Get free answers to your Child Custody legal questions from lawyers in your area.
The mother of my son name is Cassandra, she has 2 children David is her oldest son he is 6 now. The child we have together is 2 years old now, His name is Liam. Cassandra and I was in the room talking December 2018, with the door open and David was In the living room playing with his toys. He never... View More 
answered on Aug 21, 2021
It's unnecessary an inappropriate to mention full names on a public forum like that. But it sounds like you may need to file a motion with the court where the mother and children live. Since you are the father to only the two year old, that's the only child the court can consider.... View More
I have kind of a complicated situation. My dad asked me to pick up my sister for him from my mom's house. My mom is not a fan of me or my dad. Her and her husband came out and started screaming at me that I was not welcome and to get off their driveway while leaning into my car. I asked if I... View More
answered on Aug 21, 2021
Likely, they were blowing smoke. But in the future, you need to tell your dad that unless he is able to get an agreement or a court order authorizing you to pick up your sister from mom for parenting time, he needs to do it. Obviously it's a volatile situation, and you shouldn't be placed... View More
I had voluntarily signed my rights off of my 4 children back in March 2021 after fighting with DHS for 2 years. I'm now pregnant, due December 2021), and married a different guy (not my other kids dad) and was unsure of if I'm able to keep this baby after he is born? I wasn't sure of... View More
answered on Aug 8, 2021
You can. But expect CPS to pay you a visit at the hospital or soon thereafter. There are some advantages to you in this situation because you voluntarily terminated. And that you have a different partner and apparently made some strides in your life further increases the likelihood that you can... View More
My fiance has suddenly took off with the kids and has been gone without contact with me for 24 hours the last thing she said was that she was at her parents and that they're safe how long should I wait until I get a temporary restraining order to get my kids back.
answered on Aug 5, 2021
You may be looking at an ex parte motion situation, which by its nature should be done sooner rather than later.
Family related adoption but biological mother parental rights were terminated.
answered on Jul 16, 2021
I'm not sure there would be any penalties. Typically, an adoption from a termination case ends that court's involvement and vests full parental rights on the adopting person. They are then free to pass on that authority in any legal way - common examples would be through a parental power... View More
court-ordered to stay in the county unless other parent okays it
we both have legal and joint custody
parenting time is currently not court specified as we live together but don't couple.
answered on Jul 7, 2021
You will likely need to file a motion with the court if there is no agreement. If the child is in school, the staying parent will likely be granted primary physical custody.
I am a 23 year old EMT and she is a 39 year old ER nurse. Despite my effort she will not confirm with me if she is pregnant. She only tells me that she is “handling it”.
answered on Jun 24, 2021
Why do you think she is pregnant? And if she is, why do you think it's by you? There is a process to establish paternity before birth, but you'd need a whole lot more than a feeling she is pregnant. And she would otherwise be able to "handle it" as she sees fit anyway.
answered on Jun 21, 2021
No; child support and parenting time are different. You don't get or be denied parenting time due to child support obligations.
I have a case where 2 first cousins faked a wedding, represented themselves as husband and wife, this also included to CPS and the family court in Michigan. Years later they obtained a marriage license from Virginia and now are promoting that no laws were violated since they did not legally marry... View More
answered on Jun 21, 2021
Not sure what you're looking for. Marriage is a civil matter; if the marriage is invalid under Michigan law - which you are right, marriage between first cousins would be - then it would be voidable, not illegal in the criminal sense. And generally, Michigan will recognize a marriage made in... View More
He is battling mental health issues and knows the only way to hurt me is to take my son. I am worried for him to be alone with my son. He does not help financially at all and uses it to threaten me to give him my son if I need help.
answered on Jun 9, 2021
Yes, you need a lawyer, especially if you are seeking full custody, and on an emergency basis at that. It is unclear by your question which of you is the alleged perpetrator.
My boyfriend and the mother of his child were never married and have always worked out visitation between themselves and he gives her money as he can. Lately she has been denying visitation and not allowing his daughter around our other children. We want to file and get a set legal visitation... View More
answered on Jun 4, 2021
Your boyfriend should really talk with a family law attorney beforehand. An unstated issue in all this will be whether any birth expenses were paid by the state. If so, that could generate a significant amount owed. Otherwise, your boyfriend's first cause of action would be to establish... View More
With the other adult they share a home with. Have a drug screen that's positive. How do I keep both children safe.
answered on Jun 1, 2021
You may need to consider filing an ex parte order or other motion with the court.
Mom died left everything to her two daughters and one daughter had her children legally taken away . That daughter died ..Does her children still have rights In the WILL because it says if daughter is not alive it goes to her children ..but for the record the WILL was wrote in 1999 before her... View More
answered on May 26, 2021
Do you know whether the daughter's parental rights were terminated or if she just did not have legal custody? If her rights were terminated, then no, her kids would not inherit from your mom as termination of parental rights severs kinship; if the daughter just lost legal custody (e.g. the... View More
I have a parenting schedule written out ready to send to the other parent. I just want to know if I have to have the approval of the other parent or court before I move.
answered on May 26, 2021
If you want your parenting schedule entered as an order, you'll need to file the appropriate motion with the court or get an agreement signed by the other parent and entered.
My Gauthier has serious medical issues and her father smokes around her and almost put her in the hospital for it, she refuses to go with him, even has gotten on the phone with him telling him why she's not going, he keeps putting in harms way, she cries and fights to go every time its his... View More
answered on May 24, 2021
Is there a parenting time order? You can make a motion to the court about this.
answered on May 24, 2021
If you've already entered a plea at the adjudication, then you'll need to work with your attorney about possible appeal options. But generally, you cannot just change your mind (and your plea).
I have an 18 week old baby on the way. I want nothing to do with it and I don’t want to establish any paternity rights. Can she take me to court after the baby is born for child support?
answered on May 18, 2021
Yes. And if the state funds any of the birth expenses, expect them to come after you.
My son is about to turn 11 and they have never met. I tried when my son was younger and bio dad never wanted to he does pay child support and we are a 2 state case. I haven't had any contact with him in 7 years untill today when he messaged me says he's taking me to court. I'm scared... View More
answered on May 17, 2021
Contrary to some opinion, judges are not mindless or impractical. Most every family court judge has seen this sort of scenario before. The dad will get some parenting time if he asks for it, and so long as he is appropriate with it. No, the court will not just send your son off on a plane or in a... View More
The children have been with me there hole life so has my daughter they won't let me speak so the judge has no ideal that I have raised them .please help my daughter has mental health issues any substance abuse
answered on May 10, 2021
What about the father? Depending on what's going on, you could try to pursue a guardianship. But if there is an available father, and custody is not appropriate with mom (your daughter), the father will take priority over you. It doesn't matter if you raised the kids; the court will first... 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.
