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Child Custody Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Kansas on
Q: I have a cinc case in Johnson county ks that I believe the judge who is seeing this case is a judge from my years as a

Foster child and I believe she is being bias when making the calls of whom is fit to raise my child

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Can u legally have ur child's last name changed to yours by filing it in court as an adults name change?

I have a 7 year old daughter with a man that has been in and out of her life the full 7 years mostly out of her life. At 5 months old He went to our local county courthouse and had her last name changed to his within 2 weeks and all without my consent. I recently found out he filed the name change... View More

Cheryl Powell
Cheryl Powell
answered on Nov 20, 2024

Look at the court file. Does it show that you have been served?

0 Answers | Asked in Family Law and Child Custody for Ohio on
Q: If a CPS case plan doesn't specify specific referrals/places for things like parenting classes, can I choose where I go?

For example, "Parent must complete parenting class," is all the case plan states. But let's say the caseworker prefers ABC class, but you go with XYZ class because ABC class has a wait list. Since the case plan is vague, would XYZ class be approved by the judge?

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Opposition reasons, and or codes for denial of attorney costs? Las Vegas , NV

Other party has requested attorney fees to be awarded, and we are not even to trial yet. I have offered multiple times to mediate. They want me to pay for both this case and a different case for mother and father. (Mine is 3rd party.) I do not have income, as I have just been released from workers... View More

Jennifer Setters
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answered on Nov 20, 2024

Parties commonly seek attorney fees and costs; this does NOT however guarantee the award. The judges have discretion to award or deny said requests and unless you act in "bad faith," or you earn much more than your spouse, most judges defer the request until trial. At trial, the judge... View More

0 Answers | Asked in Child Custody for Pennsylvania on
Q: Do I have the right to deny him custody for Thanksgiving and the weekend to allow the children to stay local?

My ex-husband moved out of state in August, and we currently have 50/50 custody. He now visits every other weekend or so for day visits, and the children return to my house to stay. I have them full-time and have applied for primary custody. A master agreed the custody document should be adjusted... View More

0 Answers | Asked in Child Custody for Texas on
Q: Non-cust parent refuses to keep the kids overnight, even though he has standard visitation.. what are my legal options?

The NC parent claims he became homeless, so he stopped keeping our kids overnight during his weekend visits. He picks them up in the morning, then brings them back the same evening. This has been going on for 6 months. I'm not sure that I believe he's homeless, because he steadily works... View More

1 Answer | Asked in Child Custody for Tennessee on
Q: Can someone who has only temp custody go against a court order?
Anthony M. Avery
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answered on Nov 18, 2024

Yes, happens all the time. An interested party can ask for contempt or custody of the child.

2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: How does father of a child, who didn’t sign the birth certificate, establish paternity even though it’s been 5 years?

The mother has been elusive and blocked the fathers every attempt to pay child support, see the child, and the father lives In California while the mother is in Nebraska

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

The statute of limitations to establish paternity in Nebraska is 4 years old. If you have a relationship with the child, you can file outside of the 4 year statute of limitations as the "next friend." For example, if your child lives with you but you never added your name to the birth... View More

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0 Answers | Asked in Family Law and Child Custody for Connecticut on
Q: What are my options? Should I fight for sole legal custody? Can I limit scheduled visits with bio mom until consistent?

I have full physical custody of my daughter (6) and I share legal custody with her mother. Mom has an order for parenting time that is to be "liberal and flexible based on mutual agreement". I was granted physical custody as recommended by the GAL at the time of our divorce (Aug 2023).... View More

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Why didn't I recieve my divorce court date letter in the mail or through any other way such as via e mail?

I was able to get served with the divorce papers at my parents house, but I wasn't able to recieve a letter stating my divorce court date?

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

The letter stating your court date should have been sent to the address in your written answer that you filed with the court. If you did not file a written answer with the court, you waived your right to notice of your court date.

1 Answer | Asked in Child Custody for Texas on
Q: The NC parent refuses to keep the kids overnight, even though he has standard visitation.. what are my legal options?

The NC parent claims he became homeless, so he stopped keeping our kids overnight during his weekend visits. He picks them up in the morning, then brings them back the same evening. This has been going on for 6 months. I'm not sure that I believe he's homeless, because he steadily works... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You can file a motion to modify with the court. Most likely the best solution under your circumstances is to modify both the possession schedule and the amount of child support in an attempt to get more child support to pay someone to watch your kids during "his weekends" so you can... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My daughter's father won't let me have her and every attempt he avoids the custody agreement. Motion filed against him

FIled motion for a hearing and his hired attorney trying to get transferred and delay everything from not agreeing on dates available in my county

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Talk to your attorney about whether you filed in the correct county. Normally, if the child resided in the county where you filed for the preceding 90-days, you filed in the correct county. Otherwise, a transfer to that county would seem to be the correct procedure. If a transfer is appropriate,... View More

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: 13yo daughter desperately wants us to have full custody of her and get away from her train wreck of a mother.

Her mother is somewhat unstable and likely bi-polar (opinion) but our oldest daughter left her at 16 and never went back and now our youngest, 13, begs us to not make her go to her house. We have shared custody, half the week with us and half the week with her mother. Her mother has been caught... View More

Richard Sternberg
Richard Sternberg
answered on Nov 18, 2024

I’m not sure what you are asking, but it is obvious that you need to consult with a lawyer who covers child custody and family issues. Seek a lawyer who practices in your judicial circuit.

1 Answer | Asked in Child Custody and Family Law for California on
Q: DOES A FAMILIAL LEGAL GUARDIAN HAVE ANY SAY IN A PETITION FOR VISITATION?

I have been the legal guardian of my grandson, now nine since 2017 when he was two. Once in 2017 an unfamiliar alleged grandmother on the incarcerated alleged fathers side petitioned for visitation. This request was denied. I had submitted a declaration in protest as there was no prior relationship... View More

James L. Arrasmith
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answered on Nov 18, 2024

As the legal guardian, you have significant rights and can potentially challenge this visitation order, especially given the circumstances under which it was granted and your reference to Troxel v Granville, which upholds parents' and guardians' rights to make decisions about their... View More

1 Answer | Asked in Family Law, Child Custody and Landlord - Tenant for California on
Q: Is there any to get my ex girlfriend to leave legally from my mother's home/property?

My ex-girlfriend and I split up recently about 7 months ago. We have a 2 year old daughter. My ex still lives with me and split the rent 50/50. She has recently started antagonizing me more and more. She told me a couple of days ago if she could get my opinion on something and proceeded to ask me... View More

James L. Arrasmith
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answered on Nov 18, 2024

Your situation involves both landlord-tenant law and family law due to your child, making it complex but not impossible to resolve.

Since your ex-girlfriend has established residency by living there and paying rent, she has tenant rights even without formal paperwork, meaning you cannot...
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0 Answers | Asked in Child Custody for Kentucky on
Q: Will I be able to regain 50/50 custody after suicide attempt?

In Oct. I had a mental break due to my husband springing a divorce, moving out, and admitting to me he had a girlfriend all in one weeks time. He then began tormenting me daily and threatening to take the kids away. Due to the mental break I attempted suicide, survived, and was diagnosed with an... View More

0 Answers | Asked in Child Custody and Child Support for Missouri on
Q: My son’s sex offender father is getting out prison and wants custody. I do not want this. What should I do?

My son’s father is getting out of prison in January of 2025. In 2017 he was convicted of 2nd Degree Sodomy and will be a Tier 3 sex offender (victims were 14 and 13 females). He is intent on getting some type of custody of his son. I am not comfortable with this. We have had no previous custody... View More

0 Answers | Asked in Child Custody and Child Support for Indiana on
Q: Can i sue cps for falsely identifying me as a sexual abuser?

Cps accused me of committing sexual abuse on my child when my child was not in my care nor in my custody I've had 4 cps cases opened on me and my ex I've never seen nor been told of this "sexual abuse until this case it randomly popped up saying it had happened in 2022. In 2022 I... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: The father of my wife’s kids does not reimburse for medical expenses etc as set forth in the parenting plan.

He also takes them out of the state of Florida without notifying her of where they’re going, length of visit, etc..She is the majority parent but be always skirts the rules. What can be done about this?

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 18, 2024

Your remedy is to return to court on a motion for enforcement and contempt. Unfortunately it is hard to prove these issues and there is not much that the court can do other than reprimand the violating parent. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My son went to my mother in MI temporarily while I was incarcerated. I still have full custody. What are my rights?

My son went temporarily to MI while I was incarcerated. I still have full custody. I am doing well and would like my son to be with me again. I believe my son has been turned against me while I was gone. My mother is elderly and in very poor health, My stepfather has Alzheimer’s. So my son is... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 18, 2024

You need to start with the last court order regarding your child. What does it say about who cares for the child while you were incarcerated. You can then return to the court that issued that order to ask to get your child back. Generally, children do not get to choose who they live with. Speak... View More

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