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Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Corporal punishment

I read that ky is one a few states that allowed corporal punishment in the home. So my question is if that is true than why does CPS make is seem like it's an issue for a parent to reasonably discipline their child

Timothy Denison
Timothy Denison answered on Jun 21, 2021

Despite the law, the courts snd CPS do not sanction corporal punishment for any reason.

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: The father of my child doesn't pay child support and he is also not on the birth certificate.

He has never met his child and we have had zero contact. I am just curious as to what some of my options might be going forward.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 21, 2021

You can commence a Paternity action and seek support orders; both parties have the duty to support their child and if there are public benefits involved, the government has the ability to go forward to seek paternity adjudication regardless of whether you are interested in pursuing the matter.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can two first cousins marry in Michigan?

I have a case where 2 first cousins faked a wedding, represented themselves as husband and wife, this also included to CPS and the family court in Michigan. Years later they obtained a marriage license from Virginia and now are promoting that no laws were violated since they did not legally marry... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 21, 2021

Not sure what you're looking for. Marriage is a civil matter; if the marriage is invalid under Michigan law - which you are right, marriage between first cousins would be - then it would be voidable, not illegal in the criminal sense. And generally, Michigan will recognize a marriage made in... Read more »

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: I have a daughter who just turned 3 months old, I’m saving to get full custody, what do it need to help with the case
Timothy Denison
Timothy Denison answered on Jun 21, 2021

Keep a journal of when you have her and when the father has or sees her. Note any snd all occurrences in the journal as they happen so you’ll have an accurate record for the court.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: In Michigan I’m delinquent on my child support payments does that affect the court ordered visitation agreement?
Brent T. Geers
Brent T. Geers answered on Jun 21, 2021

No; child support and parenting time are different. You don't get or be denied parenting time due to child support obligations.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My daughter dropped her two kids off said she can't take care of them what are my options?

One is 3 one will be a year in two days and has down syndrome

Troy Tyson
Troy Tyson answered on Jun 21, 2021

If you are willing and able to take care of the children, then a guardianship may be a good option for you. You should speak with an experienced attorney to discuss details about how to undertake that.

1 Answer | Asked in Child Custody, Child Support and Civil Rights for California on
Q: My 6year old child's father has had no contact entire life + no custody order exists. Never married wont give him back

Recently my sons father contacted me for the first time after not having heard a word from him three years and wanted to see my son. Prior to this he had only seen him twice when my son was three and then went to prison for two years. Legal paternity has not been established nor is his name on my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 20, 2021

You open with saying that no custody orders exist. If no custody orders exist then what the father is doing is not in violation of any court orders. That's why the police can't help you. File a parentage action and ask for sole legal and physical custody. Concurrently with your... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Military Law for North Carolina on
Q: Can I? And how fast can I adopt my younger brother?

I am in the military, and I want to adop my 15 year old brother. He lives with my stepfather and my mother lives in mexIco. I’m stationed in NC and my brother lives in California. How can I adopt him so I could bring him to live with me.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 19, 2021

The adoption process is a state law issue and if he currently lives in California then you will need to speak with a family law attorney there. Adoption may not even be necessary, depending on the purpose of the adoption. You may able to just have a custody order. You should also research what... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: wife left about two and a half years ago and absent, has a closed child abuse case, confirmed by hospital, wants custody

My wife left about two and a half years ago. We believe mental illness to be involved. She hasn’t sought help and has been almost completely absent in that time. She, in august 2019, came home briefly and beat my daughter and left about 15 welts on her legs. She was terrified of spoons for about... Read more »

Timothy E. Howie
Timothy E. Howie answered on Jun 19, 2021

Unlikely. But the situation is apparently very complicated, and one can never be certain what one judge will do. You need to retain a lawyer.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Nebraska on
Q: hi I was looking for advice on how to handle court and getting custody of 4 minor children back into my custody

they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?

Julie Fowler
Julie Fowler answered on Jun 18, 2021

When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Nebraska on
Q: Please help the state has temp custody of my 4 kids all based off of lies how do I prove myself immediately

the state dept of cps in Nebraska is wrong for removing my children based off of a lie which I can prove it to be such with many forms of proof. Please help im helpless my kids are suffering if facts were revealed they had no reason for removal upon several.otjer issues at hand

Julie Fowler
Julie Fowler answered on Jun 18, 2021

When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: My boyfriend is trying to kick me out of his apartment and telling me that I can't take our daughter with me
Tami Lane Augen
Tami Lane Augen answered on Jun 17, 2021

It is not entirely clear what your question is. There are certain laws in Florida that govern the parent child relationship when a child is born out of wedlock. You may want to schedule a time to speak with a qualified family law attorney to discuss what your options are under these particular... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Louisiana on
Q: is it illegal to audio record someone taking care of your child without their consent if you suspect child abuse?

I suspected that my ex-wife was abusing my children. So, I placed an audio recording device in a car that I own but she uses often. Sure enough, after I came back from work and listened to the recording, I found out that she was abusing my son to an extreme psychological level. What should I do? is... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 17, 2021

No exception. It's still illegal

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: how can i find a low cost lawyer,

my sons father has custody, he has been living with his grandmother and i just found out that his dad has moved back in his grandmas and he and his wife are on meth and i have messages from his wife stating the drug use, the fact they do not have jobs and that they had to move back into the... Read more »

Troy Tyson
Troy Tyson answered on Jun 17, 2021

You'll want to look into legal aid or pro bono organizations in your area. Most cities/counties have at least one such organization, and if you qualify, you should be able to find competent attorneys willing to help you with your case. Hope that helps.

1 Answer | Asked in Child Custody for California on
Q: My 12 yr old and I live in CA. Her father in AZ. There is a custody agreement from 5 yrs ago.

He can come here every other weekend to see her. He has only done that twice. She is supposed to go to AZ for vacations throughout the year. She doesn't want to go. Her father tells her she doesn't have to visit him if she doesn't want to. Should I be making her visit him due to custody agreement?

Ms. Renee Marcelle
Ms. Renee Marcelle answered on Jun 16, 2021

It is not the first time that you will hear that move-away cases are extremely difficult. Based upon the studies in child-parent separation cases, the prevailing view in California is to ensure continuous and frequent contact between the parents and their children. A girl's good relationship... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I terminate my child’s father’s parental rights without having someone to adopt her (stepfather adoption)?

The biological father has been out of the picture since 2018 because he has been in and out of jail. He keeps getting deported and comes right back breaks the law gets convicted, serves his time and gets deported again. This has been his pattern since 2017 but he has been completely out of her life... Read more »

Ms. Renee Marcelle
Ms. Renee Marcelle answered on Jun 16, 2021

Mom, on the facts stated you have mentioned the 2 criteria for the termination of Parental rights. Lack of contact with the child and lack of any support.

A person willing to step into the shoes of bio dad is totally unnecessary.

The in and out of jail fact may mitigate against a...
Read more »

1 Answer | Asked in Child Custody for Texas on
Q: Can I file for custody if I live in a diffent state?
Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

Yes, make sure you contact an attorney before you do anything. There are laws that prohibit the moving of minors across state lines.

Be careful as not to violate Interstate The Uniform Child Custody Jurisdiction and Enforcement Act.

I strongly encourage you to consult with an...
Read more »

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I'm an unmarried father of an 18 month old mother gave consent for her mother to have custody

they served me with an rule nisi/ex parte/ restraining order what can I do do I get legitimized then go for custody of just answer them and file a counterclaim

Michael D. Birchmore
Michael D. Birchmore answered on Jun 16, 2021

You need to file a Petition to Legitimate the child in the Superior Court of the county of residence of the child or yours. If you do not know how to do this, you will need to retain legal counsel to it. This would be best given you are now under a TPO. Truth be told, it can be tricky to do... Read more »

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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: What to do if venue is not properly transfered

The court where venue is proper did not properly transfer venue according to the the statue and civil rule. Civil rules and Statue require a motion to change/transfer venue to be timely filed. The adverse county is attempting to proceed with the case before it. What step should I take to halt or... Read more »

Timothy Denison
Timothy Denison answered on Jun 16, 2021

File a motion for Prohibition (of Transfer of Venue) with the Court of Appeals.

1 Answer | Asked in Child Custody for Louisiana on
Q: Can I request an ex parte temporary custody order if the child hasn’t been physically hurt yet ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 16, 2021

If the child is in danger, yes you can file for ex parte custody.

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