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Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New York on
Q: My ex wife in Texas has filed to terminate my parental relationship with the tow children we have together. I need help.

I don't know what my options are or how to file my response. I have 20 days to respond.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

The asker omits much information in an otherwise broad question. The asker needs an attorney for the best answer.

Texas is one of the states of this union that allows a parent to sign away their parental rights to their child. New York has no such law. Texas Family Code, Chapter 161,...
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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: After a terrible situation child service was called. My lawyer at the time to plead guilty to neglect to have any hope

Of getting my family back so I did. Now I'm totally screwed on some false allegations. Please any help would be great

Timothy Denison
Timothy Denison
answered on Sep 23, 2024

You should never plead guilty unless you really are guilty. Hire the best lawyer you can snd go back to court.

1 Answer | Asked in Child Custody and Family Law for California on
Q: Does enlisting into the US army reserves at 17 in California legally emancipate you?

If so, can I count as independent status for FAFSA

James L. Arrasmith
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answered on Sep 23, 2024

Enlisting in the U.S. Army Reserves at 17 in California does not automatically emancipate you. Emancipation in California typically requires a court process or getting married, and joining the military is not enough on its own. To enlist at 17, you would also need parental consent, further showing... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can I get child support from the father if I only have one child with me and he has the other child?

My 16 year old wants to live with the father but my youngest don’t how will the child support work in this case

Robert P. Taylor
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answered on Sep 22, 2024

It is possible. Child support is based on the percentage of time each of you has the children and your respective incomes. For example, if you make very little money and he was very wealthy, he may have to pay child support even though he had both children the majority of the time. The same works... View More

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1 Answer | Asked in Family Law, Real Estate Law, Child Custody and Child Support for Georgia on
Q: What if the other party's lawyer is asking demands via phone and refuses to email me anything? Can I report him?

The father of my child is asking us to leave the house, under his name, and is demanding short time. He moved out years ago. The lawyer has not presented me with papers or anything physical but constantly calls me, and reminds me of deadline. I told him, nothing is legitimate until I see papers.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

If you have a family court case you should hire an attorney with experience in handling those matters. As you are the opposing party, and you do not have an attorney, the attorney representing the other party does have to speak directly to you, regarding the case. And they can choose to... View More

3 Answers | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: How do I get my one year old back after 3 months away from me?

I was financially struggling and temporarily placed him with his father for his best interest and we agreed that once I was secure I would bring him home

John Cucci Jr.
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answered on Sep 22, 2024

If you had your agreement with your son's father, and it was in-writing, you have a good chance of getting your baby back. If the agreement was not put in a written agreement, then you may be able to use emails, texts, or other communications to build your case for re-unification with your... View More

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1 Answer | Asked in Child Custody, Child Support and Divorce for California on
Q: Should child support banbankrupt a perant? I make 85,000 a year and court just left me with a $400 a week take home.

Cal says %50 of your take home. For 3 or more kids. But, if you taken away my mean to to work. How do you think I can pay

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you're in a tough spot with child support and your ability to manage your financial responsibilities. California does have guidelines for child support, and for three or more children, up to 50% of your take-home pay can be allocated. However, leaving you with so little to live... View More

1 Answer | Asked in Child Custody for Kentucky on
Q: I have shared custody of my 11 year old son. The father has not let me know anything about my son’s wellbeing.

I don’t even know who his psychiatrist and therapist are. I just found out that he put sole custody of him when we have shared custody. Can he get in trouble for that?

Timothy Denison
Timothy Denison
answered on Sep 21, 2024

More info is needed to properly answer your question.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: She was supposed to take the kids for holiday but as soon as I arrived she said she was calling the police cause I'm

Refusing to give them to her which was untrue instead she said she had the court paper saying she had parenting time and I said great can you send it to me so I can know when to pick them up. So while waiting for the police over 45 min she called a cab and left without the kids. Then she filed a... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

You're not at fault.

She's being ridiculous.

The problem is this: How did you document this?

When you're fighting with crazy, you sometimes need to think through how to prove things that are, well, absolutely ridiculous that you have to prove.

Bear in...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Federal Crimes on
Q: Cps used a judges denied pick up order tore the first page off and stole my kid?

They asked me to do a welfare check and bring my son in. He’s an infant I sat at the table. She said, my son won’t be leaving with me. Today had papers in her hand before handing them to me she tore off the first page what she gave me was a hearing notice and what I presume is the need for... View More

James L. Arrasmith
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answered on Sep 20, 2024

It sounds like you're in a very difficult and stressful situation, and you need to take swift action to protect your rights and your child. First, if you believe there was misconduct during the process, such as altering documents or withholding information, you should contact an attorney who... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: MSA Family code question, a provision was added to the MSA

The proposed MSA: Family Code §5616: The parties acknowledge that they have been advised that: In the event that there is a contract between a party receiving support and a private child support collector, the party ordered to pay support must pay the fee charged by the private child support... View More

James L. Arrasmith
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answered on Sep 19, 2024

In your situation, while your ex may agree to forgive your arrears in exchange for stopping child support and spousal support garnishment, the final outcome depends on whether the court approves the agreement. A judge will review the MSA (Marital Settlement Agreement) to ensure that it complies... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: hello i was wondering why online my housing authority says issued/offer but when i call it says withdrawn?
Timothy Denison
Timothy Denison
answered on Sep 20, 2024

The online entry may not have been updated or vice versa.

4 Answers | Asked in Child Support, Child Custody and Family Law for California on
Q: No custody. Child support order changed to 0$. The grandpa of mother now has custody and is asking for child support.

in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$... The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 19, 2024

Not sure what you mean by "released your rights". You cannot relinquish your parental rights unless your child is being adopted. Your obligation to pay child support/to financially support your child remains enforceable regardless of what agreements you may have reached with the other... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How long will it take for me to received child and spouse support after I request a court order?

I filed for divorce 2 months ago. There’s a custody hearing next month (that my ex requested) but I have not received support or requested an order for it. I’m going to file for it now but wanted to know, how long will it take for me to receive any temporary support while divorce is pending ?... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 19, 2024

If you don't have a court order for support, you won't get support. Once you get your court order for support, you should obtain an "Income Withholding Order" and then serve that on the supporting parent's employer. It may take a couple months to process before support... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: Iex husband got me arrested on false allegations, it was dismissed, but knowing, he filed exparte & got full custody,

The court mediator, recommended immediate return to mom,but his lawyer said she was bias, and they file new laws everyday, they don’t serve me, and got my trial date moved to next year. How can I quickly reverse or dismiss this, based on no due process, fact finding, no service, no evidentiary... View More

Padideh Seyed Jafari
Padideh Seyed Jafari
answered on Sep 19, 2024

First off, get your own attorney right away if you have not done so. This is not a situation you want to try to handle on your own.

With the attorney you can discuss if a motion to advance, new trial date or emergency motion is the most appropriate action. If you have any evidence that...
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1 Answer | Asked in Child Custody for California on
Q: Child custody: do we still have to follow a min order even if we have a court order?

Example: min order says pickup is at parents home, but court order states nothing about a specific pickup location

James L. Arrasmith
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answered on Sep 18, 2024

If you have a court order regarding child custody, the terms of that court order will take precedence over any general guidelines or "minimum orders." This means that you should follow the details laid out in your specific court order, even if the minimum guidelines suggest something... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I live in Florida. My children live in ny. How do I go about getting custody or at least scheduled visits?
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2024

If your children have lived in NY for longer than six months then you need to file for timesharing in NY in the jurisdiction where the children live. If you were never married to the other parent and have never been to court then it would be a paternity case. Speak with a local family lawyer for... View More

2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Can I move to Texas while divorce is active?.

I am living in FL with my 6 month year old child but have an active divorce case in GA where her father resides. When I got pregnant I was living in Texas. He and I talked about reconciling and he told me to quit my job sell my stuff & move back home to GA. 60 days I had to wait & during... View More

Regina Irene Edwards
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answered on Sep 18, 2024

You need to speak with an attorney about your specific situation as you have a case pending. Multiple moves may impact a custody case, so an attorney needs to hear all the facts before giving you advice.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Custody of child is 50/50, can I have him put on 72 hour hold during my time without biodad being able to pull him out?

I have half custody of my child, everything is split in half including medical decisions. Can I have my child placed in an institution for a 72 hour hold during my time with him without bio-dad having any legal rights to pull him out since it would be during my week with him?My child is Autistic,... View More

Gratia "Grace" P. Schoemakers
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answered on Sep 18, 2024

Your custody / visitation order should tell you who has the rights to make these types of medical decisions, and whether or not the other parents must agree to it.

If you are not sure if your order has this information in it, contact your family law attorney for guidance. If need be, file a...
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1 Answer | Asked in Divorce, Child Custody, Civil Rights and Communications Law for Louisiana on
Q: Do I have to inform my ex husband I am recording our conversation while we talk about the divorce in a public park?
James L. Arrasmith
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answered on Sep 16, 2024

When recording a conversation with your ex-husband in a public park, the rules depend on the laws of your state or country. Some places require the consent of both parties for recording conversations, while others only need the consent of one person involved in the conversation. This is known as... View More

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