Child Custody Questions & Answers by State

Child Custody Questions & Answers

Q: I live in Maryland. For two years my daughters father hasn't been in her life. He smokes weed and has domestic charges.

1 Answer | Asked in Child Custody for Maryland on Sep 25, 2014

Answered on Sep 30, 2014

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Evan M. Koslow's answer
If you have lived in Maryland with your daughter for more than 6 months, you can file a Complaint for Custody (and child support) in the Circuit Court in the county you reside in. Once you file the Complaint, the Clerks office will forward you a summons, which you will have to have someone personally serve the Summons, along with the Complaint on to the father. Once the father is served he has 30 days to file an answer (unless he lives out of state then he has 60 days). Once he files an...

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Q: I applied for full sole and physical custody. My ex did not contest my wishes is been 2 months. What will happen now?

1 Answer | Asked in Child Custody for Maryland on Sep 25, 2014

Answered on Sep 30, 2014

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Evan M. Koslow's answer
If he has not filed an Answer, you need to file a Request for Default. If a Request for Default is granted a hearing will be held where you would have to present evidence as to why the Court should grant the relief requested. Note however, that if the father were to file an Answer on or before the default hearing, the Court would likely allow him to participate.

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Q: my mom has my kids im trying to get back if I leave my boy friend will I still be able to get my kids back

1 Answer | Asked in Child Custody for Georgia on Sep 16, 2014

Answered on Sep 21, 2014

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Paula J. Mcgill's answer
It all depends on why your children were taken away from you and given to your mother. If your boyfriend played a big role in the judge's decision, the first step in getting your children back will be to leave your boyfriend.

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Q: i need to leave the country is thats ok?

1 Answer | Asked in Child Custody for Florida on Sep 20, 2014

Answered on Sep 21, 2014

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Julie A. Rice's answer
Do you have full custody and is there any restriction in the order for you not to leave the country (I assume you want to take the children?). After reading your further statement, then, yes, you could be in contempt of court if you are not available on the 2 days that you watch your kids. You should talk to your husband and see if you can work out a temporary arrangement and then have a judge sign off on the agreement so you don't risk being in contempt of court.

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Q: What happens to the defendant who goes into default twice by the plaintiff in custody battle for child?

1 Answer | Asked in Child Custody for Maryland on Aug 27, 2014

Answered on Sep 2, 2014

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Evan M. Koslow's answer
Not sure what the exact question is here. If a parent does not show up for a hearing, the other parent can ask the court to grant certain relief regarding the custody of the child, but will still need to show why said request is in the best interest of the child. If it is the moving party that is not showing up to the hearings, then the non-moving party can ask for the court to dismiss the case if that is what they want. More information is really needed in order to provide an appropriate...

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Q: My ex husband was just given full physical custody per the judges final order. Can I appeal this and how do I do it?

1 Answer | Asked in Child Custody for Alabama on Aug 22, 2014

Answered on Aug 25, 2014

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William E. Scully Jr.'s answer
We aren't going to be able to coach you through an appeal from this web site. An appeal from this kind of a decision is fairly difficult and technical. You will need to order a transcript of the proceedings ($$). You will need to have an appellate brief prepared setting out the errors you believe the trial judge made. The appeal is not a new trial, so you won't be able to present new evidence. There are some circumstances where you can bring new evidence to the attention of the trial court...

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Q: The mother of my children refuses to pick kids up in the am when I work thus me almost loosing my job. What can I do

1 Answer | Asked in Child Custody for Michigan on Aug 5, 2014

Answered on Aug 8, 2014

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Robert Champion's answer
First, do you have a Court order stating what time the child must be picked up? If not - you need one. You need a specific time. Then, you need to log the days she is supposed to pick up the child and what time she actually arrives. Once you can document a pattern of her failing to comply with the Order, you need to file a Motion with the court. Depending on the details of the case - you might be able to request that she be found in contempt of court for disobeying the order. You might be...

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Q: My son lives with his dad nowbut does not won't to go back to his dads. Will i get in trouble if i don't let him go back

1 Answer | Asked in Child Custody for Alabama on Aug 4, 2014

Answered on Aug 6, 2014

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William E. Scully Jr.'s answer
You can't get in trouble for violating a court order if there is no court order. So, no you won't get in trouble with the law if there is no order that has placed the child in the father's custody. There are, however, a number of practical problems with your plan of action. First of all, you're going to enrage the father. That's not always a bad thing, but it will certainly make future interactions with him difficult. Second, if you show up at the local school to enroll your 12 year old...

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Q: What can I do if my wife is threatening to take my daughter to Mexico

1 Answer | Asked in Child Custody for Texas on Jan 2, 2013

Answered on Aug 2, 2014

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Spencer Richard McMullen's answer
Is your wife Mexican? Are you divorcing? Are there any existing custody orders? It would be best if you spoke to a local lawyer to have a custody order made ASAP with restrictions on taking the child out of the state / country (if none exists) to aid in getting the child back if your wife makes good on her threats.

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Q: My bf has a video recording of his son saying what goes on at home with his mother. Can we use a vid recording at court?

1 Answer | Asked in Child Custody for Rhode Island on Jul 22, 2014

Answered on Jul 31, 2014

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Neville Bedford's answer
This sounds like "hearsay within hearsay" evidence. He's is saying that his son said that his mother said... He is best advised to consult with a practicing family court attorney to explore ways that the evidence may be best introduced. Unless you are a practicing attorney, the very best advice you can give him is to hire a professional to help him navigate the procedures and ways of the court and law.

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Q: Does a father have a good chance at full custody in RI if all is well on his side?

1 Answer | Asked in Child Custody for Rhode Island on Jul 22, 2014

Answered on Jul 31, 2014

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Neville Bedford's answer
If mother has been just a "little irresponsible", the court may consider joint custody. Many factors must be considered. The first I would suggest is that you retain the best legal advocate/attorney you can to assist you.

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Q: WHERES MY RIGHTS?

1 Answer | Asked in Child Custody for Rhode Island on Jul 23, 2014

Answered on Jul 31, 2014

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Neville Bedford's answer
Retain an attorney to assist you as these are very important issues. Comply with DCYF directives prohibiting use of drugs, cooperation with counseling, and visitation. The law is crafted to facilitate reunification if a parent complies and can be rehabilitated in the process. They probably set a one year closure date from the time your court involvement began.

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Q: I have two children in Mexico. They're currently with their father, he doesn't want to send them back to the U.S.

1 Answer | Asked in Child Custody for Texas on May 28, 2014

Answered on Jul 30, 2014

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Spencer Richard McMullen's answer
You may be able to have them sent back but depends on many circumstances such as where they were born, are they dual nationals, were you married, why did they go to Mexico, how long have they been there, etc.

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Q: I have a 14 year old son can I give up right with out supporting him I dont have money for support help

1 Answer | Asked in Child Custody for Pennsylvania on Jul 16, 2014

Answered on Jul 24, 2014

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Roy L. Galloway III's answer
Your obligation to pay child support won't cease until the child becomes an adult or your parental rights are terminated by a court. Of course, you won't have to pay support unless the other parent seeks a support order from domestic relations.

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Q: My daugher her 2 kids are living with me. I want to have someone move in. Can I do that without jeopardizing custody?

1 Answer | Asked in Child Custody for Michigan on Jul 12, 2014

Answered on Jul 18, 2014

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Kelly Lambert's answer
Unless that person has a background where they could be determined dangerous to children (drugs, criminal, CPS, etc) or this person moving in would make it so the children did not have adequate sleeping arrangements, this should not jeopardize custody.

Kelly G Lambert III

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Q: back in 2009 in California i filled for divorce and sole custody of my then 9 month old daughter. judge gave the father

1 Answer | Asked in Child Custody for California on Jul 2, 2014

Answered on Jul 2, 2014

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Thomas Davis' answer
You could file a motion to have the court's earlier order modified due the father's criminal record and limited visitation with your daughter. Most lawyers listed on Justia should be able to assist you with this. Good luck!

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Q: I want my dad to have custody over me but still be able to see my mom I am 14 what do I do?

1 Answer | Asked in Child Custody for Michigan on Jun 29, 2014

Answered on Jun 30, 2014

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Kelly Lambert's answer
This is something that your parents need to discuss, not you. Should your father want to pursuit custody of you, he would need to file a motion. Through that process, the judge or the Friend of the Court may interview you about how you feel about things. It is possible for him to have custody of you and not your siblings.

Kelly G Lambert III

www.kellylambertlaw.com

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Q: If I share joint physical custody with my parents and I have sole custody, can I move out of state with my child?

1 Answer | Asked in Child Custody for Alabama on Jun 25, 2014

Answered on Jun 26, 2014

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William E. Scully Jr.'s answer
I hate it when lawyers answer questions by saying, "This is a very complicated matter, and you need to hire a good attorney." But, This is a very complicated matter and you need to hire a good attorney. First of all, you are unclear about who has what kind of custody of this child. Do you have joint custody with them? Do they have principal physical custody? Do YOU have principal physical custody? Gotta nail this one down, sport. Generally, in Alabama it is very difficult for grandparents...

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Q: me and my girl frind was served with a sloe emergency temp custody order is there any way I can get her back

1 Answer | Asked in Child Custody for Alabama on Jun 19, 2014

Answered on Jun 23, 2014

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William E. Scully Jr.'s answer
Son, maybe it's me, but I can't make heads or tails out of this question. What is a 'sloe emergency temp custody order?' Is that sort of like a 'sloe gin fizz?' Or is it more like a 'slow boat to China?' Whom do you want to 'get back?' Your girlfriend? Your child? If I were a betting man, and I'm not, I'd bet that you and your girlfriend were living together. I'd bet that she is under 19. And I'd bet that her parents got a court order requiring her to return home. How am I doing? If...

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Q: I am letting a woman have my unborn child but she is not adopting it we just want an agreement that me her and her

2 Answers | Asked in Child Custody for Alabama on Jun 10, 2014

Answered on Jun 14, 2014

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William E. Scully Jr.'s answer
Let me say first of all that I think this is crazy talk. It would be much better for your child if you were to simply step back and let the other couple adopt her. If you keep poking your nose into this kids life, you're going to get her confused about who mom and dad are. If you are getting along well with the adoptive parents, trust them to let you in when it's appropriate. OK, now off my soapbox, here's what you need to do to accomplish the foolhardy scheme that you propose: When the...

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