Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I just went through a custody hearing/final hearing and the

judge put a restriction in...
I just went through a custody hearing/final hearing and the judge put a restriction in place that restricts the mother from having the child in the prescence of a person who is a problem. The mother has since filed a petetion to allow this guy back around the child.The conference call took place on September 15th and the judge stated "The petetion was not filed properly and the judge told the mothers attorney that if they wanted to petetion the courts to allow this guy to visit with the child then she would have to file a new action and allege that there has been a change in circumstances that would warrant a lifting of the restriction.I am just wondering if the mother could refile and allege this person has done something different and my child be allowed back around him or do they have to provide proof of the change.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
10/1/2009
xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3,400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
Verified

Thanks for using JustAnswer.com

 

When was the final custody/hearing held when the judge placed the restrictions on the mother?

 

Thanks

Ask Your Own Family Law Question
Customer reply replied 8 years ago
January 29th

Generally, you can only ask to have a custody order modified if there has been a "substantial change in circumstances that affect the welfare of the child." This is a high burden.

 

It sounds like the judge wasn't too happy with your ex's lawyer during the conference call. The attorney didn't follow the rules for petitioning the court, nor did the attorney, during the conference call, give the judge any reason to change the order.

 

Unless the "restricted person" has done something dramatic to change his position in the eyes of the court, he will remain a "restricted person." Your ex has the burden of showing that there has been a "substantial change." Has there been a change in this person's lifestyle? a change in his behavior? a change in the persons with whom he associates? a change in his use of drugs and/or alcohol? etc.

 

You may wish to contact a lawyer who specializes in family law to discuss the specific facts of your case. Many times, an initial consultation is free. You can go over the existing order and any claims that your ex is trying to make. You can learn your options, and then decide whether or not you need to hire an attorney.

 

It sounds like you are in a good position, but you can never assume anything when it comes to judicial decision making! (as you probably already know)

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can receive credit for answering the question. Thank you.

 

Legal Disclaimer: This is for informational purposes only and does not constitute legal advice.

xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3,400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
Verified
xavierjd and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask xavierjd Your Own Question
xavierjd
xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3,400
3,400 Satisfied Customers
Experience: 20 yrs exp. in divorce, custody, visitation & support .

xavierjd is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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:

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a family law question? Maryland. Not yet. My son has
No My son has a daughter that he and the mother had an agreement that he would pay for daycare and healthcare which he was doing. She is upset with him because he no longer wants the relationship so she filed for child support. Recently, they had an altercation and there is a one year stay away and they can only communicate about the child. Since this has happened she is constantly sending him txt msgs harassing him about things that don't concern the daughter and although the family has told my son to ignore her he has responded. This weekend his daughter came over and when she was returned the mother sends the family txt msg saying we are not to come the child's hair but the child's hair was matted and dirty so she was given a bath and her hair was combed. She also said that the child was returned in too small clothes but we washed and returned her in the clothes she came in. Now she has threatened to call social services and called our family unfit. It's no life get about the baby she is trying to harass the family. What can we do to protect ourselves. My son is not the best boyfriend and I don't condone his bad behavior, however, he is a good father how can we prove that the mother is being vindictive and is trying to punish him because of the failed relationship? State/Country relating to question: Maryland… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a family law question. Pennsylvania. I'm in the
I have a family law question JA: What state are you in? It matters because laws vary by location. Customer: Pennsylvania JA: Has anything been filed or reported? Customer: I'm in the process of filing… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers
I need to locate a family law attorney in the Southlake
I need to locate a family law attorney in the Southlake Texas area … read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
What is evidentiary declarations in a family law ex parte.
What is evidentiary declarations in a family law ex parte … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
Question is regarding family law. More so to the adoption of
Question is regarding family law. More so to the adoption of my son, while I was deployed and signed the paper work without an officer present, … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
Family Law concerns we have a kiddo that has a parent who is
Family Law concerns we have a kiddo that has a parent who is neglecting the child and we want to keep her in our custody without being in contempt ]\ … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have a question about a family law. Indiana. There is
There is currently supervised visit however it doesn't say anything about my husband not being around my kids. The ex husband lawyer filed for him not being around kids however the judge didn't say anything about it nor is it in the paperwork . So I'm trying to find out if he is allowed to be around them on these supervised visits or not … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
New York Family Law. Is there a maximum time (statute of
New York Family Law. Is there a maximum time (statute of limitations) for when one can file Motion for (reimbursement of) Attorney Fees and Expenses with the New York Family Courts? If so, what is the… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
Family Law— residing in Fla. What is the definition of
Family Law— residing in Fla.What is the definition of "visitation" should one parent retain custody of a 3 year old childCan the custodial parent move out of state?Thank you… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
Need help from an expert witness or custody family law court
Need help from an expert witness or custody family law court evaluator to fill out a 730 evaluation packet that will decide if my little girls abuser gets to modify no contact no visitation order! Nee… read more
Sue
Sue
Juris Doctorate
242 satisfied customers
It is regarding family law. My son was in court on Monday in
It is regarding family law. My son was in court on Monday in Tarrant county regarding temporary hearing orders to modify the custody orders for a period of six months. My sons attorney motioned to cha… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,260 satisfied customers
This is a Family Law question. My "spouse" moved to Arizona
This is a Family Law question. My "spouse" moved to Arizona from Florida almost a year ago and will not allow me to see my daughter. That's right I haven't held her in a year. There is no custody agre… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question for an immigration and family law attorney
I have a question for an immigration and family law attorney in reference to taking my newborn baby to China for one year to stay with her grandparents. Details: My daughter's mother is from China and… read more
Expert James
Expert James
Doctoral Degree
11,707 satisfied customers
Our question is family law how do we address mothers
Our question is family law how do we address mothers hindering the medical and independent needs of son in wheel chair. failing to meet the recommendations of school and doctors . by doing everything … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
Family law. Florida. A few. My questions are pertaining to a
My questions are pertaining to a D.V filed against me.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My question pertains to family law. After filing with the
Hello. my question pertains to family law. After filing with the state and receiving child support , father ask us to move in . what is the statue of time frame or does he go back to stop child suppor… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
Not sure this is family law, but... Our mother is in the
Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
Family law - custody issues, Arizona, mother in Tennessee
Arizona, mother in Tennessee and jurisdiction in Alaska where custody granted to father who just moved here to Arizona to help aging family members … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x