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Can a spouse be granted full custody with no visitation just because the other spouse was charged with simple assault on her child only once?
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.
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Answer Custody is granted based on what is in the best interest of the child and not on financial status. This is the reason that non custodial …parent are equally responsible for the financial issues concerning the child's welfare.
Can a custodial parent seek child support payments from the non custodial parent's new spouse if non custodial parent is unemployed?
No. She has no legal responsibility to support the children. Only the biological parents have any responsibility for child support.
spouse - marriage partner
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.
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.
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.
No. Private individuals do not have the right or authority to make or drop criminal charges. Only the prosecuting attorney makes that decision.
Once you have been charged with simple assault, it becomes the People of the State vs. You, and the person (victim) you assaulted can't just drop it, because it is not his/her… case anymore - it is the District Attorney's case.
A spouse having an affair is not usually something the judge takes into consideration when deciding which parent will get custody of the children.
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.
If you qualify for it, you can petition to have the conviction expunged.
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,
I've seen it happen frequently to fathers. The mother runs off. He hopes she'll come back, so he doesn't even file for child support. She comes back, he lets her see the… children. While in possession of them, she files against him.
No, and you have no legal rights to the child, period, in every state except Arizona. see link
Sure, get a good lawyer to prove this point. If he only wants custody of your child when he's served with child support papers, this would be a red flag for a judge. Tell the …court how long it's been since he's had anything to do with the child. A judge can see right through the smoke screen. No, as no attorney would tell a father this. Who would be supporting the child if he got custody? Only 15% of mothers are order to pay, of which 5% ever pay. That 1 out of 1000 custodial fathers getting child support. Further, even with sole custody, he can still be ordered to pay. At the current stage in fathers rights, this idea is an Urban Myth, though it may change now that more women are working than men and stay at home dads will have a greater chance of getting custody and child support as a growing number will have to go on Welfare.
No, he did it because he has no respect for women in general, and you in particular. You need to decide if this man is really worthy of your time and devotion.