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Child custody, supervised visitation, termination of parental rights? law answers (121950)

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Q: 

How are child custody rights established and is it always necessary to go to court to establish those rights?

A:  In casesof divorce, thecourt of jurisdiction for the divorce proceedings also determines childcustody arrangements. Typically, if the spouses have children togetherwhile married, the parents have joint guardianship over that child and theparental rights are equal. Each parent has an equal right to the custody of thechild when they separate. The parent with custody controls decisions pertainingto the child''s education, religious upbringing, and health care. Courts havethe option of choosing one of several types of custody. The Courts also make decisions in regards to visitation rights. When a...

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My Ex Disappears and doesn’t Show up for Designated visitation, Can I File for Sole Custody Without Visitation?

A:  “I have been divorced for a few months now, my ex is turning out to be the typical dead beat dad. He disappears for days without returning phone calls and/or text messages, and no one knows where he is. Right now I have sole physical and we have joint legal custody, I want sole custody of all 3 kids without visitation. He doesn’t show up when he says he will, and I’m sick of making excuses for him to the kids. Please let me know if there is anything I can do to make him give up his rights to them, or at least give me sole custody with supervised visitation.” If he wants to sign an agreement with you to forego his parental custodial rights then...

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child custody, I want to file for full custody of my son (i live in NJ)

A:  Anything relating to child custody and child visitation rights the courts main concern is what is in the best interest of the child. The actions that the father has exhibited is something that obviously not in the best interest of the child and something you need to keep notes of in order to win the case. You do need to keep in mind that these can be changed if the father changes and wants to assume a more active role in his sons life or if you do things that he can say are not in the childs best interest. Also, it is important to remember that courts do try to keep both parents in the picture as much as possible when it is appropriate....

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Does termination of parental rights have to be filed before i file adoption for my husband?

A:  I do need to say that the way your question is presented in Q&A it seemed as if you wanted to adopt your husband! ??? Yes! You do have to file for termination of parental rights...But, laws vary state to state. For example, right now in Florida, if you are married, and have an affair and end up pregnant. Your husband is the ''legal'' father and is responsible for that child as if that child were his own. Strange! ???I gotcha about the cash! Look in your phone book and see if there is a legal aid, or a place for you to call for info. A law school, find a law student who specializes in family

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Violation of supervised visitation, what can be done?

A:  He files in Court because she has violated the Court Order (that visitation be supervised). If he has an Attorney, that Attorney may very well advise that visitation be denied to the mother until this issue is settled - particularly if there is a reason (which I assume there is) for supervised visitation. I would NOT take this step without first consulting with an Attorney. While what you have posted appears very clear cut you are new to the Board and everyone wants to make sure things are exactly as you have said - so contact the Clerk of the Court and make sure you are 100% in the right. He does have an attorney, and contacted the office last night leaving a message, and also called a hotline with domestic relations. She does have a...

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What to do about child custody?

A:  it''s a good thing these kids are old enough to be able to talk to someone about what''s going on. You need to get a lawyer and talk about custody again. It wasn''t a good idea to have shared custody. They need to have supervised visitation.....seriously! You said something about your ex letting the kids go over cause it was what''s best for the children but NO that''s not the best for the children. Being in that sort of life style is NOT good for the children. I would be fighting that tooth and nail......The way the mom and step dad are acting is going to be seriously frowned upon by any judge.....games like that are not tolerable anymore. Get a

Q: 

child custody and living arrangements

A:  How very sad, that 5 1/2 years after separation, you and your ex-partner are still in conflict over custody. Obviously, it would be inappropriate for me as a sitting family court judge to give you legal advice or even express an opinion as to your chances of changing the parenting arrangement that has been in place for so long. I can say this: children who are caught in the middle of parental conflict (particularly if the conflict has been ongoing for a long time) are frequently at risk of suffering serious emotional harm. I believe that parenting arrangements and schedules are not as important as the child''s need for peace, stability and love from both parents. I would strongly suggest that you pick up a copy of...

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Can a child share a room with a parent?

A:  There is nothing illegal or inappropriate with a child sharing a room with a parent. Unfortunately there is nothing you can do unless you find out that the significant other (other parent) is abusing your child. The only thing that would be illegal is if your wife is renting a one bedroom apartment and on the lease it states that only one person is allowed to live in the apartment etc. But even than it wouldn''t have any influence on the court decision. Prior to you losing custody of your child I''m sure living arrangements were discussed. At that time, the courts would decide which was the best arrangement for the child....

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child Custody in Michigan?

A:  I''m confused. It sounds like he HAS custody. She would be the one who would have to try to take custody away from him. Is his name on the birth certificate as the father? If so, I don''t see what is stopping him from going whereever he wishes. He would probably do well to advise someone of his whereabouts so she can''t claim he is concealing the child from her. *Edit* I am assuming there isn''t already a child custody order in place. If there is, that would control and he would have to have it changed. He is the leagal father. If his name is on the birth certificate then he is. An emergency hearing in the us takes about a year. Thought he already had custody if he is taking care of the child now, since the mother...

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Can The State Terminate A Parent''s rights Over Their children?

A:  Yes.  Every state has an agency that protects the interests of children.  That agency may ask the court to terminate parental rights.  Usually, the state must show that the parent is unfit and that severing the relationship is in the best interests of the child.  To be found “unfit” the state usually must show that the child is in danger of suffering from some form of abuse, the parent is unable to care for the child (usually because of mental capacity or drug addiction) or the child has been abandoned by the parent....