What would you like to do?
Yes. I doubt that any judge of Family Court would buy the "only once" defense. All of the judges, social workers, etc. I have encountered stick to the "Past behavior is a true indicator of future behavior" rule.
Was this answer useful?
Thanks for the feedback!
Answer You will have to seek legal counsel on this one. Answer You can speak to the police agency where the charge was filed and they can give you information…. You don't need a lawyer to drop an assault charge.
This is difficult to answer because the main deciding factor is the judge in the case. If the spouse is a good parent (I realize many of us don't consider a cheating partn…er being a good parent though it has little impact if the child is protected properly), it is unlikely the judge will award sole custody to the faithful party. Also, keep in mind that in most jurisdictions you will need to file for divorce. Custody will be determined as part of the divorce proceeding and having an extramarital affair is generally not a reason for denying custody.
A divorce with the custody of a child involved can get very tricky when one parent lives abroad. It is almost impossible to force the absent parent to pay child support, a…nd if the parent takes the child to some countries it may be impossible for the US parent to get the child back,
Can you charge an ex-spouse and his family with child abuse for withholding regular child visitation and failing to follow court orders?
No. Generally witholding visitation or failing to follow court orders is a civil issue. It must be addressed in civil court in terms of a custody case. This type of situation …would not fall under child abuse and neglect, and DFS cannot become involved in custody issues.
Not in and of itself. In most cases, the offended spouse will get custody, because the lack of moral values on the part of the offending spouse.
What visitation rights does a spouse have with their child after the other spouse has left with the child?
Equal rights and access see link
In some states, yes. In Michigan, for example, any parent who faces two or more years incarcerated, faces termination of parental rights by Family Court. Termination of ri…ghts is not automatic nor guaranteed, nor is it particularly easy. Custody, which you ask about, and Termination of rights are legally different processes, so as for filing for custody, irrelevant by your own question: the other parent is currently incarcerated, the children are with you; both legally and physically you already have de facto sole custody. That isn't likely to change even after the other is released. Custody will remain with you as a matter of de facto reality. And, consider, you are securing the strategic high ground by doing nothing, or at minimum seeking a supervised visitation order.
A spouse having an affair is not usually something the judge takes into consideration when deciding which parent will get custody of the children.
Depends on how long and why they went to jail... You can go to family court and say that he/she is unfit... They can get TEMPORARY full custody , pending a hearing in Family C…ourt.
Is it legal for a step parent to pick up a child from daycare on non custodial days of their spouse without permission from the other parent?
The answer can vary depending on the state. If it is a non custodial day, but the parent that had custody that asked them to, and they are on the daycare's pick up list, it …should be fine. If the parent that had custody that day did not give prior permission, or make the request of the step parent, it could potentially be interfering with child custody. The rules of child custody can vary a lot, not only per state, but also per case. A lot can come down to who your judge is. Your best bet is to contact your family attorney, and fill him or her in on everything that happened.
Adultery is not usually considered in determining who gets custody of the children because being faithful or unfaithful doesn't typically affect the quality or ability of one'…s parenting.
is it illegal for a spouse to blackmail the other spouse
No, not without a court order. Married parents have equal parental rights. No, not without a court order. Married parents have equal parental rights. No, not without a court… order. Married parents have equal parental rights. No, not without a court order. Married parents have equal parental rights.
Believe it or not, in some states yes. Adultery is still on the books as a crime in 22 states and if parents are convicted of a crime, they risk obtaining or maintaining custo…dy of their children. And even in states where it isn't a crime, the parents' lifestyles are taken into consideration when deciding where it would be in the best interests of the child to reside. The courts usually will award custody to the parent who can provide a more stable environment.
No. Other people have no obligation to pay for a child that is not theirs.
It depends on the state you live in! Most often, if both people have established residency and get mail delivered to that address, pay bills together or are responsible for bi…lls, and have a financial obligation or interest to the residence - then NO, no spouse can lock the other spouse out. One can volunteer to leave, or police may ask one party to leave for a specified time (if they get involved), but the right to the residence still remains. The judge can remove a party from the residence, but that would be because of a court order/restraining order/protective order.