Lawyers, Answer Questions  & Get Points Log In
Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I want full custody when my daughters born. Her father & I are not married. can I file for child support & have full cus

My babies father is violent, a drug user, a felon & I have documented reports with the police of the abuse. We are not married. I filed an OOP against him, & will be filing one immediately for her against him when she is born. How can I file for child support & still keep 100% full... Read more »

Randi Sirlin
Randi Sirlin answered on Jan 16, 2022

He will have a right to see her if he is clean, but you would want to ask for supervised parenting time at his expense at a court affiliated parenting skills center or no parenting time if he is using.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: If my son's father has not paid child support or seen his son/reached out for 2 years can I file and get full custody?
Brent T. Geers
Brent T. Geers answered on Jan 16, 2022

I would think so, if you don't already have full custody.

1 Answer | Asked in Child Custody for Louisiana on
Q: can i get out of state officials if my children's grandparents (fathers side, grandfather) is very well known across LA

His parents are suing me for custody. I had a drug problem. I no longer do, but he Has been a state trooper (just recently retired) for I believe about 40 years. He knows every judge, DA, everyone, all across the state. What are my options?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 16, 2022

If you and the children live in Louisiana, then the case stays in Louisiana. Hire a custody lawyer.

2 Answers | Asked in Child Custody, Family Law and Military Law for Arizona on
Q: Would my husband and I be able to get/keep custody of his daughter if he enlists in the military?

My husband wants to enlist in the military, but he doesn’t want to lose custody of his 2yr old daughter. Right now he and his ex haven’t settled any sort of custody agreement in court, it’s all been verbal agreements. We currently are her primary household, and have been for over a year now.... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jan 16, 2022

Courts determine who should have primary custody of a child by applying a number of best interests factors. The fact that you and he have been caring for the child for a year weighs in your favor. There is no clearcut answer as to whether military service impacts a child custody analysis. It... Read more »

View More Answers

1 Answer | Asked in Child Custody, Child Support and Divorce for Arizona on
Q: I have a question. I want to divorced my husband I have 3 kids and I don t have a place to go live can he pay for us.

Been married for almost 13 years just started working 3 years ago but I won't make it to pay rent.

Stephen M Vincent
Stephen M Vincent answered on Jan 15, 2022

Yes, it's possible. You will need to ask for spousal maintenance, and will likely need to ask for temporary spousal maintenance. Whether or not a Court will actually order spousal maintenance is a different question and probably only be answered after a consultation.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can the father of my child deny me visitation if it was court ordered?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 15, 2022

No. Your lawyer can file for contempt on your behalf.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: I was in prison for 4 year total. The state of Michigan still charged Me almost 500 a month in support
Brent T. Geers
Brent T. Geers answered on Jan 15, 2022

Typically, the burden is on you to show the friend of the court you are incarcerated so that payments may be suspended. You now likely have arreages. Best thing you can do is contact the friend of the court and work from there. Don't wait until they start taking enforcement action such as a... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: can my aunt get custody and only allow me to see my daughter two weekends a month?

I have custody of my daughter (7) but she has lived with my aunt for 6 years. I lived with and took care of my daughter at my aunts for the first 3 years but my aunt kicked me out due to lack of space. I’ve always been involved in my daughters life and my wife and I have been working to... Read more »

Richard Diamond
Richard Diamond answered on Jan 14, 2022

YOU NEED TO IMMEDIATELY MEET WITH A DIVORCE LAWYER WHO REGULARLY HANDLES CUSTODY DISPUTES AND GRANDPARENT VISITATION CASES TO GET AN EDUCATION ON THE APPLICABLE BODY OF LAW GOVERNING YOUR TYPE OF MATTER. I have no idea what your aunt filed with the court nor what you filed in response, but there... Read more »

3 Answers | Asked in Child Custody and Probate for Florida on
Q: My ex husband just passed and owes $15,000 in back child support. Can this be recovered?

There were restraining orders in place as he was found guilty of sexually abusing our son in family court and I had full custody. I am not in contact with his wife or family but I know that he was receiving social security benefits as he was terminally ill and owned a business. I spoke with a good... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jan 14, 2022

Maybe, it depends on whether there is a probate and what assets exist that are probated. You would make a claim against the probate estate and if there are enough assets then you could possibly get reimbursed. You will want to check with the clerk of the court in the county where he lived to see if... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Who has custody of the parents weren't married?

The child is 2yo boy. The parents were never married. The mother has filed for child support through DHR (pending) and no custody has be arranged or started. The mother tried to press charges for DV but they were dropped. The mother was given 7 days to leave with their child and her other 2... Read more »

Kristine Jones
Kristine Jones answered on Jan 13, 2022

Thank you for the question. Neither party has legal custody of the child until a court order is issued. The mother has filed a case in a certain state, if she leaves, there are jurisdictional issues that may be raised by the court or the father if she moves or fails to pursue the case. Of course... Read more »

1 Answer | Asked in Child Custody and Family Law for Utah on
Q: How do you get a custody order reversed that was falsified? What can you do when they intercepted mail and had no idea?

My fathers ex girlfriend while living with him went to the courts and filed for custody of my sister claiming she didn’t know where he was. And would get all the mail and summons to appear and hid it from my dad so they granted her full custody. Jump forward a year and she assaults my dad again... Read more »

Chase Van Oostendorp
Chase Van Oostendorp answered on Jan 13, 2022

This is a tricky situation. There are ways to undue orders, especially those that were obtained under false pretenses. Please see Utah R. Civ. P. 60.

This seems to be a complicated issue. I would advise you to talk with a lawyer who is familiar with domestic issues like this.

1 Answer | Asked in Adoption, Child Custody and Family Law for Louisiana on
Q: Can someone adopt a child without the biological mothers consent
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 13, 2022

Yes if her rights are terminated. You need an adoption lawyer.

1 Answer | Asked in Family Law and Child Custody for California on
Q: I have 50/50 legal and 100% custodial of my son his dad won't all us to get him a passport. What do I need to do

The father does not have a legitimate fear of travel he is strictly disgruntled. What form and how do I file for a motion to get a judge to approve my son getting a passport

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 12, 2022

This forum cannot be used in this manner; i.e. to be instructed on how to practice law. If you do not want to hire an attorney to assist you, you can use the court's self-help link on the Superior Court's website. What you will need is a Request for order either to modify custody so... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I’m suppose to pick my son at 6pm for a holiday schedule, but i leave work at 7pm. Can i pick him up at 8pm?

My court order says: K

The parties shall notify the other party within a reasonable

time (defined as not less than seventy-two (72) hours in non-

emergency situations) prior to their custodial periods of their

intent not to exercise said physical custodial periods.... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 12, 2022

Going by what you have posted and assuming that is the order, then if you give advanced notice you should be able to do so. Be sure to discuss it with the other parent so there are no conflicts

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is it required to let the other parent know of change of residence within 60 or 90 days before move?

What if I need to move before 60 days? Is that not allowed? I just found out I have to move and it needs to be done before that amount of time. I did not see any statement on papers Indicating when I have to let the other parent know.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 12, 2022

If there is not a geographical restriction in your court order, preventing you from changing the primary residence of the child without further orders from the court or without the other parent's consent, then typically court orders require the primary parent to notify the other parent of a... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter n to give her brother power of attorney so he can put her children in school, doctors right away she is in

Ny Children in Atlanta Georgia will the power of attorney papers be okay .

Russel Morgan
Russel Morgan answered on Jan 12, 2022

Yes, though this question is a bit unclear but happy to assist you over the phone or email.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: What weekend is it currently according to Arizona custody law?

Was awarded 2nd & 5th weekends, and uncertain how this applies to January 2022.

Stephen M Vincent
Stephen M Vincent answered on Jan 12, 2022

I would judge weekends as Saturdays and Sundays, and since the 1st was a Saturday, that was the first weekend of the month.

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: In a divorce - if there has been domestic violence or family violence perpetrated by one spouse and his family….

And parental alienation by the husband and paternal grandparents who is manipulating the child against his mother. Is it likely the mother will get full physical custody and the father supervised visitation? Is it more likely the mother will get the home? This is in Georgia USA

Joshua Schiffer
Joshua Schiffer answered on Jan 12, 2022

Its really hard to do a thorough analysis without full context, but Domestic Violence always grabs the attention of the Judge when looking at Family Law Cases.

At the same time, judges will almost always ensure both parents get substantial time with the child regardless of the criminal...
Read more »

View More Answers

4 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I stop a court proceedings if I feel I need a lawyer? May I ask the judge to hold the proceeding if I need a lawyer?

I feel I may need to ask for representation in a family court case. I have court tomorrow and if I feel I need a lawyer can I ask the judge to stop and allow me to get one?

John R Gaertner Jr
John R Gaertner Jr answered on Jan 12, 2022

You can request a continuance to retain an attorney. The Motion may not be granted but it is worth the attempt. You should contact an attorney immediately to seek representation so that you can inform the Judge that you have already began the process of securing representation.

View More Answers

2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My wife gained physical/legal custody of her children at final divorce hearing with her ex, can I adopt her kids?

The father has been incarcerated before and found in contempt of court, doesn’t pay child support etc. We were recently married, currently live in TX but court hearing was in Georgia, she wants me to adopt but the biological father (her ex husband) will likely not want me to be able to adopt.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 12, 2022

You can file a contested adoption. You need to speak with an experienced adoption attorney who can handle this.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.