Get free answers to your Child Custody legal questions from lawyers in your area.
He does not do the court ordered visitations and rejects any calls from the children. He lives out of state and the judge lowered child support so that he could visit, but he does not visit. Can I go back to court to file a motion for higher child support?
answered on Dec 18, 2017
If there has been a material change in circumstances since the last order was entered, the court will determine if a modification is warranted.
I have joint custody of my son with his mother. He lives primarily with me. She moved to LA 6 months ago and has not used any of her visitation. She wants me to give him to his teenage sister (16) for her Christmas visitation because she is not getting him. Do I have to give him to anyone but her?
answered on Dec 15, 2017
It depends on what your visitation order specifies, but normally visitation in only granted to the parent. A parent can choose to allow others to see the child while the child is in their custody, but unless the order specifies that she can delegate her visitation time to someone else, only the... View More 
answered on Dec 15, 2017
It depends on what the Custody Order says. Does the custody order allow you to move out of state? If not, then the father has the right to ask the Court to enjoin you from moving the child out of state. The court will then have to determine whether it is in the best interests of the child to... View More
answered on Dec 12, 2017
If there has been a material change in circumstances since the last custody order, the court has the option to modify the order if they find it would be in the best interests of the children.
Court order states that I can see them whenever possible seeing that I live in another state & it is a 3hr drive. He has refused me a visitation day that was pre planned because he said the kids needed to change their attitudes before I was allowed to visit & he didn't care about the... View More
answered on Dec 12, 2017
If he continues to deny you visitation you can file a Rule to Show Cause with the court. If the court finds he has been denying you visitation against the order they can enforce the order and hold him in contempt.
My fiance submitted 4 show causes against his ex for various reasons on her not following their court agreement. While waiting for their case to be called, they talked a little and she made a comment about her ex (who she had told their daughter to call daddy) paying her bills even after... View More
answered on Dec 12, 2017
If there has been a material change in circumstances since the last custody order he can file for a modification in custody. For the court to grant an emergency motion, there has to be evidence that there is an emergency (ie: something that could be endangering the child's life, health, or... View More
The children do not want to sleep on couches, floors and in hotels anymore. Their father has the ability to provide making 90K a year. It has been 6 months.
answered on Dec 11, 2017
If the Order was issued by a court in Virginia, and there has been a material change in circumstances, you would be able to request a change in the Visitation order. If he has lost his home/apartment since the Visitation order was entered, it may be a change that the court would consider for... View More
answered on Dec 10, 2017
We as attorneys need more information and background details of the case to better tell you an answer to this question. However, most likely the custody will be granted to the parent the kids reside with and the other parent will get visitation or both will share. If he owes than most-likely you... View More
The custody agreement is technically 50/50 but his father is mostly absent from his life being in and out of jail or drunk. His father will go for months without trying to contact him sometimes and when he does it constantly leads to empty promises and disappointment for my child. His father does... View More
answered on Dec 11, 2017
You have to follow the custody agreement in that you can not withhold your child from his father. If his father is not asking to utilize the visitation he has then you are not withholding the child. If there is a provision in the order that his father has the right to reasonable phone contact... View More
answered on Dec 11, 2017
You will need to file a Petition with the Court stating that he needs a Guardian. You will need documentation from his doctor that he is not able to make informed decisions for himself. The court will appoint a Guardian ad litem to represent your son. If the evidence shows he needs a guardian,... View More
answered on Dec 8, 2017
It depends on what the Custody Order says. If the Order is silent on the issue, and you decide to move, the other joint custodian has the right to file with the court to enjoin you from moving with the child.
I have sole custody of my daughter, my ex has visitation every other weekend. He is about to move out of state, about a 3-4 hour drive away. Would I have a case to change the visitation agreement so she did not have to spend 6-8 hours in a car, every other weekend?
answered on Dec 4, 2017
A move is certainly considered a material change in circumstances. Seek out a local attorney to discuss the facts of your case in more detail.
There is no mother or father in the picture. The mother is deceased and the father is unknown
answered on Dec 4, 2017
Where is the custody hearing scheduled, Florida or Virginia? if it's Virginia, you should ask your question in Justia › Ask a Lawyer › Virginia › Family Law.
what will happen next? i am not going to cancel what i filed. there is a mediation date january 3 he said he might not be here that date.
answered on Dec 4, 2017
You likely already have a status hearing date, which is probably after the January 3 mediation date. If your husband does not show up for the mediation, then when you go to the status hearing if you have not come to any type of agreement, the court will set your case for a trial date at which time... View More
He has lived with them for 8 years. The child is experiencing a lot of problems and the child is now a ward of the state. How easy or hard will it be for him to gain custody of his son? He is 14. The Guardian gained custody without my husband's knowledge. What are the laws on us living in... View More
answered on Dec 3, 2017
There are insufficient facts to determine the likelihood of success. Any lawyer would need to sit down and speak with you all in more detail to determine the likely result. Schedule a consultation with a local lawyer as soon as possible.
answered on Dec 2, 2017
Not without the Court being involved. If there is talk of doing this, immediately consult a local lawyer.
I asked my husband for a divorce and he decided to leave the country and go live with his mother in the Dominican Republic. I don't have a phone number or address. He doesn't send money, but he FaceTimes once every couple weeks to talk to the kids. How can I serve him with... View More
answered on Dec 2, 2017
You may or may not have a grounds for divorce. The first step you need to take is to speak with a local family law attorney in your area. The attorney will have several questions for you before determining what steps you need to begin taking to protect yourself, and what your rights are.
Under false pretenses and invalid claims, mother returned to home of record. I pay child support and she's unemployed. However, she refuses to give address due to the false pretenses and I'm unable to file for visitation in my current state. What are my options for getting access to my... View More
answered on Nov 30, 2017
So are there no orders in place for custody, visitation, or child support? If there is no order in place for custody/visitation, you options depend on how long the child has been living in the state she is now in. If no order, and the child has been living in the new state for 6 months or more,... View More
The order was final 3 months ago in a different county.i have primary physical custody.the child lives with me full time besides her weekend visits with her mom
answered on Nov 27, 2017
The answler to your question depends on several facts that are missing from your fact pattern. Do courts transfer jurisdiction? Yes. Will they always? No. Schedule a consultation with a local lawyer to discuss the specifics of your case in more detail.
Im pregnant with my bf's child. I have temporary full custody of my 2 children because they cannot find my ex. He has been arrested twice in 2 months and has court on 12/08/2017. He will be going to jail on felony charges. My step father and mother had custody of my 2 children from January... View More
answered on Nov 26, 2017
Anything is possible with Virginia custody law. Judges have significant discretion to award any kind of custody and visitation arrangement based upon what is best for the children. In order to get a good idea of what will likely happen in your case, you need to schedule a consultation with a local... View More
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