Get free answers to your Child Custody legal questions from lawyers in your area.
My daughter is with her dads mom. She adoted her and she wont let me see her. I want to be apart of my daughters life. I would give anything to be apart of her life again. This is killing me inside. Please if there is anything i can do let me know. Thank you for your time. And god bless.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2018
The adoptive parent has exactly the same rights as a parent. As the biological parent, you have no more rights than any unrelated person. Your best bet is to work with the adoptive parent, so that she will voluntarily allow you to have visits. If that's not possible, you may have no... View More 
I've been in a very abusive marriage for 27 years with several dv convention on me. He is currently on probation for one
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2018
Once you've filed and a divorce case is pending, you usually need to get a written agreement from the other parent or court permission to leave the state. You should check the details of the standard order that is issued at the time the Complaint is filed. Different courts may have... View More
And he has been on child support for years and has never been present ever not even a birthday or holiday and barely any phone calls made. Is it possible he can take them away from me?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2018
If you have a custody order, then his rights are defined by that. If you have never gotten a custody order from the court, then you both have equal rights. In that case, you should file a Custody Complaint in court, and get the court to determine what is appropriate. If the father has not had... View More
The mother didnt show up to custody hearing on her younger child and father was granted custody. When he came to pick up the other child from mother mother was combative amd resulted in her arrest. Now she is threatening to come and take the older child(11) from my home. Mother is unemployed, has... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2017
If the mother is pressing her rights, you will have difficulty opposing her unless you get a court order granting you custody. In the mean time, you can enlist the help of the father, who presumably got custody at the hearing you referenced. He could give you a power of attorney for the older... View More
I want to know how can I keep her with me permanently. She doesn’t like going over to the other persons house. She fights me because she hates it there. I just need help. The adoptive parent has never given me a dime for this child.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2017
The only permanent solution to this problem is adoption. That is something you would probably need legal help with, particularly if the legal parents are't cooperative. It is possible to do an adoption even if the legal parents aren't on board, but it might require a trial, which can... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2017
Yes. Any blood relative would have priority over an unrelated foster home. Your mother needs to contact OCS and request placement. They should place with her as long as she has a clean record. If they don't, she can ask the court to order it, and OCS would have to explain why she's... View More
They took my rights can i fight to get them back wo i can have my baby back
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2017
If you haven't already, contact OCS immediately. Ask them for your child. If they say no, ask for a copy of the Petition they have filed with the court. Take the Petition to the courthouse, and go to the Children's office in the basement. Show them the case number and ask for the... View More
Not only did he move but he wuit his job taking a lower pay job and cancelled his Christmas visit.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2017
When you say non-custodial, it sounds as if you have primary custody (70% or more custody time). In that case, the other parent's visitation percentage does not change the support calculation (it's the same between 70 and 100% of the time). If the other parent wants the child support... View More
I work with my daughter's mother regarding visitation, but there is no visitation agreement actually filed with the courts.
Just inquiring whether or not I need file anything if I have full physical custody of my child (shared legal) if I can relocate (out-of-state) with no further... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2017
There is quite a bit of grey area in the answer to your question. The best practice is to work out your agreement and then submit it to the court to get an updated custody order. You may want to run the agreement by a lawyer before signing if you have any questions, and to help you put it into... View More
My boyfriend took our daughter to Alaska to "visit" and is refusing to come back to Idaho. We do not have a custody agreement, what can I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2017
Of course, you should first do everything you can to reach an agreement. You can't just assume that he has to come back. If you're not going to live in the same state, then you'll need to find a way to share custody. Neither of you gets to just keep your daughter. If you... View More
The old custody agreement had split custody and talked about the details regarding pfd’s, taxes, sharing of address, daycare names, that sort of stuff. The new order gives me full legal custody and him supervised visits 3x a month in a public place for 4 hours each time. It does not discuss... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2017
Normally a modification order only affects the things it addresses, such as the custody schedule. If it doesn't include a new provision for PFD's etc, then the provision of the old order would continue in effect. Most modification orders will state that explicitly, but if the other... View More
I have sole legal custody & primary physical of all 4 kids with my felon ex in another state getting visitation. My son & ex believe that I have lost custody in this scenerio & that I cant put my son into residential treatment or theraputic foster care (Im not comfortable with him... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2017
Your rights have not been terminated, and your custody order remains in effect. Physical custody may have been temporarily given to the state (though there's a big difference between temporary detention pending trial, and being committed to a facility at the final disposition hearing). The... View More
Would they have to prove that the person is legally their cousin or would ocs just approve it if their a safe home and want the children
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2017
OCS is supposed to give preference to blood relatives. There's a streamlined licensing process for relatives. However, someone who already has a relationship with the kids should also get preference (this isn't a statutory right, but it just makes sense.) OCS is short on foster... View More
My daughter is 14, and visitation with her father is out of state, whenever he and I agree to. Since I have sole legal and physical custody am I able to designate in a will where she will live if something happens to me, or will sole custody automatically be awarded to her father?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2017
The custody order only divides up parental rights between the two of you. If either parent dies, that division is no longer relevant. The surviving parent would have priority over any other person unless a court determines otherwise. That determination would have to be done based on the... View More
My ex has a drug problem and has been in and out of rehab multiple times. She has lost her government assistance and has no job to my knowledge. My 2 year daughter is picking up bad habits because my ex smokes weed, cigarettes, and possible other substances in front of her. My ex also has... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2017
If you already have a custody order, file a Motion to Modify Custody. If you don't have a custody order yet, file a Complaint for Custody. The court system has forms online for this purpose. DR-411 is the Complaint, and DR-700 is the Motion to Modify.
It wouldn't hurt to talk to... View More
I have custody of her but her father and I agreed to let her move to Washington with him. now she has run away and wants to come back. what are my rights as her parent and if I picked her up or flew her home would there be any legal actions he could take against me?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2017
If you have custody under a court order, there would be little risk for you to fly her home. The important thing is to keep the father in the loop. Just keep your daughter safe and work together with her father. If you can't do both, err on the side of keeping your daughter safe. Just... View More
I had no intent to keep our daughter from her, and she knew that. But, when i let her take her for a walk the day after, she didnt come back. She took off and his from me and now is in another city. She filed for custody and child support. Is this legal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2017
Yes, it is completely legal. Until you get a custody order, you both have equal custodial rights. Hiding from you isn't a good thing, but since she filed for custody, you now have her address and a forum for determining how to arrange custody between the two of you. If you ask for it, the... View More
My mom and I take care of my sisters children who have been placed with us for a while now under her foster care license. Someone told me that if a parent has had their rights terminated, that they can not adopt a child. I was just wondering if this is true.
answered on Apr 20, 2017
No. The court would look into the reason for the TPR, but it would be a case-by-case determination.
I found a couple of Alaska Family Law Attorneys that offer full representations and unbundling services.
Can I hire a attorney for unbundling services to file motions, then hire that same attorney later to fully represent me in court?
If I hire a unbundling service attorney and I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2017
Yes, both those things are possible. That is, they are not prohibited by any ethics rules, etc. However, you would need to ask the particular lawyer whether he/she is willing to move from unbundled assistance to full representation and a court appearance. Some are and some aren't. You... View More
I am the primary custodial parent in Alaska and my Ex-wife lives out of state. She has summer visitations. She has a history of custodial interference and demestic violence. The last time we went to court I received new paperwork added to our parenting plan. The new modification added that my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2017
Sounds like you have two issues which can be separated. If you think your ex-wife's home is unsafe, and can find enough solid evidence to back up your concern, then you may want to file a Motion to Modify your custody order.
Her failure to buy tickets and to give you her new address... 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.
