what are the laws about divorce and visitation when dv is involved?
83316
Probably yes.  After completion of anger control, domestic violence counseling, and any jail time.  \n\nBut if mom can show that ex is a threat to kids, she can take out a restraining order against him.  \n\nIf ex can convince the judge that he's changed, he is sorry for what he did, and still genuinely care and love the kids, he may be able to get supervised visitation rights.
441787
The two things are separate issues. The child support is for the child, not for your ex-wife and it has to be per the existing court order no matter what. Child support can be modified in Family Court. So, if your ex took off with your daughter and you did not know where to send support checks and she was not in touch with you or the court trying to get it, you could possibly have the retroactively modified in Family Court by filing a motion.\n\nYour ex is guilty of kidnapping. The same Family Court Judge can issue a bench warrant for her arrest that the DA has to act on if you file a motion. He is going to ask you why you didn't do this 7 years ago which is a pretty good question. Normally, the warrant in cases like this is satisfied by getting the child back into the state. Arrests are rare. Now, that your daughter is not a minor, probably nothing will be done.\n\nGet an attorney to help you file these things and argue before the judge.
1136888
It will never automatically be considered abondonment without you petitioning the court to terminate the other parent's parental rights.  You should contact a Virginia attorney about this.  As with every state, the paramount concern is the 'best interests of the child'  \n\nStatute: §16.2-283(A), (B)-(E), (G)\n\nGrounds:  Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, voluntary relinquishment, identity or location of parent unknown, aggravated circumstances.
437706
I'm not an attorney so the best person to ask would be to have a free consultation w/ an attorney you find in the yellow pages. But from my understanding you can revoke his visitation rights w/ a modification to the decree/order. If he tried for shared parenting later it all depends on the circumstances and the judge but it is possible.
1112564
I live in Georgia and am a man. My ex wife is abusively controlling. After our divorce she turned into super mom. Having to control every tiny thing about the children to the point of obsession. My son wants to be with me and my attorney says the judges have to consider a request at 12, strongly consider at 13, and no choice but accept the request at 14. Unless the request isnt in the best interest of the child, ie... the requested parent is a crimminal or drug addict etc...
117763
If you are in the process of getting divorce, you should ask the Court to issue some sort of temporary order giving you full custody and your husband only day-time visitation.  You should also try to get the Court to order him to take a drug test.
872459
Usually DV is only a felony if the injuries were severe.\n\nIn Kentucky, domestic violence is considered "Fourth Degree Assault".\n\nHopefully there will be a stiff penalty.
373237
every state has different child custody laws. this is what mine are:  i moved from cali to texas when my daughter was 3 months old her father stayed in cali. the order was that i had full physical custody and joint legal custody which means i have her all the time but if anything happened, like god forbid and accident, he would have a say in the matter. now that she is 6 she has to see him at least twice a year for at least a week but that is with me there and we split the cost of airfare. alot can be done and you have a while before you have to worry about that.in my experience i have learned that most family courts are in favor of the mothers and a baby needs his/her mother the first year most. stay strong it will all work out. congratulations!
160885
It depends on what state you are living in now (presumably the same state that granted the divorce), and their laws governing such things.  Depending on the state, yes, he certainly can prevent you from doing so.
1164933
Get a lawyer - some will take your case & get payment from your husband plus attend some type pyschological counseling.  You  are being screwed here.   You are entitled to  spousal support; plus visitation.  File an OSC & ask attorney to go ex-parte to get  you temporary financial support until the hearing.\nYou can also fill out paperwork online if CA,,, use this website \nhttp://www.courtinfo.ca.gov/selfhelp/  \nChild needs counseling & when you go to court demand child get it.  No child has the right to pysically abuse their parent & you as her parent should not be penalized by losing your home or the other daughter.\nSeems husband is not doing right by you...  you need to get angry & start standing up for yourself &  your rights
1139147
he can only divorce you in the last state you resided as husband and wife.and you can run and ad in newspaper to fulfill requirement of notification.but legal aid would have already told you this which makes me think this is just for attention
640330
Try this:\n\nhttp://www.onlinedivorcepapers.com/divorce.html
188178
Get A lawyer My Hubbie got caught up w&#92;his bro well the prosucuter told me he'd get  a year, I got a lawyer he only did the time it took to get him a court date do not plea to nothig that what he did now that stuff is always on his record .besides around here they r getting reall tough on d.v
862298
Ask your lawyer. It all depends on the situation with the trust and the conditions of your divorce.
626377
From my personal experience, if you and your spouse have joint custody, then the custodial parent has to have permission from the non-custodial, in writing (through your attorneys) and visitation privileges changed since the children will be living out of state.  The non-custodial needs to make sure he is getting quality and ample visitation time as the agreement will be binding 18 yrs. and would surely have a profound effect of the children if the changes are not fair.  If you do have joint custody, then you do have the right to fight the move and a judge will make the decision based on each case.  Again, my experience tells me that it is very hard for the custodial to pull up stakes and just leave without the blessing of the non-custodial.  If full custody was given to one parent, then they do have the right to go wherever they want, but you can get the visitation agreement changed so that the children spend ample time with both parents.  Good Luck!
615084
Contact the family court that issued the visitation order and let them know that the mother is violating it.  They should be able to provide you with guidance on what to do.
145064
Also don't know Washington law, but agree that the State will often pick up DV charges if the victim recants or withdraws.  \n\nIf you want the charge dropped, you need to speak with the prosecutor, not the courts or anyone else.  It's the prosecutor's office that's doing the prosecution, so they're the ones to talk to if you no longer desire prosecution.\n\nWhere did the no contact order come from?  In California, the judge can issue one from the bench on his own or at the request of the prosecutor.  You might have sought one out as well.  In any event, most likely a judge is the one who actually issued the order, and it takes a judge to rescind it.  If you asked for it, get yourself back on calendar and tell the judge why you don't want it.  If the prosecutor asked for it on your behalf, ask them to ask the judge to rescind it.\n\nGood luck with whatever you do, but I really, REALLY encourage you to leave the no contact order as is.  Up to you what you want to do with the DV criminal charges, but there shouldn't be any harm leaving the no contact order in place if you've moved out of state anyway, right?