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Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Rhode Island on
Q: Do I have to show for a deposition in rhode island
Albin Moser
Albin Moser answered on May 6, 2021

Probably not. If you are in Dorchester and the case is in Rhode Island then you can't be made to go from Dorchester to testify in Rhode Island. Usually there is a subpoena that is served on you. If it were served upon you in Rhode Island then that's one thing, but if it were served on you... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: I lived with my boyfriend for 3 through 5 months do i have to go back with my mom in kentucky with my unborn baby

If I do go back she going to take everything for me and my baby like money and ECT. Every time I gey money for the government she take and if she keep taking for me I want be able to take care of my baby and me. Need help asap.

Timothy Denison
Timothy Denison answered on May 6, 2021

You do not have to go back. You have emancipated but you will have to handle everything on your own from here on.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: Can I report a tribal judge for not ruling according to their own laws?

Tribal judge has followed laws to rule favorable for native individual in family court, but when the EXACT (and I mean EXACT) situation was reversed and would have been ruled to favor a white person, completely ignored and ruled the other way. Did not follow tribal code for what things to take into... Read more »

Brent T. Geers
Brent T. Geers answered on May 6, 2021

You should speak with an attorney versed in the Indian Child Welfare Act (ICWA) and Michigan Indian Family Preservation Act (MIFPA). Bottom-line up front is that different rules apply with native american children and families.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: I have a support order in Indiana but ex lives in new state of Georgia, how do I know which state she filed in?

I have a support order in place in Indiana, and up to date on support payments. The court also granted parenting time, but the judge said it may be difficult to enforce because the children live Georgia with their mother. Paternity affidavits were completed and signed by both myself and their... Read more »

Troy Tyson
Troy Tyson answered on May 6, 2021

If your support order is out of Indiana, then it likely contains the custody provisions as well. You can check with the court clerk to see if the case is still based in Indiana. You can bring an action in Indiana to enforce your parenting time. However, keep in mind that it may be difficult to... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Could there be repercussions for forgoing make up parenting time? Do I have to have a reason to forgo?

I offered custodial parent an opportunity for additional parenting time, which was accepted. I don’t have an acceptable time in which to schedule the make up time, so I am opting to forgo the two days I lost.

Troy Tyson
Troy Tyson answered on May 6, 2021

If it happens just one time, you're fine. You don't want it to become a pattern, though, because the custodial parent could try to use that behavior against you to suggest you are not interested in using all of your parenting time.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a father still have to pay child support if he signs over his parental rights?

The child support was court ordered through a judge from getting a divorce. Father has no visitation rights, mother has 100% custody of child and father see's child when they want rather than consistently.

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

What you are asking is not something that is done as same is against public policy. The responsibility to pay child support is not tied to the timesharing. There are ways to terminate parental rights and that is something that can be discussed with an attorney to see if this is possible in your... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: can I win if I summit a motion for default?

I went to pre trial on march based on my motion for contempt and modified time sharing that i put in the courts against my son father and the judge told my son father at Pre trial that he have 20 days to respond back to my motion. its been over a month and he have not responded and it was ordered... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

Motions do not typically require responses. However, a responsive motion or an Answer is required in response to a supplemental petition for modification. You may want to see if you can schedule another status conference with the judge. Additionally, if this was a pre-trial conference, there... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for New York on
Q: I am looking for an attorney that can help me fight for my mothers rights.
Tim Akpinar
Tim Akpinar answered on May 5, 2021

Your question remains open for a week and it covers a number of categories. There's no guarantee that all questions are answered here, but if you wanted to narrow your question down a little bit, where you asked a specific legal question about given situation, you might have better chances of... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I’m having a kid, She’s putting her last name instead of mine. Any legal action I can do to change this?
Pete David Louden
Pete David Louden answered on May 5, 2021

If you are not married, she can choose any name that she wants.

If you want to establish any rights to the child you must be proactive and file a paternity action and then the court can enter a custody, visitation, and child support order. You can also address the name issue.

Best of luck!

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: When is the first full week of a month?
Phyllis Shepherd
Phyllis Shepherd answered on May 5, 2021

I have seen child custody decrees that allow the parents to define what the first full week of the month means for purposes of the decree. For example, the parents can agree that the first full week of the month starts with the first Sunday of the month followed by six consecutive days.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My ex gf has an open cps case and has her children taken away, we just had a newborn and I would like to have custody

She has passed wve test drug and completed several plans by the state and they still are harassing her now threatening to take the baby to foster care. What are my rights. I signed the certificate of birth, I go visit every weekend and have no criminal record or anything ever.

Timothy Denison
Timothy Denison answered on May 5, 2021

File a motion in the CPS case for temporary custody of the newborn.

2 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can I get full custody of my son after 2 years no contact from mother

I just filed for divorce from my ex. She was extremely abusive and even stabbed me 2 times. We have been separated 3 years. In the past 2 years I've had my son who just turned 6. His mother has not been in the picture this whole time. The only communication has been 3 emails in total, only 1... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 5, 2021

You appear to have a strong case for the child being with you full time. You can achieve this through the divorce process. The more difficult issue would be to try and terminate the mother's parental rights. This would happen in dependency court and is a prerequisite to anyone else adopting... Read more »

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2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Alabama on
Q: Daughter is 16 and pregnant by her 17yr old boyfriend. His parents are threatening to take the child away from her.

His parents are threatening to take the baby away from her (when the baby is born) if she stops seeing him. He is verbally and emotionally abusive towards her, has exhibited controlling behaviors towards her. She believes they can do this based on what they told her a police friend told them they... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on May 4, 2021

If you wish to discuss this matter off line please feel free to contact me. This type of adult on child abuse makes me very angry and I would rather not air my feelings on this subject here as some may find it offensive. To start with the ages, depending on the birth dates involved, do not... Read more »

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Child is refusing to go with parent, Due to parent being intoxicated and aggressive. Should I file an Emergency order?
Sabra M. Janko
Sabra M. Janko answered on May 4, 2021

It depends on what you mean by aggressive. A emergency restriction requires proving that the parent is endangering the child.

1 Answer | Asked in Child Custody for Georgia on
Q: is there anyway i can find a pro bono lawyer to help me in a custody case, i need help, court date is the 15th, please

this concerns my 5 year old daughter, that my mom has temporary custody of, my soon to be ex wife gave up her rights, but i havent , i dont know where to start and i need serious help, idf i anm ever going to be able to maintain my rights as her father

my name is , i can be reached at or... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 4, 2021

Unfortunately, most attorneys cannot afford to provide pro bono services to the public. You should look into GA Legal Services (website) to see if you qualify for assistance.

1 Answer | Asked in Child Custody, Child Support and Divorce for Kentucky on
Q: If I have a custody/child support agreement in VA, can I file for divorce in KY where live? Separated 6 years.

my wife and I have been separated for 6 years and have 2 daughters. There is a custody agreement and child support agreement based in the Virginia court's. I live in Kentucky now and want to divorce her. Can I file the paperwork in Kentucky without having to redo the custody agreement?

Timothy Denison
Timothy Denison answered on May 4, 2021


2 Answers | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Is it res judicata if a petition for protective order is the same as one 3yrs before?

a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... Read more »

Jessica Brown
Jessica Brown answered on May 3, 2021

You asked a lot of questions that would take quite a bit of time to explain. Putting it simply and reading between the lines some here, I'll say this...

VPOs under the Protection from Domestic Abuse Act in Oklahoma can be filed in the county where the domestic violence happened, where...
Read more »

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1 Answer | Asked in Personal Injury and Child Custody for Connecticut on
Q: Can my ex-husband sue me if our daughter gets hurt on a trampoline at my house?
Bill Beckert
Bill Beckert answered on May 3, 2021

The short answer is yes. But it depends on the condition of the trampoline. For example, if there was safety equipment that was not assembled or connected to it, whether there were problems with the trampoline that you knew of, but nevertheless let her use it.

Now it may be that he is only...
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1 Answer | Asked in Child Custody for Alabama on
Q: I have a 24yr old daughter where I owe arrears, there have been periods where I honored my child support orders but when

I didnt honor them I was incarcerated, in fact I was in prison when I received the order for child support. Unfortunately, I've been to prison 3 different times while she was a minor making it impossible to make payments. I have recently found a job but I'm being garnished because of the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 3, 2021

Your problem is this, past due child support payments are final judgements each month they remain unpaid. A court does not have the power relieve you of that. You may be able to get relief from some of the interest due, but the fact that you didn't pay while in prison does not help. You can... Read more »

3 Answers | Asked in Child Custody and Juvenile Law for Georgia on
Q: What if a minor (16) runs to your home and is from an abusive home seeking safety?

Specifically, mental abuse. A lot of insults, and not allowing the child to have friends or a love life (child is 16). Punishments for unusual things like accidentally making a mess with food.

Regina Irene Edwards
Regina Irene Edwards answered on May 3, 2021

You could expose yourself to being arrested for interference with custody if you take in a minor with permission of the parents. If the child needs help, you can contact authorities in your area who can investigate.

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