Child Custody Questions & Answers by State

Child Custody Questions & Answers

Q: if a mother gave me temporary custody of her children before dcf got involed can they still come and remove the kids

1 Answer | Asked in Child Custody for Florida on Jan 29, 2015

Answered on Jan 31, 2015

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Robert Jason De Groot's answer
Yes, they can do that, but it depends upon the facts, and you did not give enough facts.

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Q: If non custodial parent owes me $20,000 in past due and he wants to file my kids to offset his child support balance.

2 Answers | Asked in Child Custody for Florida on Jan 29, 2015

Answered on Jan 30, 2015

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Robert Jason De Groot's answer
Probably not. Usually, he would have to be current on child support in order to claim the children as dependents on his income taxes.

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Q: My Mom is trying to file a child modification to send me to live with my dad who has a history of violence is there

1 Answer | Asked in Child Custody for Alabama on Jan 28, 2015

Answered on Jan 29, 2015

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Mr. James Parrish Coleman's answer
I assume you are a minor, so you can't do much. If the Court is presented evidence that your father is violent and not fit to have custody, they might not change it. Why does your mom want to move you to your father? Are you causing a lot of trouble? Some facts here would help.

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Q: If my ex. Who doesn't work and is getting public assistance, allows me to claim answer children, will that affect him

1 Answer | Asked in Child Custody for Florida on Jan 24, 2015

Answered on Jan 25, 2015

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Robert Jason De Groot's answer
This does not make any sense to me. Basically, you would claim the dependency exemption, and he could not.

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Q: What can I do if the custodial parent only gives me a week notice before moving out of state?

1 Answer | Asked in Child Custody for Georgia on Jan 23, 2015

Answered on Jan 23, 2015

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Julie A. Rice's answer
If there is court order in place that sets forth custody, then you need to read that court order very carefully to see if there is any provision for moving and whether or not the move out of state violates the court order. If there is no court order that states to the contrary, then the custodial parent can move out of state. If the move hinders your ability to exercise visitation under a court order in GA, then you can seek assistance from a GA court in a private legal action (vs. contacting...

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Q: My brother has been living with me for 2 years but i don't have legal custody. How can i start to get legal custody?

1 Answer | Asked in Child Custody for Florida on Jan 21, 2015

Answered on Jan 22, 2015

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Robert Jason De Groot's answer
With your parents' consent you could file a petition for temporary custody of minor by extended family. Without their consent you have to prove that each is unfit by clear and convincing evidence.

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Q: when filing for a modification, does it open the whole case up again? Can it hurt my time sharing or be negative to me?

1 Answer | Asked in Child Custody for Florida on Jan 21, 2015

Answered on Jan 22, 2015

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Robert Jason De Groot's answer
Attorneys deal in facts and the law, and without the facts we cannot apply the law. Basically, it depends upon what is sought in the modification action. In order just to file a modification, there has to have been a substantial change in circumstances since the entrance of the final judgment.

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Q: I have no legal court order of custody how do i get my kids back

2 Answers | Asked in Child Custody for Maryland on Jan 19, 2015

Answered on Jan 20, 2015

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Evan M. Koslow's answer
The police will only do a welfare check with the facts that you presented. If the children are fine, they will not remove them from the father. You would do well to schedule a consultation with an attorney ASAP and file for custody ASAP

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Q: Where to start to reach the custody of my daughter? what should i do?

1 Answer | Asked in Child Custody for Georgia on Jan 17, 2015

Answered on Jan 19, 2015

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Julie A. Rice's answer
There are several avenues that can be pursued and it depends upon the situation. For example, if you are married to the child's mother, then custody will be resolved in a divorce proceeding. If you are not married and were never married, then the first order of business is to file to legitimate this child. Since you posted this in the Georgia forum, in order to be subject to Georgia law, then the Georgia court would have to have jurisdiction over this issue and the people involved and in...

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Q: My ex is using drugs again. How do I get sole custody and/or modify time sharing. Can court order drug testing

2 Answers | Asked in Child Custody for Florida on Jan 14, 2015

Answered on Jan 15, 2015

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Robert Jason De Groot's answer
How are you going to prove that the ex is using drugs? You know you have to have solid proof of that, it cannot be just your word. You have a history of drug use too and so do I, but what do you mean by saying that he has a history of drug use? Everyone does. I think what you must mean is that he uses drugs illegally. There is no sole custody in Florida, it is called sole parental responsibility, and you have not stated anything close to be able to even go after that. Get counsel.

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Q: My daughter's mother died and I was incarcerated at the time. I am stable now. Can uncle take custody from me?

1 Answer | Asked in Child Custody for Georgia on Jan 15, 2015

Answered on Jan 15, 2015

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Julie A. Rice's answer
If you have full legal and physical custody and there is a court order, then any party who wants to challenge that would either have to go to DFACs and/or file and action with the court. It is unclear from what you are saying whether you have legitimated this child and whether or not there has been any formal action to determine that you have custody of this child. If you have not legitimated this child, then that is the first order of business.

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Q: Can I go to court to petition for my aunt to get custody of me?

1 Answer | Asked in Child Custody for Florida on Jan 12, 2015

Answered on Jan 14, 2015

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Robert Jason De Groot's answer
No but you aunt can petition for temporary custody of you, and if the parents do not both consent she will have to prove that they are unfit by clear and convincing evidence. Will they consent? That makes it so much easier.

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Q: the mother of my child put me on child support I'm not behind and she move out of the state how do I get joint custody

2 Answers | Asked in Child Custody for Florida on Jan 11, 2015

Answered on Jan 12, 2015

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Robert Jason De Groot's answer
Any attorney would have to read all relevant documents prior to making any conclusions about what you can do and what you should do. Get an attorney on your side.

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Q: Do you think I can get full rights of my daughter back?

1 Answer | Asked in Child Custody for Virginia on Jan 7, 2015

Answered on Jan 11, 2015

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Tara Candela R.N., Esq.'s answer
You will have to show that there has been a substantial change in circumstances since the custody order was entered, and you will have to show that living with you is in your daughter's best interest. If you truly believe it's in your daughter's best interest to live with you now, I encourage you to find an attorney to help you. While planning for this change, do everything in your power to remain rational and do not let the poor conduct of others influence your reactions.

Best wishes,...

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Q: How can i modify a temporary custody agreement?

1 Answer | Asked in Child Custody for Florida on Jan 8, 2015

Answered on Jan 8, 2015

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Robert Jason De Groot's answer
In order to advise you, any attorney will have to read all relevant documents and know all of the facts.

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Q: WHAT IS IT EXACTLY YOU HAVE TO DO WHEN SOMEONE HAS A CHILD WITH A PREVIOUS MARRIAGE&IS GETTING REMARRIED WITH A SOLDIER?

1 Answer | Asked in Child Custody for Florida on Jan 7, 2015

Answered on Jan 8, 2015

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Robert Jason De Groot's answer
I am not sure what you are asking. You probably have to file a motion for contempt to get him to pay, and have a hearing.

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Q: Hi, I'm going through a divorce but I have a 3 year old son, and i want full custody of my son. We never been apart.

1 Answer | Asked in Child Custody for Florida on Jan 5, 2015

Answered on Jan 7, 2015

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Robert Jason De Groot's answer
You need to actually go see a local family attorney about these issues. It appears that you might need to file a paternity action against the father to get child support.

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Q: My ex wife sends me messages that she want no part of my son's life dozens of times but just filed child support .

1 Answer | Asked in Child Custody for Florida on Jan 5, 2015

Answered on Jan 5, 2015

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Robert Jason De Groot's answer
You need to get a family attorney on your side. The attorney will sort out the mess and tell you what your options are.

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Q: I am a drug addict seeking help through an outpatient facility.Father is filing for full custody in ohio. Will I lose?

1 Answer | Asked in Child Custody for Ohio on Jan 2, 2015

Answered on Jan 5, 2015

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Matthew Williams' answer
You should discuss this with your lawyer. It's inappropriate for us to give advice to folks who are represented. There is certainly a risk you would lose custody due to your struggles with addiction, but it is not a certainty and courts are hesitant to terminate a parent's rights altogether.

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