Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Do I need to hire a lawyer if my Nevada Child Custody orders only say "the children"?

I only recently found that I had issues. I never even noticed that the order didn't list their names until this last year when I needed to renew my children's passports. The order was from 2012 and I had renewed before with no issues using the same Custody Order from the court. I had... View More

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

In your case, since the original custody order from 2012 refers to "the children" without listing their names, and this is causing issues with renewing passports and obtaining a psych evaluation for your daughter, you may need to have the custody order modified to explicitly list the... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: If my attorney has failed to represent me in my child custody case and he isn't standing up for me in court what do I do
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

If you feel your attorney is not effectively representing you in your child custody case, it's important to take immediate action. Start by having a candid conversation with your attorney about your concerns. Explain how you feel they aren’t standing up for you in court and ask for a clear... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for New Hampshire on
Q: If father isn't on the birth certificate does he have legal rights? Also how do u get legal custody of child
Brian J. Stone
Brian J. Stone
answered on Oct 12, 2024

If the father is not on the birth certificate, he would need to file a parenting petition in the family division. In that case, the father would have to request a paternity test to prove he is in fact the biological father. Then the father has asserted his parental rights. Once those are... View More

1 Answer | Asked in Animal / Dog Law, Child Custody and Family Law for Arizona on
Q: Can my nieces CAA court order my dog to be taken away from me based on a lie of saying he is her emotional support dog?

My brother is going through a custody battle in which temporary orders were given for my nieces to live with their mom. A CAA was brought in and my niece told her that she misses her dog and that she uses her dog as an emotional support animal. The dog in questions was a Christmas gift for the... View More

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

I am probably too late on this ...

Most likely, the family court does not have jurisdiction over your dog.

The family court only has jurisdiction over dogs in divorces and only when the dog was acquired during the marriage and is the property of one or both of the spouses. In that...
View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can I voluntarily sign my rights over to the other parent
Cheryl Powell
Cheryl Powell
answered on Sep 13, 2024

No. Not unless your rights are terminated by juvenile court or through an adoption if the other parent is remarried and wishes to adopt.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What does reunification generally look like in Florida?

Father has been absent for 4 years (since birth) and now wants to petition for custody out of the blue. Is mental health counseling generally a part of the reunification plan? How long are the gradual steps for reunification? Will he ultimately get to 50/50 custody? I just want to understand whats... View More

Destardes Moore
PREMIUM
Destardes Moore
answered on Sep 17, 2024

Reunification varies based on the specific circumstances of each case. If mental health concerns are raised in the pleadings, evaluations may be ordered. Initially, supervised timesharing is often implemented when there is a significant gap in time, and the child is unfamiliar with the other... View More

View More Answers

3 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do I obtain passport without absent parent

Modification of custody

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

Get a certified copy of your court custody order giving you SMC or the sole right to obtain a passport for the child, and take it with you when you apply for the passport.

View More Answers

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Can I be help with a cps case because I have been racially discriminated and my daughter detained from my care?

I am 24 and my daughter is five my case worker has retailed against me because I reported her for labeling me as petty now I was told be my appointed lawyer that even if I complete my case plant daughter won’t return to me because her and her supervisor to my lawyer that I’m focused on my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

It sounds like you're going through a difficult time with your CPS case, and it's important to know that you have rights. If you believe you’ve been discriminated against or retaliated against, you may be able to seek legal help to ensure you are treated fairly. Gathering evidence like... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: child’s father has moved across the country no support can I remove from birth certificate?

my child’s father moved across the country. We were never married, but he was put on the birth certificate. We have never gone to court. He would just randomly send money every once in a while, but has stopped in the past six months can I remove him from the birth certificate?

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

I'm not sure why you would want to move the actual father from the birth certificate. If you want child support you can go through the court to obtain an order or through the state. Opening up a case with the state will be of lower cost than hiring a private attorney. Yet, a private... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My ex has visitation of our 12 and 9 year olds, he supposed to have visitation which is court ordered 1,3,5 weekends

He is now homeless and takes our children to airbnb and hotels for his weekends. Can I withhold visitation until he has a place to live?

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

No, you cannot unilaterally decide to deny his visitation because you deem the places he is taking the children to be unsuitable. If he is taking them to rented locations, then they are in safe, probably sanitary, residences, even if they do not belong to the father. If you want to modify his... View More

2 Answers | Asked in Child Custody and Divorce for New York on
Q: What is the process for divorce with children involved and custody arrangements

Currently married but might look to divorce and need to know about custody steps

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 13, 2024

Custody can be addressed in the Divorce case or you can file for custody alone in Family Court. Speak to an attorney.

View More Answers

1 Answer | Asked in Child Custody for Minnesota on
Q: Does mother have full custody if no custody has been established?

My son is 9, his dad and I have never been married and never established custody through the court. He is on the birth certificate and we signed a ROP at birth. We have always agreed on a schedule. He has a past of abuse, anger issues etc to not only myself but others. I feel he is not acting in... View More

Robert Kane
Robert Kane
answered on Sep 13, 2024

Who told you "not to because technically [you] have it and he has to file for parenting time."

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: My unmarried partner and I decided to part ways. We have a child together who was born in San Francisco CA. We moved to

Tn in 2017. His name is on the birth certificate in Ca. He is staying in Tn and my daughter and I are going back to CA. What are his paternal rights? We also bought a house together where his mother gifted us 100k for the down-payment. Since we are parting ways, his mother wants to take my name off... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

Are you on the Deed as a grantee? Hopefully you are a tenant in common of an one-half undivided interest. If so you can sue for Partition if there is sufficient equity in the property. Being signed on the Deed of Trust and Note does not make you an owner, just liable for debt.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Spouse has a restraining order for beating his wife and he is undocumented, can the wife leave the state with her 3 kids

She has no family or friends to help in Texas

John Michael Frick
John Michael Frick
answered on Sep 12, 2024

Unless a court order has been entered preventing her from leaving the state with the kids, she is free to do so. If her spouse has court-ordered possession times, she needs to make sure that the kids are available for those times and are available at the location specified in the order for the... View More

1 Answer | Asked in Child Custody, Civil Rights and Family Law for North Carolina on
Q: How can I legally live apart from my parents at 17? And, if not, can the police make me go back?

My parents used to not let me out of the house at all if I had a grade below a 90, they would also take my phone. This may not seem bad, but it led to me being very depressed and suicidal since I couldn't make friends, and I was studying from when I woke up until I went to bed, while watching... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

Living apart from your parents at 17 in North Carolina without their consent can be challenging. Generally, until you turn 18, your parents are legally responsible for you. This means that if you leave home without permission, your parents could involve the police, who might bring you back if they... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Am I still able to see my kids if I had given up my parental rights?

My kids are currently in the care of their Father who I have a mutual understanding with. He is more than willing to allow me to see the kids but is concerned that doing so is against the law. Am I allowed to see them even though my rights have been lost?

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2024

The question more so is whether the termination has been finalized. If that is the case, then it seems there would no longer be any legal prohibitions on you seeing the kids. Depending on what allegations substantiated termination of your rights, I suppose the father could be risking CPS... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Divorce and split house 50/50

We been going to court already for the 5th time for divorce. We got a house before we married but moved in to the home together the first day we got it we both split the mortgage. She got me good she put her dads and her name on the house. I lived there for 15 years we remodeled the home and... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if... View More

View More Answers

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Georgia on
Q: I tested positive for meth and my baby did as well. Defacts says the only option I had is to give the baby up

To my adopted mom and I couldn't live with her or come see my child. I currently work as a caregiver for an elderly gentleman in exchange for a room in his house. They say I'm homeless because of that. I go to court tomorrow morning, I agreed to out patient rehab, random drug tests and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

In your situation, it's important to know that you have legal rights, and you should consider seeking the assistance of a legal advocate or attorney who can represent you in court. You have the right to present your case, showing your willingness to participate in outpatient rehab, take random... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Louisiana on
Q: I been married 7 years and I been having a feeling he was cheating. I finally have proof. What steps do I take

He's always worked and I stayed home. He refused to help me with anything including our 2 kids

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 11, 2024

You should consult with an attorney who handles divorce and family law matters. He/she can explain your rights and options to you regarding getting an immediate divorce on the grounds of adultery, as well as child support and spousal support. Good luck.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: the mother of my child's father is a sex offender, caught with young children is there anything i can do to get my son?

im 17 the babys mother is 16, a couple months after finding out her and her family cut off all contact we said okay and have only asked how the babys doing sense but they will not answer any of our questions. She lives with both of her parents and her dad is a sex offender he preyed on young girls... View More

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

You and your parents (who need to file since you're not 18) should contact a family lawyer if they haven't already, should consider filing to get some orders in place and perhaps emergency custody, including orders that her father not have any contact with the child.

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.