Can a religious grand parent petition for custody of their grandchildren if the parents are atheist?
I've recently heard of several instances where a religious grandparent, displeased that the parents of their grandchild are atheist and plan to raise the grandchild atheist, threaten to petition for custody or mandated visitation of the grand child or threaten the parents with calling child protective services unless the parents let the grandchild go to church. This seems ridiculous to me, but it got me thinking that there has to be a reason the grandparents think they can do this, so here's my question, based off a few assumptions: Let us assume that the parents of the grandchild are (1) both alive and happily married; (2) atheist; (3) are otherwise good parents; and (4) plan to raise their child to be an atheist. Let us assume the child is: (1) too young to have an opinion on the matter (like between the age 0 and 18 months. Let us assume that the grandparents are: (1) biological or adoptive parents of one of the atheist parents; (2) firm believers in their chosen religion; (3) deeply distraught that the parents are atheist; (4) very concerned about their grandchild's upbringing and wellbeing; and (5) willing to do anything to ensure the grandchild is raised with a religious background. Question: In the United States of America, is there some legal precedent that would allow the grandparents to think they can successfully petition for custody or visitation rights of their grandchildren if the parents are atheist? If there is such a legal precedent, then please explain.
Can I get a restraining order against my sons fathers girlfriend?
Yes, overnight company is allowed when you're not married. The law doesn't govern a person's privacy like that. Due to the fact his girlfriend has not harmed your child in any way, a restraining order would not be granted. --- You don't have grounds for a restraining order, which was your original question. You do have the right to go back to court and get the custody agreement amended or get a custody agreement created if you don't have an agreement already through the court. As you stated you can put it into a parenting plan. There are a lot of things you can put into a custody agreement or parenting plan. There is no law stating a person that is not married to another person can't have them over for overnight visits.
My husband placed a protection order on me and my son’s name is on it, we are in the divorce process, is it possible that I can still get custody or visitation?
I will answer this question by making some assumptions (I'm not claiming to know whether that which I assume is true, but by making these assumptions it will help me give more concrete answers):Your husband filed a fraudulent protective order against you, i.e., he lied.The protective order your husband obtained awarded him custody of your son for the time-being.The same lies your husband has told about you to get the protective order and child custody are the same lies he is telling in the divorce action in an effort to be awarded custody of your son and/or to limit and restriction your visitation with your son.With these assumptions in mind, here is my answer to the question as to whether it is possible that you can still be awarded primary custody and/or visitation:Yes, of course!Now it won’t be easy.And possibility doesn’t mean that you will win the custody and/or the visitation schedule you want, but just because he has a protective order against you doesn’t mean you’re out of the fight.What you need to do is:try to obtain proof that your husband’s protective order was fraudulently sought, and if you find it, make sure the court knows about it, then move to dismiss or amend the protective order in light of the proof you have against it;Did your husband accuse you of being a drug abuser? Then go get a hair follicle test to show you’re cleanDid your husband accuse you of being a drunk? Go get evaluated to show you aren’tDid your husband accuse you of being physically abusive? Go get a rigorous psychological evaluationWere there witnesses who can supply you with an alibi? People who can be witnesses to your good character and parental fitness? Get their affidavits filed with the court. Bring them to hearings to testify.You get the idea?show that your child’s best interest favor a custody and/or visitation schedule that is not as your husband requested in the protective order proceedings;demonstrate that even if the court believes there was a valid basis for your husband obtaining a protective order against you originally, you and circumstances have sufficiently changed/improved such that keeping the protective order in place would be inequitable, unreasonable, obsolete, and not in your child’s best interest.Can you reasonably expect to pull this off without the help of a good lawyer? No. Get a good lawyer (and the help of other professionals) to help you win this battle.
Should I get a restraining order against my in-laws?
It's a long story, but my in-laws caused me and my husband to get divorced over a year ago. They were very controlling, (using "tradition" as a way to control) and when I wouldn't buckle under, they caused our divorce. The judge saw my side of it, and awarded me sole legal custody of our son and physical visitation to my ex-husband every other weekend. They lost BIG TIME. Anyway, my husband FINALLY after almost loosing me completely saw that his parents were the root of all of our problems, and begged me for months to get back together. He has been seeing a counsellor and it seems to have really helped. As a way of getting back together, we decided to take a contract job out of the country, and have been gone for several months, but I am SO afraid of what his parents are going to do when we return. For one thing, before leaving, his mother came over to MY house (we weren't living together but my husband was there), demanding to talk to my ex, and has made ridiculous phone calls etc. I will not stand for this behavior. They already succeeded in getting us divorced, but I guess they are still not happy that we are still together, even though the judge clearly saw--and said in his orders--that they were being ridiculous and that my husband was stupid enough to let it happen. Should I get a restraiining order?
What are the steps to change custody order after the divorce? (USA)
In general, parents have court orders that allow them to change a custody order if they both agree to it in writing.If you can't agree or don't have a clause to allow modifications w/o court involvement, the usual approach is to find a parenting counselor or recommending mediator, preferably a licensed family therapist, who could guide you to get to a new agreement. Once you have an agreement get a lawyer to take it to court.If you can't agree, file an ex-parte motion in court. The opinion of the recommending mediator, sp. if they are a registered family therapist in your state, will weigh a lot.For the specific issues you bring up: ROFR: If one parent cannot care for the child overnight, the other parent should be asked for care. If the parent refuses or does not reply in time, then the burden is in the requesting parent to find care. In other words: parent overnight care is preferred to care by anyone else: grandparents, step-parents, older siblings, etc.This is common. Many licensed family therapists say this is best for the children (when the children are young and parents live close by). There is no make up time or changes to child support due to ROFR.Shared legal custody but one parent has full control on medical care decisions. This is unusual and is unclear how it benefits the children. There are 2 approaches: Trade legal custody responsibilities. Say medical decisions for one parent, and school or religious choices for the other. Write it down in a way that it is practical and very clear cut... it must hold in a court of law. You may need a lawyer.ORGet the other parent arrested on a violence charge or file a restraining order against them claiming that your children's lives are in danger. If this play works, you will automatically get you full custody on the dependants and, if you play the system right, you could maintain custody for many years. This is a horrible known loophole in family law in the US. It is probably the worst possible path for the children... but since for many parents personal ego is more important than welfare of their children, this is a common practice.
Is it possible to request a change to a temporary custody order because a parent is leaving the child at an undisclosed location with an unknown person while he works, and if so, how?
In Texas both parents have a right to receive information about the health, education, and welfare of their children, and they both have the right to be designated on their children’s records as a person to be notified in case of emergency – unless there is some reason for the court to take away those rights.Parents don’t necessarily understand all of their rights and duties, and it’s probably more often than not that I find that a client is violating one or more aspects of their forty-odd page divorce decree. A letter from your attorney explaining your rights to the other parent’s attorney and the consequences of violating them may be enough to fix the problem. This is also a good opportunity to do an orders audit to see if you are out of compliance yourself.One helpful way to think of temporary orders is as an opportunity to try out a custody arrangement and fix whatever isn’t working in the final orders. You may want to start a list of issues you are having and just make sure your attorney addresses them in the final orders. It ought to be pretty simple to have the final orders require parents to exchange information about daycare providers. You should also consider an order requiring enrollment in one of the co-parenting web sites or apps available to help facilitate co-parent communications.
My son’s mother (custodial) instructed him to not unlock his cell phone for my (non-custodial) review without her permission. What should I do?
In Nevada, you file a motion listing your allegations, concerns, and legal analysis. She files an opposition to motion with same. You file a reply to opposition to motion. The matter is submitted and the court renders a decision on the pleadings or sets an evidentiary hearing. Ultimately, I imagine you would prevail on this issue. The Court isn’t going to care who paid for the phone.
Can I file a restraining order against my ex-wife's boyfriend on behalf of my children?
I have been divorced for over a year, and recently during the custody exchanges, my ex-wife's boyfriend has represented himself as being violent and threatened to inflict harm on me. My children were witness to this altercation that occurred again today. I have had the police involved many times over the past year and have a few police reports. My son does not want to return to the house, and my daughter is a special needs child that cries every time her mother picks her up. I am lost as to what I should do. Any suggestions would be greatly appreciated. BTW, we live in Maryland.
Domestic violence and child custody?
ok, you're not going to like this, but i have to say it anyhow. the judge does not need (and in most cases will not) take into consideration any abuse that the father did to you in regards to visitation of the child. unless you can you prove that he was and is a danger to the child, he will more than likely get visitation with the child. that said, the judge should (and usually does) take into consideration the abuse you suffered when deciding custody. if the two parents cannot converse amicably, they will not be able to jointly decide on the proper care for the child. most people confuse custody with visitation. custody determines who is responsible for the child ie what education the child will receive, who the family doctor is, even hair colour and types of sports the child will be in. there are 2 types of custody 1) sole - one parent is the decision maker. this type of custody is generally awarded in cases where one parent is so irresponsible that s/he is not capable of caring properly for a child, and in cases where the parents cannot communicate - such as cases where one parent has been abusive to the other. 2) shared/joint custody - both parents jointly make decisions regarding the child's care. this type of custody is generally decided out of court when the parties can get along reasonably well. most cases which end up in court end up with one parent getting sole custody. visitation determines how often the parent who does not live with the child gets to see the child. this has no bearing (unfortunate though it may be) on any abuse that the other parent has suffered at his/her hands. bottom line is ... try to get as much support for supervised visits as you can. can you get a copy of the other woman's affidavit? and children's aid reports? anything that you can use to protect child? i wish you all the best of luck and hope that i helped at least a little bit