Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Need advice regarding my year old daughter, whom I have

joint custody of, not wanting...
Need advice regarding my year old daughter, whom I have joint custody of, not wanting anything to do with her abusive mother. My daughter lives with me and we have moved to another state, with permission from her mom, and now her mother is demanding to see my daughter. Note: her mother does not provide anything for her, not even child support! Can my daughter be made to see her and interact with her?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
10/19/2017
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,150
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Is there any type of custody order in place from a court that sets out a visitation schedule?

.

Are you listed as the father on the birth certificate?

.

Is there any child support order through the courts?

.

.

thanks

Barrister

Ask Your Own Family Law Question
Customer reply replied 8 months ago
The custody order is Joint legal custody. I am the father listed on the birth certificate. No there is not child support ordered through the courts! Since we have joint custody, my daughter was living with her mom 1/2 the time and myself 1/2 the time. Over a year and a half ago my daughter called me at 1 am and pleaded with me to come and get her. I did and my daughter told me everything that had been happening at her mother's home. My daughter told me she did not want to go back, she did not want to live her mom, she did not want anything to do with her. Her mom was abusive to her, mentally, physically, emotionally, etc. Since my daughter has been with me she has excelled in school, accepted responsibilities, become a different young lady. We have moved to Florida, where I am from, and now my daughter's mom wants to come see her and keeps saying she has rights! My daughter adamantly does not want to see her, has even told social services and child protection services the same thing.
Customer reply replied 8 months ago
While my daughter was with her mom I was paying child support, which was ordered through the courts. Social Services and Child Protection Services told me that since my daughter was 12 and her mom and I shared joint custody, my daughter could choose whomever she desired to live with.
Customer reply replied 8 months ago
Also, there is no visitation set out by the courts. The only schedule that is in effect is the original order of joint custody and half time with each parent.

Ok, then legally if the mother has joint custody, she has a right to her custodial time. You can refuse to comply, and then her only recourse is to go to court and file a motion for contempt of court against you. You can then file your own motion to amend the order for full custody based on her prior treatment of daughter. At 12, she would be old enough to express her feelings and preferences to the judge and he could take them into consideration in any modification of the order.

.

And social services is wrong.. A child doesn't have the legal right to decide where they live until they turn 18... Their legal guardian and/or the courts determine where the child lives.. The child can express her preferences, but it is by no means determinative on the judge as to where the child lives.

.

.

thanks

Barrister

Ask Your Own Family Law Question
Customer reply replied 8 months ago
even if my daughter has lived with me for over a year and a half, been in the same town as her mom lives and her mom came to see her once every 2 months for the first year. Then not at all. Plus, my daughter does not want to see her, talk to her, or have any communication with her, this can still happen? Completely uproot everything my daughter has gained and achieved since being with me? Even if her mother does nothing for her? Does not even help with her!We lived in Mississippi until July of this year and moved to my home state of Florida. Her mother was aware of this and even said it was ok, my daughter has done amazing, school (straight A student), no worries, etc. Now this.
Customer reply replied 8 months ago
Should I retain an attorney here locally where we live now? I think she becomes a resident of Florida after 6 months of living here, is that correct or not?
Customer reply replied 8 months ago
What I do not understand, prior to my daughter coming to live with me. Her mother remarried and moved out of state with my daughter and denied me my time with my daughter. I took her to court and was told her mother could move wherever she wanted to with my daughter it was my responsibility to see my daughter. Even with joint legal custody! Then her mother separated from her husband and moved back to the town I lived in and my time still was denied. Even when my daughter wanted to see me! The courts would do nothing in Mississippi. My attorney could get nothing accomplished, period. Now my daughter just wants to be happy and content, live peacefully. Be a kid and a teenager, grow up!
Customer reply replied 8 months ago
What should I do to make sure that this will not happen? I am not going to let my daughter down.
Customer reply replied 8 months ago
You stated the childs legal guardian and or judge determines where the child lives. Since both her parents are legal guardians, doesn't that mean I can have a say in where she lives?

I understand your frustration, but the custody order is just that... an order from the court. If you want to change it, you have to go back to court to do so. Regardless of the mother's actions, she has the right under the current order to shared custody, whether your daughter agrees with it or not.

.

So you go back to court, show proof of how great daughter is doing in your sole custody, and move to have the order amended to make it official that you are sole custodial parent...

.

And if the case has not been transferred to FL, then MS is still the state that retains "exclusive and continuing jurisdiction" over the case unless you actually file a formal request to transfer the case to FL due to both you and daughter being legal residents there.

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,150
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,150
42,150 Satisfied Customers
Experience: Attorney with 17 years experience

Barrister 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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

42,150 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My sons ex has sole custody of his daughter due to his
my sons ex has sole custody of his daughter due to his temporarily moving out of state now his health is being used as a reason he can only get guarded visitation. NOW the mother is getting ready to m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My son's mother filed a petition for paternity/child support
Hi, my son's mother filed a petition for paternity/child support with a standing order that reads under paragraph 8: "each party is hereby enjoined and restrained from causing or permitting the minor … read more
Sean K
Sean K
Attorney/Member
JD
777 satisfied customers
My daughter is divorced with joint custody. The father lives
my daughter is divorced with joint custody. The father lives in virginia as she does. He is trying to move the kids out of state what rights does she have? … read more
Sean K
Sean K
Attorney/Member
JD
777 satisfied customers
I just wanted to solidify visitation/joint custody.. I'm in
I just wanted to solidify visitation/joint custody.. I'm in the military and when we had my son I'm not sure what the automatic "custody agreement" is. do I as the dad get 49%..I need to figure out ho… read more
Sean K
Sean K
Attorney/Member
JD
777 satisfied customers
I have sole custody of my child. And her father just
I have sole custody of my child. And her father just vanishes then suddenly just ask to FaceTime her. Can I deny him or ignore him? Or should I response back?… read more
Barrister
Barrister
Lawyer
42,150 satisfied customers
I came to a child support agreement with my son's mother
I came to a child support agreement with my son's mother which has been signed an notarized. It has not yet been signed by a judge. In the agreement we state that income reviews will happen in April f… read more
Attorney DROD
Attorney DROD
Sole Practioner
Doctoral Degree
47 satisfied customers
My child support states" Child support shall be payable foe
My child support states " Child support shall be payable foe each child until that child dies, marries, enlist in the armed forces, otherwise becom emancipated, or reaches age eighteen or graduates hi… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
508 satisfied customers
Is it possible to get sole custody legal decision making for
Is it possible to get sole custody legal decision making for minor children and how? Would a travel trailer/RV be considered a home for child custody cases as a permanent residence? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
Can a mother with joint custody in NC move out of state to
Can a mother with joint custody in NC move out of state to SC 6 hours away … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
In regards to joint custody cases are the amount of
In regards ***** ***** custody cases are the amount of overnights with each parent is counted as parenting time?… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
549 satisfied customers
How does the custody law work if dad has sole custody but is
how does the custody law work if dad has sole custody but is now leaving for 4 to 6 weeks at a time for the reserves and leaving the 20 month old with his new wife. what can be done to ensure the chil… read more
Ray
Ray
Lawyer
Doctoral Degree
33,048 satisfied customers
My fiance has one child and the mother has two child support
My fiance has one child and the mother has two child support cases opened in different states and she says he has to pay both. Is that true? … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,166 satisfied customers
I have a question about child support, My child's mother
My child's mother recently filed on Friday. Court isn't until July. My child is 4 years old. I have been giving money every month for thr past 4 years and last week I got a DNA test done so she got mad and filed for child suppoty support* … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,166 satisfied customers
Mother was receiving child support. Mother moved to va but
Mother was receiving child support. Mother moved to va but son wanted to stay in ny. Son bus picks him up at grandparent during the week sleeps at grandparent and father will keep him on weekends or w… read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
I filed for sole custody for my son on the grounds that the
i filed for sole custody for my son on the grounds that the father hasn't contacted or visited our son in 2 years. he leaves and works in another country. he might come back for a visit soon, what are… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,363 satisfied customers
It's about joint custody, can you help with that? The only
No. The only thing we have is a professionally typed up agreement to how we wanted to do our joint custody. … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,363 satisfied customers
I have a child support and visitation order that outlined my
I have a child support and visitation order that outlined my ex and I need to live with 5 miles to make it workable - if she moves 15 miles away and now wants to transfer my son to a school in the sam… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can i obtain joint custody for my son if the mother has
can i obtain joint custody for my son if the mother has taken him to georgia without my permission and has place my on childsupport. and i have arrears of 37,000… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,363 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