Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

How much would this cost? ok. i'm asking on behalf of my bf.

how much would this cost? JA...
how much would this cost?
JA: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).
Customer: ok. i'm asking on behalf of my bf. he's been separated from his ex for 3 years and has kept her on his car insurance until then. he told her today he'd take her off (she was supposed to pay 2 months ago and still hasn't) and partly because i wanted those ties as separated as they can be.
JA: When we are ready I'll take you to the appropriate web page.
Customer: she sent a text saying if he takes her off the insurance that she's keeping their son today, she confirmed (the end of insurance was sept. 1) that she's going to keep him full time starting immediately
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: florida
JA: Have you talked to a lawyer yet?
Customer: no it just happened about an hour ago actually about 20 mins ago --i just got to work
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 minutes by:
8/30/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,262
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about this situation. Is there a custody/visitation order in place?

Ask Your Own Legal Question
Customer reply replied 2 months ago
no there is not one currently. for the past 3 years she's been fine with going week by week
Customer reply replied 2 months ago
They take turns every other week and it's never been an issue until he confirmed the insurance was being removed.

Did they have anything in writing governing this arrangement? Do they live close to each other?

Ask Your Own Legal Question
Customer reply replied 2 months ago
They live in the same town and for the past 3 years have had this arrangement and she's been fine with it.

Are both of them working? Is there daycare for when the custodial parent is working? If so, who pays that? Are their incomes similar?

(Thank you for answering all these questions, as they are relevant in the answer that I will give...I wouldn't be asking if they weren't relevant)

Ask Your Own Legal Question
Customer reply replied 2 months ago
He has lived with his parents because it helps out with living arrangements. In the past year they have split a huge room (his son & him) but today she said that his schedule doesn't work out for them anymore. It's not fair to their son to spend so much time with the grandparents and not him. She said he needs consistency and she can provide this because her and her boyfriend just moved to a new house where Colton has his own room.
Customer reply replied 2 months ago
he got promoted this year as a store manager of a store and tries to work his schedule so he has as much time with his son. His parents help raise him though. There was a daycare and he always paid it all. He just started kindergarden so they're responsible for their before/after care for their individual weeks.
Customer reply replied 2 months ago
I'm not sure what her income is anymore. There was a point where her income was higher than his but I believe she got fired from that job. I'm not sure what she does now honestly. She works with doctor's and has her bachelor's and is supposedly pursuing her master's degree.

I see. Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

Ask Your Own Legal Question

When there's not a custody/visitation order, there's nothing that can be done without such an order. That means if she's withholding his son from him, even unreasonably, he can't complain to the police, etc... He'd have to file for a custody/visitation order.

The primary factors that the court will look at to determine how to award custody are the following:

  1. The child's school and home history;
  2. Parents' mental, physical and moral status;
  3. Permanence of the proposed home;
  4. Continuity of the child's situation;
  5. Parent's ability to provide;
  6. Love, affection and existing ties between child and respective parent;
  7. Domestic violence (if any);
  8. Whether the parent will cooperate and encourage contact by the other parent;
  9. Whether the parent will be reasonable in accommodating any changes that need to be made;
  10. Whether the parent will honor the time-sharing schedule;
  11. The involvement of each parent with the child's life (i.e. teachers, friends, extracurricular activities, etc.);
  12. The ability of the parents to meet the child's developmental needs;
  13. How parental responsibilities will be divided up after the proceeding is over, including how much of the parental responsibilities will be performed by someone else (such as a nanny).

A parent needs to be prepared to give as much information as possible to the court. This includes information on the other parent, as well. Without all the information at hand, it becomes more difficult for a court to hand out a fair custody ruling.

Now this is something that he could do on his own (he'd want to contact the county clerk to see if they have the forms and process available). But it might be that simply threatening to file for primary custody would be enough to scare her to reverting back to the previous agreement. THe court would take into account that agreement, and would not look kindly on the fact that she unreasonably withheld possession of the child over a dispute about who pays car insurance. That doesn't look good for her. The court is going to be looking at who is more "adult" and able to work with the other parent (among the other factors above). At bare minimum, he'd get visitation rights even if she were awarded custody, but as she'd be as busy as he would be, the fact that she's not working probably wouldn't give her any better chance.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Ask Your Own Legal Question
Customer reply replied 2 months ago
Would the text she sent count as extortion though because it seems that's what she's doing to me. Pay the insurance otherwise she's keeping his son?

No. It would still look bad in a custody hearing. But criminal extortion is where she threatens to release some information or physically injure the victim unless he pays money. This is detestable, sure, but it's not extortion (at least in the criminal sense).

Ask Your Own Legal Question

Did you have any other questions before you rate this answer?

Ask Your Own Legal Question

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,262
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 2 months ago
Sorry, got called into a work meeting! Thanks for this information.

You're welcome, and again, good luck to you!

Ask Your Own Legal Question
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,262
17,262 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq 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:

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

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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I LIVE IN MD. My gf has been charged with domestic violence
I want to know how I can drop the charges against her without getting myself into trouble. I feel bad for her… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I have a court hearing for Domestic Violence on Nov 13th,
second opinion] I have a court hearing for Domestic Violence on Nov 13th, today, the defendant tried to serve me with a counter TRO ( as his strategy because I never have any contact with him), if he … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
I have a court hearing for Domestic Violence on Nov 13th,
I have a court hearing for Domestic Violence on Nov 13th, today, the defendant tried to serve me with a counter TRO ( as his strategy because I never have any contact with him), if he is unable to ser… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
My soon to be ex wife filed a domestic violence restraining
My soon to be ex wife filed a domestic violence restraining order on me last week. Claiming I slapped her, bit her on the back and i pushed her down a small flight of stairs causing her to miscarry ou… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I'm currently filling a domestic violence restraining order
Hi, I'm currently filling a domestic violence restraining order in California against my ex girlfriend. She showed up to my job one day and house the next refusing to leave. I had to call the cops to … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,441 satisfied customers
State of Ohio.. Charge of Domestic Violence. Victim claims
State of Ohio.. Charge of Domestic Violence. Victim claims she, her husband, the defendant and the defendant's boyfriend had a verbal confrontation where defendant called her names and made threats of… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
Can I drop domestic violence charges against my ex
Can I drop domestic violence charges against my ex boyfriend? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Domestic violence and have court on this friday in newark
domestic violence and have court on this friday in newark ohio … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,189 satisfied customers
Can a simple assault charge from a domestic violence episode
Can a simple assault charge from a domestic violence episode be dropped? … read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
Second opinion] advice on domestic violence, rhode island,
Second opinion] advice on domestic violence JA: What state are you in? It matters because laws vary by location. Customer: rhode island JA: Has anything been filed or reported? Customer: yes JA: Anyth… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
I have a neighbor who has filed a false domestic violence
I have a neighbor who has filed a false domestic violence report against me in retaliation for my filing a complaint with Animal Control because he refuses to leash his dog. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
Advice on domestic violence, rhode island, yes, it was a
advice on domestic violence JA: What state are you in? It matters because laws vary by location. Customer: rhode island JA: Has anything been filed or reported? Customer: yes JA: Anything else you wan… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
A domestic violence protection order was filed against me
A domestic violence protection order was filed against me and subsequently dismissed at the hearing, I have reasons to believe that it was without cause and retaliatory in nature. Are there any legal … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,881 satisfied customers
MY BOYFRIEND WAS ARRESTED FOR DOMESTIC VIOLENCE IN APRIL;
MY BOYFRIEND WAS ARRESTED FOR DOMESTIC VIOLENCE IN APRIL; HIS PRELIM. HEARING WAS LAST WEEK. HE PLED "NOT GUILTY" & NOW THE STATE WANTS TO SUBPOENA ME. I DO NOT WANT TO TESTIFY. I LIVE IN NEVADA. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
I was arrested for domestic violence in 2010, the case was
I was arrested for domestic violence in 2010, the case was dismissed "nolle prosequi." I have court records. My green card renewal comes up in June 2019, I am worried if this will prevent the renewal … read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
I had a domestic violence about 15yrs ago and in the last
I had a domestic violence about 15yrs ago and in the last year I have went to Oakland county sheriffs Pontiac office and they have issued me a application and license to purchase a pistol on 2 seperat… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
Can a domestic violence victim face charges for refusing to
Can a domestic violence victim face charges for refusing to testify even under subpoena … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
In 2012 I was charged with domestic violence 2919.25 f4
In 2012 I was charged with domestic violence 2919.25 f4 because I had prior misdemeanor domestic violences as a juvenile. I'm wondering if it e … read more
KJL LAW
KJL LAW
Juris Doctorate
1,621 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