Get free answers to your Child Custody legal questions from lawyers in your area.
Hello! My 9 years old refuses to go overnight with her dad every other weekend. Last weekend she went forced by her dad”s attorney intimidating letter. I have to pick her up a 3:30 am she couldn’t sleep, she said she was scare but she doesn’t say of what. When we get home she went to sleep... View More 
answered on Jul 26, 2021
My guess is that you and your husband recently separated and since separating, your husband wants to put in place a parenting time plan and he has enlisted the assistance of a lawyer and they have told you that if you do not cooperate with their efforts to put this plan in place, they will seek... View More
I know the parent has a right to refuse grandparents time, but I also thought legally I can’t discuss extra time out of my court ordered agreement considering my daughters father lives at his mothers house (where parenting time takes place). Plus I don’t trust the mother as she could be asking... View More
answered on Jul 23, 2021
There is no particular "legal" way to decline the request. I would just recommend keeping any communication that you have with her (which you are not required to have in the first place) as short and simple as possible, without any judgmental or confrontational statements.
Prosecutor wants me to plea to 1 year probation, dna submission, mental and substance abuse evaluation, a fine, unable to bear arms or leave state during time of probation. My child’s father lied and was granted TRO giving him immediate temp custody of daughter. Before FRO hearing my child’s... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2021
Unfortunately, you get what you paid for. The simple fact is you had an TRO in place, and violated it. I realize this does seem like a harsh punishment, but no one here knows the facts of your case. I strongly suggest that you find the money one way or another for an experienced criminal defense... View More
answered on Jul 2, 2021
Until you have a new order, the outstanding order is in effect. The jurisdiction of which court would be the right forum to modify your custody order would depend on where you, the mother of the child, and the child presently resides. If you need to update the order or don't know if you need... View More
answered on Jun 10, 2021
If you believe you are the father of the child in question, you can file a case in family court to establish paternity of the child. If the court determines that you are the father of the child, then you would have the legal right to seek parenting time, while you would simultaneously have the... View More
answered on May 19, 2021
If your children are receiving SSD benefits on as a result of your disability, then you are entitled to a seek a credit in the calculation of child support under the child support guidelines - meaning that these benefits are intended to be deducted from your guidelines child support obligation. As... View More
answered on May 11, 2021
I am presuming you are looking to file an FD complaint in the non-dissolution part of the family court part for custody and parenting time and as a pro se, you need to go through the court form to check off all of the applicable boxes and then provide a detailed statement of pertinent information (... View More
I've been in a relationship for 6 years now and he had a nasty divorce/custody battle in the first three years. His ex-wife filed multiple false police reports against me thinking that it would sway the custody verdict but she ultimately lost custody. In one of the reports, she coached her... View More
answered on May 10, 2021
I would contact your local police chief and / or the county prosecutors office and ask for the background search material and the source[s] giving rise to the concerns voiced about you. The less confrontational you are with them, the more likely they will be to provide the information sought (... View More
answered on Apr 28, 2021
Yes you can hire a lawyer. If your case is in family court hire a family lawyer, if your case is in municipal or criminal court I suggest hiring a good criminal lawyer.
I recently received a letter from Child Support giving me a user id and a temporary pin. I am the custodial parent and I didn't request child support. I am the sole person financially responsible for my dependent.
I recently was served with papers regarding custody/visitation. Could... View More
answered on Apr 22, 2021
Yes. Please also make sure that you file your response to the custody / parenting time request promptly if you object to the custody or parenting time sought by your ex. You cannot simply walk into court and tell the court your objection. Under the court rules, you must file a specific written... View More
My kids and their mom are moving out of TN to Georgia and I currently live in NJ. Is the parenting agreement that was made in TN regarding travel and child support still valid in another state?
answered on Mar 2, 2021
Not a simple question since you are telling me that your ex and the children are planning on moving out of Georgia.
If they were staying in Georgia, under the “Uniform Child Custody Jurisdiction and Enforcement Act” (UCCJEA), Georgia would retains control over your children. But if no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2021
That is not the function of a Judge. What you really need to do is to retain an experienced matrimonial attorney to represent you. There is nothing even remotely resembling legal malpractice. Besides, how do you know what a Judge possesses? Even if that is true, that does not mean it is admissible... View More
answered on Feb 5, 2021
1. When was the last time that you saw your child?
2. Is there a court order in existence that acknowledged you as the biological father of the child?
3. If an order is in existence, was it entered by the court in New Jersey or by a court in another state?
4. Do you... View More
I lived with my boyfriend and father of my youngest child until he recently hit me and threw a remote control at my older child’s face (child from a previous relationship). My ex boyfriend has assaulted me on multiple occasions, but has never hit our child. Do I have legal grounds to get custody... View More
answered on Feb 3, 2021
Thank you for your question. In the event you believe you are a victim of domestic violence, I cannot stress the importance of contacting local law enforcement to ensure you address the issue and can obtain the appropriate protection. Regarding custody, it is unclear where the parties or the child... View More
After I remarried my exwife start to withhold my son from me. One year I don’t see my son. She completly stop all communication with my son. Before she took away his phone he texted me that he love me and want to see me so much. What should I do at this case and can I fight in court for sole... View More
answered on Jan 27, 2021
You need to schedule a consultation with a "certified matrimonial trial lawyer by the New Jersey Supreme Court" to discuss what has taken place and how to get your parenting time rights re-established. I dont know if what you filed with the court was filed incorrectly or if there is... View More
We both own homes a couple miles apart. The kids stay with me about half the time. Can she move without my consent?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2021
No! Your ex-wife must make a motion with the Court to do so. However, if you think there is a real danger of this happening, then you need to be proactive and retain an experienced matrimonial attorney to bring an action before the Court, to impound their passports. It always pays to be proactive... View More
Meaning it would now be EXHIBIT A, so do I change all of the other EXHIBITS down one in the alphabet (A becomes B; B to C, etc.), or do I add it in with a new letter (R in this case)?
This is just a simple technical question about how to add in an Exhibit. My Motion date isn't until... View More
answered on Jan 19, 2021
I don't know what issue is being presented to the court, but if your application seeks reexamination of a support provision of the settlement agreement, you also must file your case information statement from the divorce and file a current case information statement. If you are filing an... View More
My ex has broken previous orders and is withholding my daughters from me.
answered on Jan 4, 2021
Oral argument on motion practice is not the time to "cross-examine" the other side. On a typical "motion day" a family part judge has 10 -12 different applications pending before him and at least 8- 10 applications where the parties were not seeking oral argument. The... View More
My ex husband sold his house and is leaving the country am I able to fight for full custody/parenting rights of her until she is 18? According to our court papers he is supposed to take her evey wednesday night (over night) and hasn't done that in 3 years, hes missed other days of taking her,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2020
Although you cannot terminate his parental rights, you can retain an experienced matrimonial attorney to make a motion to make you the primary custodial parent with full decision making authority and seek to have restraints on her leaving the country absent your consent.
I have been dating someone for 18 months. 6 months into our relationship, his soon to be ex-wife, (who had met me and approved of me spending time with her kids and has full custody of them) decided she wanted to be with him again and stopped allowing the visitations she had previously allowed and... View More
answered on Nov 10, 2020
You are not going to like my answer. This is an issue between your boyfriend and his wife as part of their divorce. I have no idea why the wife has decided that she does not want you to be with their children at this point in time but your boyfriend has the right to oppose same and to ask the court... 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.
