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, Divorce and Family Law for Florida on
Q: What do you do when an absent parent, who has been absent the childs whole life starts calling & requesting a call back?

Child is 9. Father lives out of state & has not been involved since birth. He is on birth certificate & is court ordered to pay child support from other state. He was told that anything to do with custody or visitation would be FL courts. He never filed for anything. He's accused me of... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2024

It sounds legally like you are in control. Offer him the terms that you want and if he does not like it then he can go to court. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: What can I sue for, baby father was deceitful rendering me now homeless while pregnant during dangerous situation

Pregnant & suffering from syncope & HG; daily life is sufferable & becoming hard to care for myself as weak. My baby father tried to force me into an abortion, in which I refused. He came around with another deceitful plan instead, saying he wants the baby & made promises to support... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2024

I'm truly sorry you're facing this difficult situation. You may have grounds to take legal action for emotional distress, financial support, and any damages caused by his actions that left you homeless while pregnant. His attempts to coerce you into an abortion and subsequent abandonment... View More

1 Answer | Asked in Adoption, Child Custody, Family Law and Legal Malpractice for California on
Q: If a notice and citation to parent legal if the details are incorrect?

Notice and citation to parent for appearance at hearing Welfare& Institution code §366.26 and §366.23 Superior Court of California county of Fresno juvenile court if the details in the notice is incorrectly such as the date of birth of the minor and the minors name isn't correct and 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 Oct 23, 2024

If you've received a notice and citation with incorrect details such as the minor's name, date of birth, or a parent's name, it's important to address these errors promptly. Inaccurate information can potentially affect the legality of the notice and the proceedings that follow.... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I would like to know what a judge can to do if my ex-husband has gone against court order and withheld my daughter.

I have custody he has withheld her for 80 days

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

You need to get a lawyer and file a writ, If you do not do something fast he will argue that you voluntary let hm have the child.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I am wanting to know what will happen to my ex husband after withholding our 15 year old daughter from me for 80 days

I have custody of my daughter; she is 15 and "wanted" to live with her dad. They drink alcohol and smoke weed and he encourages a very inappropriate lifestyle for her. She has missed more than 8 days of school already. She won't talk to me now. I want to ensure a judge will hold him accountable.

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

Assuming that you did not agree to allow your daughter to live with her dad and have filed a motion to enforce your custody rights, it is likely that the judge will hold your ex-husband accountable and grant your motion to enforce.

2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: Divorce with a minor child that a family member gave us custody of, what do we need to do to ensure I will have rights?

I am filing for divorce, however, my soon-to-be ex and I have a minor child that a family member gave us custody of when she was 2 weeks old. What do I need to do to ensure I keep my parental rights? As my ex said she is going to be filing papers that give her all parental rights, basically... View More

Martha Bronson
Martha Bronson
answered on Oct 22, 2024

Greeetings and so sorry to read of your troubling situation. In order to adequately and specifically respond to your important questions, we would need to know exactly what "papers" are already on file of which order/ grant you and your ex equal and sole parental rights over the child.... View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for New York on
Q: If my daughter’s Mother take her away from me and cuts communication to me what can I do?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 21, 2024

You need to file a petition in Family Court. If there is already a custody order you could file a violation. If there is no order in place you can file for one now. Talk to an attorney.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Dcbs question about our child

Me and my girl has dcbs involved over my depression mistake..if we make it to were she has 100% custody of our daughter what will dcbs do/ can do to me if I'm not in household no more???

Timothy Denison
Timothy Denison
answered on Oct 26, 2024

Most likely even if you do give her 100% custody, they will still require you to complete their regimen before you can have contact with the child. You probably should hire the best family court lawyer you can and deal with it head on once and for all rather than giving her custody and hoping it... View More

1 Answer | Asked in Child Custody, Child Support and Family Law on
Q: My Husband is living in usa on H1B visa i returend to India with my Daughter who is us citizen. My Husband is Not Contac

My Husband is living in usa on H1B visa i returend to India with my Daughter who is us citizen. My Husband is Not Contacting me from 6 Months how should i approach Legally From India

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2024

You can take steps to protect your rights and ensure your child’s well-being. Start by trying to communicate with your husband through all possible channels, such as email or messaging platforms, and keep records of these attempts as they may be useful later.

If he still doesn't...
View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Indiana on
Q: I Was being abused at the time of my son’s birth. He is now 6 and I want dna pushed to get my ex out of our life.help!

Paternity affidavit was filled out but I was threatened to sign it. How can I get this redone.

Elizabeth  Milliken
Elizabeth Milliken
answered on Nov 14, 2024

I need to know more details about your case to be sure, but, if you have good reason to suspect that your ex is not your son's biological father, then you may have a legal basis for asking the Court to rescind the paternity affidavit.

Ind. Code 16-37-2-2.1(r):

Before a...
View More

1 Answer | Asked in Child Custody for Georgia on
Q: Is drug screening a requirement for return of custody if no drugs have been found

The department is asking for everyone in household to do hair follicle's when no one has drug charges nor on probation in order for a 16 year old to return home . Should this be so??

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2024

They have the right to ask for a drug test. If the parents cannot pass a drug screen, then the environment may be deemed unsafe for a child to return home. Usually, marijuana and CBD is not an issue, but testing positive for other drugs will be a problem.

1 Answer | Asked in Child Custody, Family Law and Civil Rights for New Mexico on
Q: I have had my son removed from my custody by cyfd.

I was told I failed to communicate with them. I have messages from the caseworker stating the department failed to contact me and do home checks. For over a month, no communication. They failed to provide necessary steps in helping get housing, phone service. The state when attempted visits were... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2024

I'm really sorry you're going through this difficult time. It's important to reach out to a family law attorney who can help you navigate the legal system and advocate on your behalf. They can assist in correcting any errors in the paperwork and ensure your side of the story is... View More

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If I have full physical custody of my children, what do I need to do to move out of state
John E. Roach
John E. Roach
answered on Oct 18, 2024

This largely depends on two things: whether or not the other parent has court-ordered parenting time, and if so, whether or not the other parent agrees to the move out of state. If the non-moving parent has court ordered parenting time, it is usually required that the parent seeking to move file a... View More

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: How can I protect myself if my opposing party IS city hall?…and friends…?…and family members…?

myself and safely get my children returned to my custody after 3 years of a battle against the court employees and authorities, who ARE running this town, my childrens cases, no due process exists and judges simply don't respond to emergencies modification custody? Not even a personal letter... View More

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

Based on the allegations, it would be in the best interest of the child(ren) that you request the Court to appoint a Guardians ad Litem (GAL) to advocate for the minor child(ren). The Guardians ad Litem will have the ability to review all the evidence and prepare a report and send to the Judge... View More

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: DCSS lawyer wants changes to the MSA. Does she not want me to continue making payments since my ex agreed to forgive arr

1. Section 9.C. - If you could amend to add the following after Exhibit "C"; however, the parties agree for support to be set at $0.00 as Father is not requesting support from Mother for such time period."

1. This is to hopefully avoid any issue with it being interpreted as a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

It appears that the DCSS lawyer is proposing changes to your Marital Settlement Agreement to ensure clarity and compliance with legal standards. By adding language that sets support at $0.00 because you are not requesting support from the mother during a specific time period, it helps prevent any... View More

1 Answer | Asked in Child Custody for Georgia on
Q: What form do I need to file emergency custody
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

There isn't a form for that. I would hire an attorney to represent you so they can file the proper paperwork.

1 Answer | Asked in Child Custody for Michigan on
Q: When should I try to get my child back 50/50 after catching a felony and 2 misdemeanors?

I got caught back in feb with methamphetamine I went to jail for 1 month then to rehab for 3 months since out on bond 2 misdemeanor charges popped up for larceny which I am taking to trail which is not till dec or Jan. I’ve been going to chance for change randomly since the end of June when I... View More

Brent T. Geers
Brent T. Geers
answered on Oct 16, 2024

You'd be best off to wait until all of your criminal matters are complete.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: There was a custody trial 9/27/2024 and still no decision from the Magistrate. What can I do to get a decision?
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024

That's not an unusual amount of time for a custody trial decision. Once it gets closer to a month you can call the court and ask for an update.

1 Answer | Asked in Child Custody and Child Support for Kentucky on
Q: Can I fight a "final agreed judgement"? of volentary signing over sole custody? need hope

I was worried I couldn't afford the CS or drive the 4 hrs one way every other weekend. I didnt think I had options.

Timothy Denison
Timothy Denison
answered on Oct 15, 2024

It will be very difficult. You will have to prove that you didn't understand or didn't know what options were available to you prior to signing the document.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have 50/50 custody and full decision making and full residential for the kids. What things can I say no to

What am I allowed to say no to with out getting in trouble. Do I have to let other parent talk to the children during the week. I let the other parent see children just not when ever the other parent would like. Due to having other plans and children wanting to see other family, is that okay?

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

We frequently get these questions that involve the "construction" of family court orders. The word "construction" means to construe, to analyze an order. We cannot construe this asker's order because we do not see it in its entirety. However, we can take a stab at the... View More

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.