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Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: If I give up custody does that mean we're divorced?

Got married in California moved to Pennsylvania, decide to part ways, gave up custody, I move back to California. Trying to remarry right now. I have the original marriage certificate.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 5, 2022

Divorce occurs after a petition for dissolution is filed and entry of judgment of dissolution. Giving up custody does not automatically result in divorce. It doesn’t work like that.

1 Answer | Asked in Child Custody for Kentucky on
Q: How does CPS have the right to remove a child based only on complaint by someone

The mother was not given a drug test and no evidence of drug use was found. The child was taken solely on complaint

Timothy Denison
Timothy Denison
answered on Oct 5, 2022

As long as the complaint is sworn under oath, Kentucky law permits the temporary removal during the investigation of the complaint.

1 Answer | Asked in Child Custody and Family Law for California on
Q: Is it possible for me to get emergency custody of my girlfriends daughter from the father and my girlfriend is in jail.

The father has never been in his daughter's life the 10 years she has been alive.She has been living with me for the last 3½ years with her mother and brother. Her mom recently went to jail that's when her father came and took her after filing an exparte for emergency custody by a... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

It would depend, more information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for California on
Q: Can you keep calling in “sick” to be excused from restraining order hearing?

The guy I’m trying to get a permanent restraining order against called in today and was excused because he was “sick”. They rescheduled it. I’m just worried he’s going to keep calling in to avoid the hearing

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

It would likely depend on whether he's actually sick [or has tested positive for, e.g., covid]. As you're aware, the courts are rightfully cautious during these times. Your temporary orders, if granted, should remain in place, provided you're requesting they be extended. Speak with a... Read more »

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2 Answers | Asked in Family Law and Child Custody for California on
Q: If I go into a recovery center can my son's father take him from me? there is no legal custody agreement. my son is 8

and lives with me in my mom's home with her and my stepfather. he is with his dad on weekends @ 100 miles away. how can I assure that he does not try to keep him while he is in my mother's care?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

How long will the recovery center be? Generally you have a right to be in your child's life. If the court determines you to be unfit or unable to care for the child (e.g., while you are in a recovery center) they can award temporary custody to the father; you can then petition to change... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can you offer to waive child support arrears (non-aid), in exchange for non-custodial parent's consent to move-away?

This is a child support case in California. Wondering if there is a family law code or case law that prohibit the use of waiving arrears as part of a family law agreement. Would rather waive back amounts owed than go through a lengthy court battle if consent is not given.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

Child support generally is waivable, but ONLY IF the court determines that the needs of the child can be adequately met in the absence of support. That is to say, you can settle on the issue of child support; but the court must specifically grant approval of this to ensure that the children are... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: If a awol Foster child is picked up by the cops then he is released to a family member knowing the child is awol

What should the family member do? Could family member legally file for guardianship?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

The family court can decide upon custody of the child. You can file an action in court to determine proper custody of the child.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for New York on
Q: My ex is incarcerated and it was a domestic violence situation . His mother is requesting custody . Can I ignore this ?

My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 3, 2022

You must appear in court to answer the petition. The fact that she is petitioning for custody does not mean that she will be given custody. Because she is a non-parent, she would have to first show extraordinary circumstances, such as abandonment or neglect on your part. She would then have to... Read more »

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If my childs other parent is trying to keep them from school to goto mexico what am i able to do

Currently separated for 4 years but still married and she lives in the home i own

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 3, 2022

Mexico requires written consent of both parents for a child to enter Mexico.

Consult an experienced family law attorney for more help.

1 Answer | Asked in Child Custody for Colorado on
Q: how can i find out about a child custody case that is supppose to go on in utah but i think the mother is lying.

i looked uo court docket and found nothing on this woman.i beleive that this woman is lying about this whole thing do u have any suggestions what i can do

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Oct 3, 2022

You can call the Court and ask if you are a party to the proceeding. If you are not, then domestic relations matters often are not available to the public, especially those involving children.

1 Answer | Asked in Divorce, Child Custody, Child Support, Domestic Violence and Immigration Law for Mississippi on
Q: Does my husband have rights if he’s illegalHere during a divorce

I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is 12 she’ll be 13 in three months She don’t want to go to her dad house so I have to make her go

I am waiting on a court date to modify parenting and I am asking to modify parenting time because my daughter doesn’t want to go over her dad house all the time and she doesn’t like how he’s been treating her or the things he have said about me to her I hate having to make her go and here... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

You are doing the right thing by filing the motion. Perhaps there is something negative going on that your daughter is afraid of disclosing. Still, your duty is to comply with the parenting time order and continue facilitating her relationship with her father. Typically in these situations with a... Read more »

1 Answer | Asked in Child Custody, Child Support and Military Law for Mississippi on
Q: I’m a military spouse. I have full sole custody of my 10-year-old son. I currently live in Italy until 2024.

I have custody papers I would like to know if they are still good even though i moved to another country. His dad has visitation and also signed for him to have a visa to live in Italy. He gets him during summer time June-August. He shares visitation with my parents who live in the same state as... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Oct 1, 2022

They are still valid, though they may not address your current situation. If your payments are going trough Child Support Enforcement, they can gather the information needed to reevaluate support. DHS is not involved in child support. Child support ism modifiable in all states based on changes of... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I get custody of my children will I still have to pay the arrears?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

Yes, you still have to pay any arrearage that has accrued. Child support cannot be forgiven once it has vested; however, you may be able to receive credits against the arrearage, depending on the circumstances. Whether you are entitled to credits is entirely up to the Court.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: How do I get custody of my son? His grandparents were given temporary custody.

They filed for emergency custody and were awarded temporary custody. There is a hearing in 1 week, said to be the final hearing. I have not been given any instruction on anything that I would need to do in order to get him back. If there is some form that I may need to submit or something, I'm... Read more »

Timothy Denison
Timothy Denison
answered on Sep 30, 2022

You should have your lawyer file a motion for return of custody before the hearing next week.

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Utah on
Q: Can dating someone with traffic misdemeanors effect child custody?

Im going through a divorce its been 9 months waiting. I fell in love with someone who has misdemeanors for dumb traffic things. He had some stuff in his teens. Hes changed and wanting to be a fireman or go into marines to be a combat medic. Im worried that my Ex husband who is not a good guy might... Read more »

Aric M. Cramer
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Aric M. Cramer
answered on Sep 30, 2022

This is not a criminal law question. You need a family law specialist.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Sep 29, 2022

Were her rights terminated or did she simply sign over custody in court memorialized in a custody order? Parents’ rights to custody off their child is supreme to anyone provided she shows it’s in the best interest of the child and if there has been a change in circumstances (assuming her... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 29, 2022

It seems unlikely if she has an untreated drug problem and no proper housing for the child.

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1 Answer | Asked in Child Custody for Tennessee on
Q: I have residential custody and my son(16) refuses to come back from his mothers house in another state, can I force him?

My son was there for summer when he started giving me ultimatums, saying how hard he was going to make it for me if I didn’t let him stay, I caved and allowed him to stay. I took custody from his mother in 2018 after DCS got involved which she moved to Florida after.

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Sep 28, 2022

I hate to say this, but . . . it depends.

It *appears* your son's absence from Tennessee is temporary and for less than six months, so jurisdiction should still lie with Tennessee and you will need to file something in a Tennessee court.

As there was a prior "removal"...
Read more »

1 Answer | Asked in Child Custody for Kentucky on
Q: My husband and I gave temporary custody to his brother after our house was lost to a fire.

During that time they began paperwork to adopt my son and daughter. We were not aware of this until after they successfully adopted them. We were homeless trying to get back on our feet and our kids were basically stolen from us. Its been 3 years during which time we have remained in our... Read more »

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

Depending on how long it has been since the adoption, you may be able to go back into the case and have it set aside if you weren’t given notice or served.

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