Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My son and his wife are devorced. He went through a rehab last

summer and has been attending...
My son and his wife are devorced. He went through a rehab last summer and has been attending meetings nearly everyday since. His wife wanted to go to school in Idaho, he lives in Washing to. He verbally gave his consent. Before she left she said he could see the kids if he took a drug test witch he did and was allowed to see the kids in her presents. She took a trip to New Jursey and left the kids in Washington with her parant this week. She said that Matt needed to take another drug test in order to see the kids, witch he did, but she will only let him see the kids in the presents of her parent. Is there anything he can do to improve his ability to spend more time with his kids or dose the mother have the last word on the matter?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
8/25/2013
Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
Experience: Attorney experienced in all aspects of family law
Verified

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. You mentioned that your son and his wife are divorced. Normally, a divorce would include a custody order for any children of the ex-spouses. Does your son and his wife have a custody order? If so, what does the order say about visitation?

Brandon M. :

I see that you joined the chat. Welcome. Are you able to see and respond to this?

Customer: She had papers drawn up and had my son sign them when he got home from rehab. I don't know what they said. I could call my son
Brandon M. :

Thank you for that information. Knowing that there was a custody order, I may be able to answer your question right now. Generally speaking, neither parent has superior custodial or visitation rights over the other unless the court has made an order related to custody and visitation. When the court makes an order, that determines the rights of each parent with regard to custody and visitation. If the court's order says that the mother has full physical and legal custody of the children and no visitation to the father except with the consent of the mother, that would be the limit of the father's custodial and visitation rights. So in your case, you may want to consider doing as you suggested by contacting your son to find out exactly what rights the court says he has.

Brandon M. :

That said, the second part of your question was whether there was anything your son could do...

Brandon M. :

Custody orders can be changed any time there is a material change in circumstances, as long as the change is in the best interests of the children. Usually, it's in the best interests of the children if they can have significant and consistent contact with both parents. If the current custody order is not in the children's best interest, either parent may go to court and ask for the order to be modified.

Customer: Thank you.
Brandon M. :

Certainly. Did you have any other question?

Customer: Is there any steps Matt can take to prove he can take good care of the kids if allowed visitations
Brandon M. :

Every situation is different, so there may be things that would work in his situation that might not work in others, or vice-versa, but some things that are sometimes helpful are taking a parenting class, getting experience taking care of other kids, and getting CPR certified. You mentioned that the mother has wanted him drug tested--do we have any reason to believe that the kids would be in danger if they had visitation with him?

Customer: No , Matt is a good dad and would an
Brandon M. :

Ok, so really, it sounds like there may be some issues with the mother being overprotective, controlling, and/or critical of the other parent's ability to take care of his own kids. The legal presumption is that kids need two parent influence, so unless there is an affirmative, evidence-based reason to exclude one parent, the court prefers to give both parents unsupervised visitation rights. It concerns me that you said the mother "had papers drawn up" that your son signed--the tone of that statement suggests that the agreement may not have undergone much scrutiny, or been examined by an attorney representing your son. Talk to your son about what is in the custody order, then you can look at taking the next step of asking the court to modify it so it can reflect what is actually best for the children instead of what the mother wants.

Brandon M. :

Does that make sense?

Customer: Take great care of the kids but she doesn't want to let him or anyone to have any say when it comes to her kids if I didn't think Matt had done all the right things since he left that rehab I wouldn't want him around the kids either. But it's been over a year and I think that he sould get a chance besides that the kids reaiiy want too see him more
Brandon M. :

A year is a long time. I have had plenty of clients who struggled with substance addiction. It's a factor of consideration, but the court recognizes that people clean up their lives even if the other parent doesn't recognize it.

Brandon M. :

Did you have any other question?

Customer: No thank you for your help
Brandon M. :

It was my pleasure. Let me know if further clarification is needed, and please feel free to leave a positive rating once you are completely finished (I work for ratings). Thanks.

Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
Experience: Attorney experienced in all aspects of family law
Verified
Brandon M. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Brandon M. Your Own Question
Brandon M.
Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
12,620 Satisfied Customers
Experience: Attorney experienced in all aspects of family law

Brandon M. 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

11,844 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

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My mother in law found out 2 months ago that the divorce
My mother in law found out 2 months ago that the divorce papers her ex husband signed 5 years ago was expired and for that reason they were still married all those years without knowing, he already go… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
If custody and visitation has not been decided amongst unwed
If custody and visitation has not been decided amongst unwed parents and mother moves 4month old baby out of state, what are Fathers legal rights … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
Do grandparents have visitation rights the mother and her
Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
412 satisfied customers
I'm trying to help my mother-in-law with her divorce. All
Hi - I'm trying to help my mother-in-law with her divorce. All papers have been filed, but I'm trying to see if there's any way to facilitate it happening sooner rather than later. Thanks! … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers
Was just wondering the specifics of visitation at mothers
Was just wondering the specifics of visitation at mothers discretion … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers
Does a gran mother have the right for visitation with gran
Does a gran mother have the right for visitation with gran sons? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
I just had a child visitation hearing that was finalized and
Hello. I just had a child visitation hearing that was finalized and I do not agree with the final orders. What can I do? ---------My child was removed by DCFS and law enforcement from his mother's cus… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
Can a mother recently divorced a year ago who has joint
Can a mother recently divorced a year ago who has joint custody go on Medicaid to help support herself and the kids when it's her turn to have visitation? She has no job but was awarded a buy out of t… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Father is divorced from Mother of 2 minor children. He dies.
Father is divorced from Mother of 2 minor children. He dies. He has a 401k plan and no beneficiary form. Father is not married. The money goes to the minor children. Mother is the guardian and is dema… read more
Expert James
Expert James
Doctoral Degree
11,528 satisfied customers
I am going through a divorce in which mother recently put a
Hi, I am going through a divorce in which mother recently put a retraining order about 4 days ago on me due to the fact that I was concerned about my kids well being and she was afraid of me finding o… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
My mother has passed, she was divorced 2009, she did not
my mother has passed, she was divorced 2009, she did not change the beneficiary on her life insurance he is listed, but in their divorce they both released each other to all policies in life or death,… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
My mother told my father (divorce) that I told her and many
my mother told my father (divorce) that I told her and many friends and family members of a horrific sexual abuse at the hands of my father. I never said this, no friends have ever heard of this and n… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Going trough a divorce seperation is in place and visitation
Going trough a divorce seperation is in place and visitation tights for my future ex. I have main custody. My daughter is 13 going on 14. 1. When my daughter was 10 my still husband was fighting with … read more
Sue
Sue
Juris Doctorate
184 satisfied customers
When children are with Father during visitation his new
When children are with Father during visitation his new girlfriend is telling our 6 year old daughter that she will send me (their guardian/Mother) to jail call the cops on me in order to get my daugh… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,806 satisfied customers
Someone filed a divorce against my Dad and step mother and
Someone filed a divorce against my Dad and step mother and nothing was correct her name the date of marriage was all incorrect and we are trying to get it thrown out Florida record … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
I'm a divorced mother of three--along with a son from
Hi, I'm a divorced mother of three--along with a son from another marriage to make four--who has had custody of the three children for 7 years.Recently, my ex--who was paying a paltry $550/month in su… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
879 satisfied customers
My mother and father are divorced and my father has other
My mother and father are divorced and my father has other older children and was put on child support. His name is ***** ***** house my mother is living in but halfof the house is my grandmother's tra… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
879 satisfied customers
I have a question about divorce visitation. in texas, my
i have a question about divorce visitation. in texas, my children do not want to go any longer. they are 14 and 15 yrs old. how can i help them? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 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