Get free answers to your Child Custody legal questions from lawyers in your area.
I have residential custody of him. Can I get his father for parental kidnapping
His mother and is going thru a divorce. He also is so far back on child support that there is an intent to revoke his license. My son wants to live with him because we enforce rules and consequences that he doesn’t like. I have shared parental rights and responsibilities and primary residence.... View More
answered on Dec 19, 2023
In Maine, child custody and support matters are typically determined based on the best interests of the child. If your 12-year-old son expresses a desire to live with his adopted father, it may influence custody arrangements, but other factors will also be considered. Your ex's current... View More
answered on Jul 11, 2023
Yes, two parents can still be together even if their baby has been removed by the Department of Health and Human Services (DHHS). The removal of a child by DHHS does not necessarily dictate the relationship status of the parents. However, it's important to address the reasons for the... View More
She been living primarily with her mother and her husband. The mother and husband have threatened her physically repeatedly. She does not feel safe and does not want to return there
answered on Jul 20, 2022
Without delay, you should call Child Protective Services at 1-800-452-1999.
Then, you should go to your local District Court and file for a Protection from Abuse Order on the teen's behalf. The filing fee is free; you can file it for free on the child's behalf. For more... View More
I want to ask for weekdays during school w/ dad having weekends, all minor holidays and school breaks with odd/even year split major holidays. Dad having them during the week during summer.
I am trying to keep it so the dad still has as close to 50/50 as possible but I have them during... View More
answered on Jul 4, 2022
if things are as you say i would think your chances would be very good. i would consider contacting child protective at dhhs if the kids are not going to school.
I have my child every weekend and 1 week a month, my ex wife decided out of the blue that she now wants it one week on one week off so she gets weekends too. I work out of state during the week and take one week off every month. If this change goes through I will have to leave my job of 15 years.... View More
answered on Sep 2, 2021
in my experience a judge would be unlikely to do this. if you say that you cannot take the child during the week the judge will not order you to lose your job. However the judge might very well order that mom gets some weekend time so you would have to decide if you want to ask for time during the... View More
We have been trying to co-parent for three years and in that time the condition of his home has been unfit for the children. I have informed him several times to fix issues for the children and he tells me they are but they are not fixed. Told him if not fixed we would go to court. Here we are and... View More
answered on Feb 8, 2021
What you really need here is for the court to appoint a guardian ad litem who can go visit both homes and speak with the kids and report back to the court. These usually cost money but sometimes the court can find someone to do it for nothing if you both cannot afford one. it is pretty impossible... View More
Other parent has been around there whole life but his living conditions are why we are in court after warning him several times to improve them or we're going to court. But I am the bad parent for keeping them from him for 3 months until we went to court? Their 8 and 9.
answered on Feb 6, 2021
in most Maine courts during covid hearings are conducted via the zoom video conferencing platform. Preliminary motions and conferences are being done by telephone conferences. At some point your case will have a pretrial conference and you will tell the judge or magistrate how many witnesses you... View More
She lives in Maine with my ex mother in law. Shes lived with her for 11 years, but has no biological relation. All of my daughters family is in Illinois and she wants to be with them. Her guardian will not let her move back or even visit. What can she do? Does she have any rights or say in where... View More
answered on Apr 16, 2020
your question raises several questions. When you say move back with bio family what does that mean? Her parents or a parent? When you say she has a guardian was this done in probate court in Maine? if so then a parent or some other family member could file a petition to terminate the guardianship.... View More
answered on Jul 18, 2019
Greetings from a steamy afternoon. File a Motion to Terminate Guardianship in the Probate Court that granted the Guardianship.
in 2011 i signed our family home to my now ex husband in divorce court. i have done no other paperwork. the house is on my family land. what are my legal rights to the land at this time.? who can i talk with and how do i move forward?
answered on Apr 24, 2019
My partner, Cecilia Guecia, would be happy to speak with you about this. Her number is (207) 846-6111.
Thank you and best,
Fred
We made an agreement 3 years ago that if I moved to Maine my son's father only had to pay me $20 a week in child support. We have lived in Maine now for 3 years and $20 a week is nothing and I pay for everything. Can I bring him to court for a child support increase in Maine now, or am I stuck... View More
answered on Nov 26, 2018
The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to... View More
DHHS became involved due to my bf's criminal record. He has nothing against children. My son is 11 has been with me all his life. I gave his dad sole R&R so DHHS would leave. My son refuses to live with his dad. He wants to runaway and has become really depressed. What repracations am I... View More
answered on Apr 9, 2018
you can file a motion to modify the order giving the father sole parental rights to change the contact provisions and primary residence etc. you will have to show something has changed since the order giving sole rights to dad. That would be your son's reaction to living with his dad. Of... View More
I am almost 16 and possibly pregnant. I know emancipation is an option but I want the process to be as fast as possible my parents will do everything in their power to keep me away from the father of my child which is not what I want. So I would like to move out when I turn 16 can I just leave and... View More
answered on Apr 3, 2018
That depends on your age and maturity.
If you are 10, then yes, police will apply pressure for you to go home. And they'll call DHHS.
If you are 17, different story.
You can apply for emancipation and the court will give you a court-appointed lawyer assuming you have... View More
answered on Apr 3, 2018
Very very very rarely. In 20 years, I've never seen it apply. They would literally have to be wildly rich.
Current schedule
Every other weekend and every other Tuesday night.
He can no longer pick up our child on the Tuesdays and wants to now have her.
Every other weekend and every other Friday night. He would have her every weekend at this point and not allow for me to have her... View More
answered on Apr 3, 2018
Simple answer - the Court Order controls.
That said, my #1 rule in family cases is "be nice". If you can accommodate a different schedule it is the moral thing to do. If the other party is being entirely unreasonable, then you don't have any obligation to accommodate them.... View More
The dog is a puppy and my wife provoked the dog trying to take away something he shouldn't have had and that is the only time the dog bites if we yell at him and try to take away the object he's not allowed to have
answered on Dec 18, 2017
As always, if you have court-ordered rights to visitation and your co-parent is getting in the way of that happening, you can simply take her back to court on a motion to enforce or a motion for contempt. If this is a persistent thing, or part of a larger co-parenting problem, you may wish to... View More
My son's biological father hasn't see him in 5 years and I am now married with another child. My husband is enlisted and we are being stationed in Washington state. My son's father is willing to sign the paperwork.
answered on Nov 2, 2017
Hello.
Assuming that the shared custody order was a Maine order, you and your child's father should be able to file a stipulated motion to modify that order to reflect your desired change to sole parental rights and responsibilities. It is important to provide the court with a draft... View More
answered on Jun 28, 2017
Congratulations to you!
When your baby is born, you will be the legal guardian of your baby.
Do your best and have fun!
- Joe
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.