior to that the child lived with the Father and mother until they separated. The mother was served the court papers yesterday. Now she wants to come and pick up the child for a "visit". We are afraid that she will keep the child and not return her because of this case.Can we refuse to give her the child based on the court case filed? She has even threatened to come with the police.If the father is at work and I (the grandmother and joint Plaintiff in the case) is home alone with the child can the police make me give her the child because she is the mother and the father is not here?Can the police force us to give her the child even though the case has not gone to court yet?What can we do if the police does force us to give the child because the father is not here?

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Ely

Counselor at Law

Juris Doctor

 
62,072 satisfied customers
Is there anything I can do if I feel I was coerced by my

Is there anything I can do if I feel I was coerced by my attorney to settle at settlement conference in a child custody case. I told my lawyer I was not comfortable settling and she said she would not take the case to trial. I did not know I could then get another attorney and take my case to trial. What can I do?

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Olivia Kent

Managing Partner

Law

 
1,544 satisfied customers
I have been divorced little over a year. The judge ordered

I have been divorced for a little over a year. The judge ordered joint custody, no child support but each party be equal responsible for all medical, school, extra school activities and both of us keep insurance on our 7 year old little girl. So far, I have paid everything with no reimbursement, he has no insurance on her and isn't even furnishing her a roof. He has been living in with his mother in a 1 bedroom assisted living apartment and my daughter is so unhappy. She doesn't go clean when there, I have marked her underware and she has worn for 3 days. I marked with washable markers. She has bruisies all the times and we were in a violent marriage. I worry about her, he has to listen when she talks to me when he has her and you can hear the quiver in her voice. I think she is afraid of him and he bullys her. I know I can take him back for contempt but I want the custody to be modified more so. I am willing to take full responsibility of her and all her financial needs and him have every other weekend visitation. I have document evidence of all of this very much to the point and texts where he is always threatening me to have the law come and pick me up. I have followed the court order to a perfect T. Also, now he says he is moving and the address he gave me does not exist, I called 911 to verify and can get a letter to this effect. Should I file motion for temporary custody,contempt and modification of divorce decree all at the same time.

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LegalGems

Juris Doctorate

 
12,190 satisfied customers
Both my brother and s wife are mentally incompetent. s wife

Both my brother and his wife are mentally incompetent. His wife suffers from psychosis and receives SSD and my brother suffers from bipolar disorder but is in the court process of receiving SSD insurance.They moved from Minnesota to Texas last year July because became homeless for the 3 time since their 6 year marriage because she does not know how to manage money. He became payee shortly after the move to Texas and rent and bills have been paid on time and food in the house. However, they both have been off of their meds for at least a month. They have a 4 year old daughter who believe her father is the Messiah, the King...etc. My brother symptoms has become so bad that he started believing he's something he's not and his wife started to believe what he was telling her. The both were hallucinating, seeing space ships and aliens.Last week I received a call from a neighbor of theirs in Texas that my brother was acting out of control and his wife was afraid sitting outside in the rain. I contacted the crisis center for help. They sent the police but when they arrived to the house, the wife who was still sitting outside said everything was okay (which it wasn't, she was very afraid). When they spoke with my brother, he appeared to be normal. They did not take him away from the house.The next day I received a call that he was in jail for assault. Later that same day I called the crisis center/police for help, he grabbed his wife's shoulders and pushed her down and neighbor called the police and they picked my brother up. He's not in jail in Texas. My family did not know where my sister in-law or niece was. I was very concerned about my niece's well being. Saturday my sister in-law called not telling me where she was but that she was safe. This past Sunday, I called her and she said she's back in Minnesota at someones home. Her mother and brother picked her up from Texas. I picked her up from a woman's house who had been watching her 2 sons, 15 and 17 from a previous marriage since her move to Texas. My 4 years old niece was not with her but was with her mom. I have not heard from or seen my niece since she's been back. The woman I connected with at the crisis center and the Marshall TX police office and mental health nurse evaluating my niece said my sister in-law broke the law by taking my niece across state lines and could go to jail for kidnapping which I do not want. My sister in-law is very ill and needs medical treatment as does my brother. I tried calling her, I called her mom (cambodian and doesn't understand or speak very good english) I called and left messages with her brother to have my sis in-law call me. The authorities in Texas would like to know where my niece is because my brother is very concerned about her mother harming her or his wife's mother trying to convince her to sign my niece over to her.My sister in-law stated she would give me permission to became legal guardianship/power of attorney over her and my brother to make sure they take their meds and pay their bills until they are back on meds and stable. I've very concerned about my niece being no one has returned my calls even though I told her Texas authorities said she could be charged with kidnapping if she doesn't bring my niece back to Texas. My niece has gone through enough and has heard and seen a lot. She saw her mother try to commit suicide a few months ago by trying to cut her wrist. Whenever my niece hears a thumping noise in the kitchen she screams and becomes very anxious. Last month, my sis in-law overdosed on 500 mg Trazodone, my niece saw that. My niece doesn't have kids her age in Texas to play with and the kids she played with would bully her, pushing her down and being mean. I have a big family her in Texas and a 5 year old granddaughter. They both love each other and says they miss each other all of the time. My heart break. My sis in-law doesn't come from a big family. 1 brother, and 1 sister who has a 2 year old child.At this point, my best interested is making sure my niece is okay and is in a healthy and happy environment. She is a stressed 4 year old and that breaks my heart. She needs stability. She should be in school, she should be playing with kids her age, learning, enjoying her young life and not traumatized by what her parents are putting her through due to not taking their medication. As a family, I have been working with the crisis center, the jail nurse and an officer of the jail to seek help for my brother. I believe her mother is helping my sister in-law get help.I would like temporary custody of my niece being that both parents are mentally incompetent at this time. I know my brother would give the okay because even though they both have illnesses, my brother is the one who raised my niece. She loves her daughter but she does not know how to mother a child and incapable of doing so at this time.What can I do to gain custody? Where do I begin? Please advise.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,210 satisfied customers
My daughter has left her children with me 6 months to take a

My daughter has left her children with me for over 6 months to take a travel job and is now refusing to help with bills because she says she doesn't live here ; court case she filed stating children lived with her for custody from their father whim is abusive and deemed so by court appointed guardian ad litem - how can I file injunction so that courts know neither of them have had physical custody when case goes to trial ? The children want to live with neither parent - they are 14 and 16JA: OK. The Family Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?Customer: GeorgiaJA: Have you consulted a lawyer yet?Customer: No mam need advice on what to doJA: Is there anything else important you think the Family Lawyer should know?Customer: Not that I can think ofJA: 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.

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Ely

Counselor at Law

Juris Doctor

 
62,072 satisfied customers
Ex wife is custodial parent, I have every other weekend

Ex wife is custodial parent, I have every other weekend visitation. November 1- March 5, I had temporary custody of the children while the mother moved to Miami for a job. Child support is automatically deposited from my pay check to her biweekly. While she was gone, it was agreed upon that she would reimburse me the child support automatically paid to her ($280 bi weekly), and pay $150 bi weekly as her child support to me for those months of temporary custody. I had to pay for extra child care and expenses while the children were in my custody, all of which she did not contribute to because she didn't pay the full amount agreed upon bi weekly. So now children are back in her custody, she has still not paid for the time. Am I able to go before the courts and show that I had temporary custody without proper payment and get reimbursed for payments missed. Under state of Florida child support and custody law. Thank you

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JD 1992

Juris Doctor

 
33,852 satisfied customers
My daughter was taken away from me and given to someone who

My daughter was taken away from me and given to someone who has a body attachement out for them. Is there any way I can use this to my advantage to get my daughter back. File an emergency ex-parte ?

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Chris T., JD

Lawyer

Doctoral Degree

 
7,308 satisfied customers
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