Will the fact that parental responsibilities were allocated to me stay the same through the divorce? 18 Answers as of December 14, 2011
The ex was given parenting time through a supervised agency only determined by the outcome of the dependency and neglect case. Now the most important issue on my mind is to keep my children out of harms way. I know that she is capable of the worst for my children and I know now more than ever that I have to do everything possible to keep my kids safe. They are my world and they have a lot of living to do. They are 3 years my daughter and 4 years my son. Do those findings carry through to the divorce? There are some words in the order I don't understand of allocating parental responsibility, survives dismissal of the dependency and neglect case.Free Case Evaluation by a Local Lawyer!
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ROWE LAW FIRM | Jeffrey S. Wittenbrink
Your divorce attorney should be made aware of all of the facts and circumstances of the previous child protective services orders so that the children may be protected in the divorce process. If you do not take steps to protect the children in the divorce, you may end up losing custody to the state.
Answer Applies to: Louisiana
Replied: 12/14/2011
Wolverine Law | Stuart Collis
Often times, in divorce court, the judge will follow the same rulings as those in the abuse and neglect case. However, they always have the ability to change those rulings as changes in circumstance occur. Nothing is necessarily permanent in any divorce, child custody or paternity case.
Answer Applies to: Michigan
Replied: 12/13/2011
Walnut Creek Family Law Center, Inc. | Merritt L. Weisinger
You have what is commonly referred to as an "Exit Order". The final order in the dependency case becomes the initial order in the family law case. The family law court can normally modify that order once the dependency case has been terminated. If you believe the Exit Order is not enough protection for the children, seek a modification in the famlaw case. However, if the Exit Order already calls for supervised visitation, you might consider leaving well-enough alone since professional visitation supervisors are trained and provide far better protection than non-professional supervisors who only take a two hour course to qualify.
Answer Applies to: California
Replied: 12/13/2011
Reeves Law Firm, P.C. | Roy L. Reeves
You really need to discuss this with a lawyer in person. I cannot answer your question without seeing the facts, the background pleadings, and the orders giving her supervised visitation, etc. Most likely - and this is just a guess at this point - the Judge will weigh in your favor based on the past orders. It is up to you and your lawyer to make sure the facts are presented to the Judge so that he/she remembers or goes and reads the prior orders.
Answer Applies to: Texas
Replied: 12/12/2011
The Law Office of Cathy R. Cook | Cathy R. Cook
The divorce court can independently determine the allocation of parental rights. However, the findings in the dependency and neglect case will go a long way toward giving you custody.
Answer Applies to: Ohio
Replied: 12/12/2011
John E. Kirchner, Attorney at Law | John Kirchner
Generally, parenting plans & orders are always subject to change of circumstances and, therefore, potential modification based upon whether the best interests of the child will benefit from a change. There is no simple rule because every case is different.
Answer Applies to: Colorado
Replied: 12/12/2011
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
While the court will certainly be inclined to consider such information, all issues of child custody and visitation will be decided by the judge if the two of you cannot agree.
Answer Applies to: Georgia
Replied: 12/12/2011
Law Office of William L Spern | William Spern
A divorce is different that a neglect case. The issues in the neglect case will weigh heavily against your ex in the divorce or any post-divorce action for custody. Seek the services of an attorney that practices in the area of divorce and neglect cases.
Answer Applies to: Michigan
Replied: 12/12/2011
Michael Rose Attorney at Law | Michael Rose
Custody and visitation during the divorce can be changed. She can ask the court for more visitation. Even after the divorce she still has the right to go back and ask the court to change the order.
Answer Applies to: California
Replied: 12/9/2011
Odin, Feldman & Pittleman, P.C. | Richard A. Gray
It depends. When you say current findings, I assume you are referring to a decision made in the Juvenile and Domestic Relations District Court. The Juvenile Court order will continue in full force and effect unless replaced or amended by a new order in that Court or dismissed by the Court or the Circuit Court, which has concurrent jurisdiction, issues a new order that incorporates, changes amends or repeals the Juvenile court order.
Answer Applies to: Virginia
Replied: 12/9/2011
Dunnings Law Firm | Steven Dunnings
It depends. Why was the neglect case dismissed? In the divorce, you can certainly point out to the court, in your pleadings, that a neglect case against your spouse was filed which warranted supervised parenting time and request of the court to enter a similar order. This case sounds as if you would benefit from legal representation.
Answer Applies to: Michigan
Replied: 12/9/2011
Beaulier Law Office | Maury Beaulier
Not necessarily. The standard for determining custody in a family law case is vastly different from the standards in a child protection case. Courts make custody determinations in family law cases based on fact that relate to a "best interests of the child" standard. As a result, you must consult with an attorney regarding the particulars of your case.
Answer Applies to: Minnesota
Replied: 12/9/2011
Glenn E. Tanner | Glenn E. Tanner
Everything can change at trial, but you have the upper hand.
Answer Applies to: Washington
Replied: 12/9/2011
David A. Browde, P.C. | David Browde
That depends - if you reach a settlement on the divorce you can seek to incorporate the existing parenting plan. If you go to trial on the issue the judge will be free to make a new ruling based on the facts as he or she sees them.
Answer Applies to: New York
Replied: 12/9/2011
The Law Office of Erin Farley | Erin Farley
Custody and visitation can be modified until the children are 18. Your job is to continue to act, continue to document, and get those children into counseling. The children's counselor can work with them and help assure they are safe.
Answer Applies to: California
Replied: 12/9/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
You should contact a family law attorney to assist you in the filing of your divorce matter. The Dependency Court orders will trump any findings of a family law court. However an attorney would be able to look at the final disposition of the dependency court and present that information to the family law court so that the orders remain in effect during the dissolution matter.
Answer Applies to: California
Replied: 12/9/2011
Anthony Saunders Esq., PLLC | Anthony M. Saunders
The quick answer is that it may not necessarily stay the same throughout the divorce proceeding. There are several factors that involve child custody and the most important is what is in the child(s) best interest. In determining custody through any action; divorce, parentage, paternity, etc.; it is important to consider what your options are and how to protect what is in your child's best interests. You can do this in several ways and some of them can be daunting. It is best to speak to an attorney about your case specifics in determining which route to take in your divorce action.
Answer Applies to: Utah
Replied: 12/9/2011
Law Office Of Jody A. Miller | Jody A. Miller
This is a situation in which you should consult with an attorney and retain one to represent you. You should take a copy of the order to an attorney and discuss your case.
Answer Applies to: Georgia
Replied: 12/9/2011
