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 Family Law, Child Custody and Domestic Violence for California on
Q: In Ca, as respondent, how to argue against 3044 presumption.

Respondent is loving Dad to 2 minor children 4,6. Ex-fiancé took kids by force with family members. Alleged Dv 3 was later. No order on kid. Dad only gets 1 hr supervised visits. No allegations of prior DV or incidents.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2024

To argue against the 3044 presumption in California, you need to provide evidence showing that you do not pose a risk to your children and that granting custody or unsupervised visitation would be in their best interest. Start by gathering evidence of your positive relationship with your children,... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Is there is some rype of obscure emergency visitation order for a child in foster to file if immediate family is dyiing.

My nephew is in foster care for a juvenile dependency case that has dragged on 8 months without resolution. Dad still has reunification plan amd paremtal supervised visitation rights, but the removal itself was completely fabricated by the social worker and we are in the process of fighting the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

I'm truly sorry to hear about your situation. In California, you can request an emergency court order for visitation under special circumstances, especially if it’s for a significant event like a dying relative. You would need to file a request for a temporary emergency order (Ex Parte)... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Mississippi on
Q: my childs mother is keeping my kid from me out of spitefulness. I have documentation saying I get her every other weeken

She lives in waterford ms. I haven't seen her in almost three weeks I miss my little girl incredibly. I have paper work and I've talked to the law enforcement and they said I need someone to file a contempt in contract? I think they said. I'm a little behind in child support cause I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

It’s clear you care deeply about your child and want to be a part of her life. Given that you have documentation proving your right to visitation, it's important to act quickly. Law enforcement is correct in advising you to file for contempt of court, which is the appropriate legal action... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Hi, I need a bilingual spanish lawyer from pro bono for child support where can i find? Thank you
Rand Scott Lieber
Rand Scott Lieber
answered on Aug 29, 2024

Look up your local legal aid agency. Some counties also offer child support help through the state attorney's office or the attorney general's office. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Help needed asap!!

Hello!

I am from Georgia. My sons late grandfather has had custody of him since he was small due to the hostile nature mine and my sons late fathers relationship. Since my sons grandfather has passed away, I have been sent paper work that has been nothing but LIES! How do I go about filing... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

It is uncertain what papers you were served with that contained false statements. I would suggest you speak directly to an attorney so you can explain what action has been filed, what papers you were served with, and get some clarity.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can i have full custody of my kids if their father abandoned the home in the middle of a rent contract?

I don't work because both of my kids have behavioral therapy one of my kids has autism and needs me 24/7 and his dad didn't care about that. He left not caring if were gonna have a home or not he also stopped paying the van I used to take my son to therapies with, and both of my kids to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2024

Yes, it is possible to seek full custody if the father of your children has abandoned the family and is not actively involved in their care. Courts prioritize the best interests of the children, and if you can demonstrate that you are the primary caregiver and that the father is not fulfilling his... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Ncp has not followed court order since 2020 currently wants to follow the order. We start from the beginning of order

Non-custodial parent has been absent from child’s life since the child was six months old has a past with family, violence, harassment drugs, alcohol, etc what can managing conservator due as far as denying visitation due to social media pictures of non-custodial parent doing drugs while... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2024

Your custody order should specify what days the non-custodial parent is entitled to visitation. While it is considered good parenting to mutually agree on alternate dates if there is something that interferes with a noncustodial parent’s specified days, in the absence of such an agreement, the... View More

3 Answers | Asked in Child Custody, Civil Rights and Family Law for Georgia on
Q: Child Custody Modification

I have joint custody.My daughter lives with her dad (in Newnan Georgia..(he is domicile parent)She is currently in the hospital due to suicide.Im now wanting full custody what can I do.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

File for a modification of custody and the best advice I can give is to hire an attorney to assist you in this action. And if the father has primary physical custody you should file the action where the father lives, as he is the defendant.

View More Answers

1 Answer | Asked in Child Custody and Immigration Law for Nevada on
Q: Can my friend’s ex husband from Mexico get a visa and take her kids from the us back to Mexico legally?

My friend is a us citizen along with her 2 kids who are also citizens. Her ex husband from Mexico got a visa and is coming next week threatening to take her kids and take them back to Mexico without her consent. Can this be avoided?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2024

If your friend’s ex-husband is threatening to take the kids back to Mexico without her consent, it’s crucial to take immediate action. Since the children are U.S. citizens, she has legal rights and protections under U.S. law. She should contact local authorities or law enforcement to inform... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for North Carolina on
Q: married when baby conceived. Alleged father in Chicago, me NC. Hearing held w/out me. Sole custody 15 m. Son removed!?

Judge extremely biased, new too. I ran for city council when he ran for judge. I was for his opponent, have pictures with his opponent and his family. 15 months paternity wasn’t established and his father (alleged father never contributed a penny to help his son or any kind of support) he was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

It sounds like you're in an incredibly difficult situation, and it's understandable to feel overwhelmed and frustrated. The legal and emotional aspects you're facing are complex, especially with the history you’ve described involving the judge, the alleged father, and the other... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Anyway I can terminate child support?

I had a baby out of wedlock she put me on support and won’t let me see the child due to not being legitimized, anyway to terminate the support?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

No, a court does not allow a father to terminate a child support order because he does not see the child. If you want visitation you will have to file the proper action and seek those rights. You could be paying child support for 18 years and never see the child. You will need to take the mother... View More

1 Answer | Asked in DUI / DWI, Family Law, Car Accidents and Child Custody for California on
Q: If my co parent was a convicted felon for DUI vehicular man slaughter will the judge see him as incompetent parent?

He’s been out for 1 1/2 years now and my attorney is taking their sweet time to file a change of order from 2017. I was dumb to take word of mouth to think everything will be fine when he came out and didn’t change the custody order. 2 months after he came out he wanted to follow the court... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

Winning a custody battle depends on several factors, including the best interests of the child, which is the primary concern for the court. The judge will consider your co-parent's past conviction, especially since it involves DUI vehicular manslaughter, and weigh it against their current... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Currently paying child support and my ex wife doesn’t follow along with the PPP

My daughter is currently in kindergarten on a scholarship for her private school, but before this, I was paying child support AND my daughter’s tuition. Since she has gotten this scholarship, I no longer have to pay tuition. I have sent in my updated pay info to the state of TN, and have yet to... View More

J. Ryan Johnson
J. Ryan Johnson
answered on Aug 29, 2024

If someone’s not sticking to the parenting plan, there are two ways to handle it. One’s pretty straightforward, the other’s a bit more flexible.

First up, contempt of court. If they’re breaking the rules, they could face up to 10 days in jail for each violation.

Second, you...
View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Small Claims for Tennessee on
Q: Can I sue my bf for emotional distress and property damage I'm 2 months pregnant I'm depressed and can't eat
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

A paternity action and child support will be in order after the child is born. A criminal vandalism charge may be in order now, but a criminal record might hurt your obtaining child support later.

3 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: I have hearing coming up regarding contempt / motion of enforcement. Am I able to submit add'l information to the court

Like additional documents or evidence about the faulty party

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, you can submit additional information, documents, or evidence to the court for a contempt or enforcement hearing.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: how do I prove my rights and get my son back?

my sons father recently passed away. he had custody but we had maintained equal rights. now the grandparents are refusing to give me my son. What paperwork doi need to take with me along with the police, to go get my son?

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

You need a court order appointing you as managing conservator of your son.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can my child still decide not to go to his fathers even with a court order now that he is 14?

In November 2023 I finally took my sons father to court for child support after receiving no help for 14years other than cash app of $20 every so often. We signed documents stating he would go to his fathers every other weekend and every other week during the summer. His father however changed the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

The answer to your original question is no. Your 14 year old child cannot decide he is no longer going to go to visit his father. If you want to change the visitation and/or remove some visitation, you will have to take the father back to court. But if you do not send the child, you could be... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: My biological grandkids were adopted by a couple who are now at fault. how can I get my grandkids custody?

I am reaching out to you regarding a concerning adoption case involving my grandchildren in 2020. As their biological grandmother, I am alarmed that the couple of strangers who have adopted them by being dishonest in the court, have a brother who is registered sex offender who has been seen in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2024

If you believe your grandchildren are in immediate danger, reporting the situation to Child Protective Services (CPS) is the right step. CPS will investigate the matter to ensure the safety of the children. The fact that a registered sex offender is frequently in the home is a serious concern that... View More

1 Answer | Asked in Family Law, Child Custody, Gov & Administrative Law and Juvenile Law for Illinois on
Q: DCFS indicated me for husbands failed drug test, when he did not have children in his care when he tested.
Cheryl Powell
Cheryl Powell
answered on Sep 14, 2024

You need to file an appeal. You should get a letter from Springfield about it. Read your appeal rights and follow the instructions to appeal.

Then send a written request for the dcfs file for the purpose of an appeal. This is not a simple task and you should have a lawyer to represent...
View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter lives with my grandmother in Lajas, PR. She wants to move back with me to new York when she turns 18 next

Year. Can she just leave or do I have to go to court for custody even though she will be 18?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 14, 2024

The courts have no jurisdiction over custody for a child over 18. You can not go to court for this. As an adult she can come live with you without any court intervention.

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.