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Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: What is the process of making a binding contract for visitation that can be held up in court if need be

The mother of my child and I are separated and together we raise a one year old daughter in California. We have visitation plans scheduled but not in writing. We thought it would be a good idea to have it in writing but want to make sure that the document holds up in court. What is the process of... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Feb 7, 2023

Only court orders or judgments are enforceable by a court of law. Your written agreement regarding custody is not legally enforceable unless it is a court order. aka "Stipulation and Order" This can be filed using your current case number. Whatever hearing you have pending can then be... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If my children have direct covid exposure and dr advised quarantine am I wrong to keep our kids during dads week of vist

I am mom and kids got covid exposure from step dad. kids are negative covid with heavy symptoms, and taking medicine.

Janice Jacovino
Janice Jacovino
answered on Feb 7, 2023

Your should discuss the information with dad and see if you can reach an agreement and give him the information on the children's health. As long as the travel time or being with dad does not harm the children, Dad can decide if he should to have his visitation time when the children are ill.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Is it a violation if I can't meet my child's father for his visitation, if I no longer have transportation to meet him?

My car was totaled a couple months ago. so I've been renting cars to meet him (he lives 2hrs away), but I can't afford to keep renting and pay for gas. So I'm saving to get another vehicle. He's now threatening to take me back to court although he knows my situation, what should I do?

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Feb 7, 2023

Get a consultation with a lawyer to review your court order and advise you on how to proceed. The lawyer may be able to help you work out an agreement or modification of your court order.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: I came from out of state where I have full custody of my son. Can I leave and go home with him if I've been here for 6mo

I have full custody of my son in Washington, his dad filed to petition for a parenting plan in Nevada since we've been here for 6 months, i don't want to stay, can I leave?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Feb 6, 2023

It appears that the child might have changed residency after being in Nevada for 6 months or more. You might now need to get Dad's permission to relocate or file a motion with the Court.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: How do I get full custody of my son and child support from my ex-boyfriend?

My ex-boyfriend has an alcohol issue. He also is living in a hotel where he is surrounded by drugs and alcohol. The last time I talked to him he did not have a job. I am concerned that he will want to take our son to this unsafe environment.

Howard E. Knispel
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Howard E. Knispel
answered on Feb 6, 2023

You need to file petitions in the Family Court. Child Support and Custody are two different matters and, even though they are in the same courthouse they are handled separetly. You need to file a separate petition for each.

1 Answer | Asked in Child Custody for Nevada on
Q: Do I need to tell my ex who I share 50/50 custody with where we are staying?

Our apartment needs repairs and my insurance is putting us up in a hotel suite with two bedrooms and a full kitchen until the repairs are done. The exchange is today and I will be getting the kids. I am wondering if I should be forthright about what is going on and tell them where we are staying or... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Feb 6, 2023

Yes, parties sharing joint physical custody should share their addresses between them and update their address with the court.

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I already filed for divorce with children with a lawyer at the time. Why is judge taking time to finalize divorce

I can't afford lawyer now but everything was already agreed by both parties just waiting on judge to sign. Do I need to hire lawyer again to get a judge to sign??

John Michael Frick
John Michael Frick
answered on Feb 6, 2023

You may need to schedule a prove up hearing to present the necessary evidence for the judge to sign your proposed final decree of divorce.

You should contact court staff to see when your judge holds her prove ups and whether you need an appointment or can just appear with your necessary paperwork

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: We share joint legal and physical custody and have “visitation as agreed upon by both parties”, how is that enforced?

My 15 year old no longer wants to visit every other week related to various changes at the home and her feeling like she’s never heard. What’s my best next move?

Can a show cause be enforced against me since there is no concrete schedule in place?

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Feb 6, 2023

That reads just like the kind of agreement reached in mediation - it is vague enough that both parties can interpret it to their own satisfaction. Unfortunately, there is not much that can be done to enforce it. Far better is to have a fixed schedule from which the parties can deviate if they so... Read more »

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: What can I do if my Ex girlfriend made false allegations of domestic violence against me?

my ex girlfriend made false allegations of domestic violence so she can try to make me loose my rights for my daughter I was arrested and spent 6 days on county jail. I posted bail and fought my case taking it to trial and was found not guilty she even admitted during the trial it was all a lie... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Feb 6, 2023

You could sue her for malicious prosecution, however, any attorney before taking such a case will want to know whether she has any assets or ability to pay damages if the case is successful. However, you could also sue the agency which filed the case and took it to trial, unless she did it herself.... Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: After a Temporary Orders hearing, how long does opposing councel have to file and serve it? Late filing consequences?

Opposing councel has efiled the written temporary orders a month before the final hearing and 4 months AFTER the TO hearing. How do I bring this up to the judge? The order is nearly over and I don't understand how a late service is acceptable.

John Michael Frick
John Michael Frick
answered on Feb 5, 2023

Typically, if one attorney does not draft and circulate the temporary order within a reasonable time, the other party’s attorney will draft and circulate their own version.

If the parties have unresolved disputes as to the form of the order, either party can file a motion for entry of...
Read more »

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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: How do I get my kids back after I went to jail an lost them
Brent T. Geers
Brent T. Geers
answered on Feb 5, 2023

Too broad of question to answer effectively. Did you go to jail, prison, or both? How long? Were your parental rights terminated, or was custody just changed to the other parent?

If your parental rights were not terminated, you have an uphill climb, but you'll want to work with an...
Read more »

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Education Law for Georgia on
Q: Can a CASA become a career GAL? (Be a paid GAL instead of volunteer)

Research seems to show volunteers can be GALS as a CASA but to be paid you must be a licensed mental health professional or lawyer. Are there other pathways to being a GAL?

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

From a webpage I often rely on:

Only those individuals who have received training administered or approved by the Office of the Child Advocate may serve as a GAL in a proceeding concerning the custody or welfare of a child. O.C.G.A. 15-11-9(b). A GAL shall receive such training as provided...
Read more »

1 Answer | Asked in Family Law and Child Custody on
Q: At what age can the kids decide if they want to stay at one parent house and refuse to go to the other parent house.

My 10 year old daughter is asking this question cause she and her siblings want to spend more time at my house. I am her father and the other kids are 8,7 and 2.

John Michael Frick
John Michael Frick
answered on Feb 5, 2023

In most US states, the age of majority is 18. At that age, a child can decide where they want to live.

In many US states, a child at a younger age (often 14 or 16) can express a preference as to where they want to live, but the court is not required to honor that preference.

1 Answer | Asked in Child Custody for Colorado on
Q: Working for a bank do you automatically get help for legal services?

I filed custody for my kids, and their absent dad said he works for a bank so he has more than enough legal help to fight and gets what he wants out of this custody case. Should I believe him? Do I need to get a lawyer as well?

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Feb 4, 2023

Some employers offer prepaid legal services as an employee benefit, however it is not likely that all banks offer this option.

1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What steps should I take to file for divorce and custody in Ford City Pennsylvania.

I've been the only income for pretty much the whole 6 yr relationship. We have a 4yr old daughter. He's stayed home with her. And still refuses to get a job now that she's in headstart. And it's been nothing but emotional abuse and gaslighting. I have 3 son's from a... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 4, 2023

I suggest that your first action should be to schedule a private consultation with a local attorney experienced in family to learn about your options and the divorce and custody processes. Even if you then decide to try to go it in your own without an attorney, which is generally not recommended,... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My son and his ex are having issues about their daughters Dr. The mother agreed to a pediatrician and 4 months later cal

Called the Dr and cancelled her appointments already scheduled and said she wanted everything transferred to the mother's family Dr. He obviously says no but she is doing it anyway. They have joint legal custody. Can she be seen by both of the Drs since this will never get resolved unless he... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 4, 2023

Your son has the same rights as the mother. Both parents should be informed of all doctors appointments. When it comes to contrary forms of treatment, that's when things get hairy. Ultimately, a motion may need to be filed so the court can order a particular doctor, or in extreme cases, one... Read more »

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: If my kids live with their mother and I give them a phone can she take it from them
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Feb 3, 2023

Yes, she can take the phone but the kids should be allowed to talk to you ,

1 Answer | Asked in Child Custody, Divorce, Family Law and Juvenile Law for Ohio on
Q: If I need to get emergency full custody of my daughter to get her out of an abusive situation, how do I go about it?

I was divorced in one county in Ohio, I live in another county in Ohio and my daughter lives in another county in Ohio different than the divorce and myself. She is in an abusive situation with her mom and her mom's family, including sexual abuse by her stepdad. I really need help and... Read more »

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Feb 3, 2023

You can file for an emergency custody order. Generally, your motion has to state the child is in imminent danger.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: I need to know about how to help a minor get emancipated

The minor has a job and intends to move in with 2 other people over 18 in a few months

Rebecca Pescador
Rebecca Pescador
answered on Feb 3, 2023

Emancipation in Colorado is not something that easily fits in a checklist. It is based on several factors and ultimately the judge uses discretion to weigh all of those factors and make a decision. The bottom line is whether the child can demonstrate a full ability and active effort to currently... Read more »

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