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Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My son went to see his sister for a visit in New York without me knowing..I got emergency custody papers in the mail

I have my rights as a father and New York family Court has given custody of my minor son to his sister...I wanted to file kidnapping charges on her but the authorities won't help...my next court date is on the 10th and I'm not sure what I'm supposed to do to get my son back but... View More

Cheryl Powell
Cheryl Powell
answered on Oct 5, 2024

Your first order of business is to get a lawyer in NY to represent you. Do you have custody of the child in IL? If so, you need to get a certified copy of it and email it to your lawyer in ny.

2 Answers | Asked in Child Custody for Florida on
Q: How old does a child have to be in Tampa, FL to make a custody decision if smart and organized and mature?

Child is smart, `13 yo living in Tampa, FL. Repeatedly says she doesn't like her father divorcing rather than working it out . She doesn't like 2 bedrooms and having to split life . She wants to stay with mother . During custody court preparation, she is seeing therapy. She of course is... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 4, 2024

There is no set age where a child can communicate with the judge. Most judges do not want to hear from the child. The court wants both parents to be involved in the child's life. You need legitimate reasons other than the child's preference to restrict timesharing. Speak with a local... View More

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What does it mean when the other parties lawyer is asking me the below.

My Son’s father has filed a motion for leave of court to amend his petition for modification and enforcement of the parenting plan and for other relief. His lawyer emailed me “Do you agree to submitting an Agreed Order on the motion to amend the petition. Which must be determined before a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 4, 2024

It looks like, for some reason, the petition has to be amended before the parenting plan can be modified. If you don't understand, ask the lawyer?

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1 Answer | Asked in Child Custody for California on
Q: My gf was ordered (by no contest) a psych eval, but they are trying to force treatment. Can she refuse treatment?

my gf has battled sociopath ex for 7 years. He loves filing motions and never stops until he gets what he wants. Recently he requested psych evaluation for her and the kids for 3rd time, the judge historically denied stating out of scope. However this last time he filed so many things she forgot to... View More

James L. Arrasmith
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answered on Oct 3, 2024

You have the right to address discrepancies in the court order. Start by carefully reviewing the order to confirm it specifies only an evaluation for you and the children, without mentioning treatment. Gather any documentation that supports your understanding of the order.

Next, communicate...
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1 Answer | Asked in Elder Law, Family Law, Child Custody and Child Support for New York on
Q: How do attorneys specializing in family law find and retain the services of Spanish interpreters?

Asking as a NY Court certified Spanish interpreter available for 722-C assignment.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024

Courts appoint and assign Spanish interpreters as needed during appearances before the court. As for in-office translation, most have employees and helpers who speak Spanish. Those who do not can refuse representation because of the inability to communicate, or can hire per diems from companies... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Cps took my granddaughter and placed her in harms way. What can I do to get her back ASAP?
Julie Fowler
Julie Fowler
answered on Oct 10, 2024

It depends why the child was removed. Often the fastest way to get a child back is to remedy whatever the alleged concern was that led to the removal. If you are not the legal parent, then you may additionally have to prove that the legal parents are not fit. The preferred placement under the... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Does terminating my parental rights cancel my child support order

This is an out-of-state issue, my daughter has decided she wanted to live with her dad, so she changed domicile to Michigan. I was ordered to pay child support, however, I have no communication with her because she won’t answer my calls, text, and neither will her father. I don’t want to pay... View More

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2024

Unless there is a step-parent adoption, or you can get the father to agree to no support, there will be a support order. The law and public policy prohibit you from simply terminating your rights as an end-around to a child support obligation.

1 Answer | Asked in Child Custody, Child Support, Constitutional Law and Insurance Bad Faith for Connecticut on
Q: I want a divorce and get my name clear after my civil right was broken base off faith and thief.

I was a foster care and these people keep stealing and coming up with excuse to follow me under fault laws and retaliation base of false allegations of attacking me and stealing my information. Yale and many of there church members are trying to slander my names base off false and shady business... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm truly sorry you're experiencing all of this. It might be helpful to reach out to a legal professional who can assist you in navigating the divorce process and address any violations of your civil rights.

Connecting with local support groups or organizations that advocate for...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: If I already have full custody of my nephew & petition for adoption, could I lose full custody if my petition is denied

The biological parents have not had contact with the child in over 1 year and he has not been in their custody for almost 2

Mark Oakley
Mark Oakley
answered on Oct 3, 2024

No. Denial of adoption has no effect on your custody order.

2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: Had court today 4 a motion 4 modification of an OFP. None of us were sworn in under oath. Was this a legal court case?
Robert Kane
Robert Kane
answered on Oct 1, 2024

If you were representing yourself, you don't get sworn as if you were as witness.

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1 Answer | Asked in Child Custody for Louisiana on
Q: I am the grandmother and my son wants to give up his rights and give joint custody to me what should I do
Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 1, 2024

An attorney who handles family law matters can prepare the pleadings to voluntarily transfer his custody rights to you.

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can other parent force me to take child to church?

My child’s mother and I have joint custody. Our daughter is 9 and last year her mother decided to enroll her in cathechism and while I’m not religious I allowed it. However, she never did do what was required and so my child basically “failed” so I decided no more. It is a waste of money... View More

James L. Arrasmith
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answered on Sep 30, 2024

In your situation, the other parent cannot force you to take your child to church or comply with religious activities during your custodial time, especially if you both have joint custody. Decisions regarding your child’s religious upbringing are typically considered joint legal decisions,... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Cps wants to Terminate my right but I refuse to give them up. What is the next step!They have my kids n are place Family

What will happen with my kids if I refuse to give up my rights. CPS wants to Terminate my rights and I'm not going to give them up. What will the out cone.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

The outcome depends on what evidence CPS and you introduce at trial. If you cannot afford an attorney in this type of proceeding, the court will appoint one. That being said, you should retain an experienced family law attorney who has handled CPS termination cases before, if you are able to do... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: What do I do when I have contacted everyone for a pro bono lawyer but there is none a available how do I get One help me
Tim Akpinar
Tim Akpinar
answered on Oct 15, 2024

An Alabama attorney would know best when it comes to local resources, but your question remains open for two weeks. One option is to look into legal aid organizations. There is a Legal Aid Society of Birmingham. That's not immediately local to Madison, the region in your post, but it's... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: family court case can i write a letter to the judge regarding the current case?
Tobie B. Waxman
Tobie B. Waxman
answered on Sep 29, 2024

No one will read it. Unless there is a pending hearing, anything you file with the court will get stuck in the case file and no one will see it, read it, or consider it. If you have a hearing pending, the best way to get information to the judge that is relevant to that hearing is by way of... View More

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I am not married to the mother of my 2 children in MN. What do I need to do to have my rights?

I am not on my older child's birth certificate, but I am on my youngest. She is threatening to leave the state.

Robert Kane
Robert Kane
answered on Sep 29, 2024

It seems you will need to establish paternity as to the oldest and get a custody order as to both. Take care. Rob Kane. Minnesota Family Law Attorney. You can get the help of a limited-scope lawyer, which means that the lawyer helps you as a coach or advisor, and you still represent yourself, or... View More

1 Answer | Asked in Child Custody for California on
Q: Mother of the newborn is not getting any help from father can she get sole legal physical custody, visitations father

The newborn is 5 days old father has not been in the picture since mother was two months pregnant nor has he financially helped during the pregnancy. Now that the baby is here the father is wanting to just come into the house and visit the baby whenever he wants he is not taking any financial... View More

James L. Arrasmith
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answered on Sep 29, 2024

Yes, it is possible for the mother to seek sole physical and legal custody of the child, especially given the circumstances you described. The court typically prioritizes the best interest of the child, and factors like the father’s lack of involvement during the pregnancy and his current living... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: OP making it hard for me to work evenings at my job. OP started calling between 20-33 times a month for 2 years now.

The parenting plan states, When child is in the physical custody of one parent, the other parent will have the right to contact the child by telephone. Other parent is saying I need to be available every time he calls the kids. In addition I don’t like the fact of buying a phone for the child... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

Telephone visitation is not ordered so one party can harass another. The calls need to be reasonable while the child is in your care, custody & control. However, if your schedule prevents you from allowing the other parent to talk to the child, and you refuse to get the child their own phone... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Kansas on
Q: My wife and I bought an iPhone for my 12 yr old stepson. His dad doesn’t want him to have it while in his care. Ks vs Mo

His dad and mom do not get along but for tax purposes, my wife is the custodial parent even though time is split evenly. David (son) wants his phone but his dad went through it without David’s consent and took screen shots of his conversations with his mom. Nothing derogatory was in those texts.... View More

James L. Arrasmith
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answered on Sep 30, 2024

In this situation, it’s important to look at the custody arrangement and any legal agreements regarding decision-making for your stepson. While your wife may be the custodial parent for tax purposes, decisions about things like phone use can still be a shared matter, especially when time is split... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: if the lawyer mislead the judge in the courts and I proved their was a misunderstanding but the judge disregards

I have proof the petitioner was untruthful but judge said he already made his findings and was not going to change it

James L. Arrasmith
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answered on Sep 29, 2024

It can be frustrating when you feel that the judge has ignored important evidence or overlooked a misunderstanding. In your case, it sounds like you believe the lawyer misled the court, and despite presenting proof, the judge chose not to reconsider the findings. Judges have broad discretion in... View More

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