where do i have to get in lawyer if my kids live out of state

Do I need a family lawyer to move with my child?

Oct 29, 2016 · Under the Act, parents can only file a custody action in a child’s home state. The “home state”—which refers to the state where the child has resided for the past 6 months—has priority over the jurisdiction of any other state. For example, if you and your child’s other parent lived in Kansas for the past 3 years, but last week you ...

Is it legal to take a child out of State?

Do I have to send the children to him or does he need to follow the order and pick them up and drop them off at the designated area? Brette's Answer: Based on what you said is in your order, your children cannot go out of state with him unless you agree and you are only required to get them to the stated drop off/pick up point. If he wants to ...

Where do I file for custody when parents live across state lines?

Custody is determined based on what is best for the children. What you need to understand is that the parents' lives certainly impact the children's well-being. That is why relocation is often approved when it means the custodial parent will have …

What to do if your child refuses to leave the House?

I have seen spouses use the trick of moving out of the state with the children very effectively to the detriment of the other spouse during a Texas divorce.However, in some cases, this move can backfire and a judge will grant custody of the children to the other spouse because of what the court believes to be wrongful conduct.. We will now touch on a topic of parents moving out of …

Can a parent take a child out of state without the other parents consent in New York?

Usually, a parent's reasons for wanting to relocate will center on moving for a new spouse or relationship, or to move forward in their career. However, under New York law, one parent cannot just move a child far away from their other parent without Court permission if the other parent objects.Feb 17, 2015

Can a parent take a child out of state without permission of the other parent in Louisiana?

However, if a moving parent takes the child and leaves without the other parent's permission, or a court order, the court can consider that act of defiance, in and of itself, to be a change of circumstances justifying a modification of the original order.

How old does a child have to be to choose which parent to live with in the state of Ohio?

Ohio law does not provide a predetermined age, though many counties do in their local rules. Often they are addressed in the county's standard order of parenting time. The majority of counties appear to choose the age of 16 as the age in which the minor child may make the choice on their own behalf.

At what age can a child decide which parent to live with in California 2021?

age 14In California, the law allows children age 14 and up to express their parental preference to aid in determining custody. However, no matter the child's age, a judge will consider their preference in evaluating the overall suitability of the custody arrangement.Dec 30, 2021

What is parental kidnapping Louisiana?

Under Louisiana law, this crime entails the taking of a child by the non-custodial parent with intentions of keeping the child from the custodial parent. This offense may carry a jail sentence of six months, plus a $500 fine.Apr 2, 2015

Can a mother move a child away from the father?

Can a mother move a child away from the father? Under normal circumstances, a mother cannot move a child away from the father. However, if it is in the child's best interest, it will be allowed. It is best to obtain a court order dealing with the parties' parental responsibilities and rights under the circumstances.

At what age can a child decide to see their father?

In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.

Is Ohio a mom State?

When it comes to child custody in Ohio, the law states that the courts are not permitted to automatically favor either the father or mother, nor show any gender bias; their duty is solely to protect and ensure the best interests of the child.Aug 8, 2019

Can a child refuse visitation in Ohio?

This is false. In the majority of states including Ohio teens under the age of 18 cannot legally make the decision themselves whether or not to see their parents. The only way to change this situation is for the custodial parent to go to court and try to get a modification of the custody agreement.

At what age can a child refuse to see a parent in California?

What age can a child decide not to visit a non-custodial parent in California? A child must be over the age of 16 to refuse to visit a noncustodial parent.Feb 23, 2021

Do you have to pay child support if you have 50/50 custody in California?

You may have to pay child support even with a 50/50 custody agreement if you are the higher-earning parent. This is because the purpose of a child support order is to maintain the standard of living the child would have had if the divorce had never happened.Apr 30, 2021

At what age can a child refuse to see a parent in Florida?

A child cannot choose which parent they want to live until they are 18-years-old. As they get older, however, their opinion can have a greater weight with the court. Ultimately, it is going to be the opinion of the court and what is in the best interest of the child.Oct 25, 2016

What to do if a father doesn't agree with a visitation?

They need a father they see on a regular basis if possible.

What would you look to your custody orders to determine?

Brette's Answer: You would look to your custody orders to determine the visits and financial responsibility for them. It's likely you would alternate holidays and he would get some extensive time in the summer. As far as changing the schedule you've got to either get him to agree or go to court for the change.

What to do if your ex won't agree to fly alone?

Brette's Answer: If your ex will not agree (and if you help him understand the assistance airlines will provide to minors I think he might agree), your only choice is to go to court to ask to have your visitation enforced with provision that your child can fly alone .

How long should I wait to start a 4 year old?

The way to start is to start slowly and gradually. Two weeks is a very long time for a 4 year old. One or two nights would be the best way to gradually introduce this, if that is possible. Children of this age often spend that amount of time with grandparents, so it isn't unreasonable to do so with a parent.

Can my son fly to Florida?

It is likely some visitation will be set up, but your son is so young he wouldn't have to fly to FL, unless a parent was to accompany him. More likely, your ex would be able to come and visit him in your location and spend time with him there. Frequency will probably depend on his schedule.

Can you visit a non-custodial parent after divorce?

While a standard visitation schedule is not practical in these situations, there are ways to enable quality contact with the non-custodial parent.

Can my son go out of state?

Brette's Answer: Based on what you said is in your order, your children cannot go out of state with him unless you agree and you are only required to get them to the stated drop off/pick up point. If he wants to take them out of state and you don't agree, he needs to get the order modified.

What happens if you don't get your son to agree to move?

Brette's Answer: If you don't get him to agree and just go ahead and move, it is in violation of the order and is essentially parental kidnapping. You can either find a way to get him to agree, or you need to go to court and ask for a change. You can go to family court without an attorney and ask for a change.

What to do if a man doesn't agree to a move?

If you can get him to agree, all you have to do is submit a stipulation to the court with the change in plans. If he won't agree, the other way is to file the petition for relocation. That takes a lot of time to work through the courts.

What happens if you move your custody order silent?

If your custody order is silent on it, you can file for permission to move or you can wait for the other parent to file to try to stop you. If you move you deny the other parent visitation.

Is it hard to relocate a divorced parent?

Brette's Answer: Relocating is a difficult thing for divorced parents. On the one hand, you need to do what is right for you and your family, yet on the other hand, you have a responsibility to make sure your child spends time with the other parent. I would suggest you and your ex try to talk this out.

Can you move your kids after divorce?

While it's normal to want a fresh start after your divorce, it can be a little more complicated than just packing everything up and calling the moving company when you have children with your ex. Not only will such a move impact your children, it will also affect how often the non-custodial parent gets to see the kids.

Can you change custody if you refuse to allow contact with your parent?

Brette's Answer: No. In fact, refusing to allow contact with the other parent is called custodial interference and is grounds for a change in custody. You need to show you're willing to support their relationship. If you want custody, you'll need to file for it and seek temporary custody.

What is a child in criminal law?

However, when used in the context of delinquency and criminal acts, “child” refers to a person who is under 17 (under 16 for some serious crimes). Children involved in delinquency proceedings are often referred to as “juveniles.”.

What is the point in time when parents are no longer legally responsible for their children?

Generally, emancipation is that point in time when parents are no longer legally responsible for their children, and children are no longer legally required to answer to their parents. It is when your parents no longer have to provide you with food, clothing, medical care, and education.

How old do you have to be to be in a rear facing child seat?

A child who is at least one but less than 6 years old and who weighs at least 20 but less than 40 pounds must be in the back seat in a forward-facing child safety seat.

How old do you have to be to get a conditional license?

Option one-Conditional license(for people who are at least 15 years old and less than 16): Obtain a beginner’s permit at age 15. After driving with this permit for 180 days (approximately six months), you can apply for a conditional license.

How old do you have to be to be emancipated?

Furthermore, if you are accused of violating a criminal law and you are at least 17 years old (16 for certain serious crimes), you will be treated as an adult. When you reach the age of majority, you are said to be “emancipated.”.

Can my parents kick me out of my house?

On the other hand, if you are 17 years old and have a record of being incorrigible (beyond your parent’s control), then your parents may kick you out of their home and stop supporting you in any manner.

Can a child borrow money?

A child has the full capacity to enter into a contract to borrow money to help pay the costs of attending an institution of higher education, and the child is responsible for the repayment of the money. This is an exception to the general rule that children cannot enter into a legally binding contract. 14 .

What to do if your father disagrees with your move?

However, if the father vehemently disagrees with the move, you will have to go to court. If he is legally represented and you are not, you may find yourself at a disadvantage. It is best to seek the counsel of a seasoned Family Law attorney to ensure that you enter the relocation process on equal footing.

How far away from your current residence can you move?

It is important to note that moving more than 50 miles away from your current residence without the permission of the child’s father and absent the court’s approval will likely garner unfavorable results, such as being held in contempt and ordered to return until the case is settled.

Can a mother travel with her child if there is a parenting plan?

Unwed And Paternal Rights Not Established: In this situation, the mother is under no obligation to notify the father or courts of the move and can travel freely with her child.

Can a mother move without permission in Florida?

While Family Law in Florida is clear about restrictions on moving without the permission of a father that has parental rights intact, it also allows for mothers to have the ability to move without permission.

Can a child be born out of wedlock?

Depending on if you are currently married, the child was born out of wedlock and/or if the father’s rights have been legitimized via court order , there will be varying options for the mother.

Can a father move a child back to Florida?

Though, if the father decides to file for divorce in Florida, you may be ordered to bring your child back until the case is settled. The Father Agrees: When the father of the child agrees to the move, you are allowed to move to an agreed upon state.

Can a mother move away from her father in Florida?

Family Law in Florida limits a mother’s right to move without the father’s permission in a few instances. The situations that will require permission from the father and/or courts are outlined below: Divorced: When divorced, you are not allowed to move more than 50 miles away from your current residence without the permission ...

What happens if a marriage is not filed?

However, if a dissolution of marriage is not filed, there isn’t much, if anything, that can be done to stop her. The most common issue is that people get into when removal or relocation is a threat is to wait too long to do something to stop it.

Can a married couple take their kids away from their house?

Right off the bat, you need to tell her that she cannot take your children away from their house. She has no right to do so because as a married couple, both of you have the same legal rights to joint physical custody and joint legal custody to the kids.

What happens if you don't mention a child in your estate?

If you just fail to mention a child they can claim the omission was an oversight and seek a share under the doctrine known as the "pretermitted heir."

Who can contest a will?

The only forced heirs now (those entitled by law to a portion of your estate) are those under the age of twenty-four at the time of your death, and children with disabilities. Anyone can contest a will, but few are ever successful.

Can a child contest a will?

It is common to mention the child specifically and state that the child is not receiving anything under the will or give the child $ 1.00 under the will. This leaves very little room for the child to contest the will saying that they were accidentally forgotten.

Can you omit a child from a will?

It is best to have an attorney help you draft your will - so you can make as sure as possible, that omitting a child as a beneficiary from your will, won't result in a challenge. There are ways to include language in a will to show that you are purposely not providing for a child - you can even include a no-contest clause - ...

Can you exclude a child from a will?

You can choose to exclude and include whomever you wish in your will. Certainly if you exclude a child, there is a chance they will contest the will. Your best bet is to have a skilled estate planning attorney draft your will for you including an explanation as to why you are excluding that child.

Do you have to leave a child in a will?

You do not have to leave a child anything but you need to mention that child and state that you have deliberately made no provision for them in the will. Otherwise, that child could claim to be a forgotten heir. You should confer with your estate planning attorney about how best to accomplish your desired goals.

Can you leave a child out of your will?

If the child is an adult, you can choose to leave him/her out of your will but you should state specifically in the will that the child inherits nothing and why you made that decision. If the child is still a minor, you have an obligation to provide something for the care and education of the child until he/she reaches the age of majority.

What to do if you have a court date scheduled?

If you have a court date scheduled and wish to go before a judge for a decision, stand your ground. There is no guarantee you will get a better settlement from the judge but, you will at least know you were in control of how your divorce played out. 3.

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

What are the unwritten rules of family court?

3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...

Is an ex-spouse held accountable for child support?

Their ex-spouse is not held accountable and they and their children are left to struggle due to a system that is supposed to protect them. Below is an example of what happens in the Family Court System when trying to collect child support.

Can a father go to jail for non payment of child support?

Regardless of what you hear about fathers going to jail for non-payment, that rarely happens. When it comes to enforcing that child support order don’t expect much help for your local Family Court Judge. 2. If you have a court date scheduled and wish to go before a judge for a decision, stand your ground.

Do judges and lawyers know each other?

Most judges and lawyers are friends outside the courtroom, especially if you live in a small community. Your lawyer knows the judge, his lawyer knows the judge and it is difficult for a judge to remain impartial if he is better buddies with one or the other of the lawyers.

Why do parents tell their children they have to find somewhere else to live?

So you have “the talk” with your child and tell them they will have to find somewhere else to live because you are sick ...

How long do you have to give a child a notice to leave?

The only way to legally start the eviction process on a child with a tenancy at will is to give him or her a 30-day notice to vacate (60-day notice if the child has been in your home more than one year) and wait the 30 or 60 days after you gave notice to allow your child to leave.

Can a child return to their home if they are encouraging them to leave?

Taking the wrong type of action such as “encouraging” your child to leave by removing his or her belongings from your home or something similar could lead to a lawsuit, and a court order could allow your child to return to your home. There could also be other penalties.