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Child Custody Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for Minnesota on
Q: after over 4 years of zero contact, can my child’s biological father demand that he sees her?

My daughter is almost 5.

Her father has not been involved besides about two weeks after child support was originally established. He spent a couple hours with her 3 times when she was 6 months old.

We had mediation at that time and we agreed to start out with a couple hours a few... Read more »

Robert Kane
Robert Kane
answered on Jun 9, 2023

Yes, the father can seek parenting time. If you are unable to come to an agreement or choose to dig your heels in a judge will ultimately make the decision. It very unlikely a judge will not grant some parenting time. The judge will weigh numerous factors to decide upon a plan. Reasonable... Read more »

1 Answer | Asked in Domestic Violence, Child Custody and Family Law for Michigan on
Q: After being abused reporting to the police and an arrest is made who is responsible for the children?

Can the abuser dictate where the kids go?

Brent T. Geers
Brent T. Geers
answered on Jun 9, 2023

In all cases where children are involved, whether as victims or witnesses, the police would contact Child Protective Services (CPS). That agency is responsible for the investigation, removal, and possibly placement of children in abusive or neglectful situations.

If a parent is arrested...
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2 Answers | Asked in Criminal Law, Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: 1 of my siblings was living with a girl , she got pregnant when she found out that, they were going separate ways.

Basically because of the pregnancy they stayed living together. But because of arguing & not being able to control other person . By then leaving to cool off & not let anything escalate,They had to basically leave the state ,to stay away from the person who is now trying to get a... Read more »

Robert Kane
Robert Kane
answered on Jun 9, 2023

She won't be able to railroad him once he has an attorney. In order to ensure the best possible outcome, he needs to need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared. A small investment... Read more »

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2 Answers | Asked in Criminal Law, Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: 1 of my siblings was living with a girl , she got pregnant when she found out that, they were going separate ways.

Basically because of the pregnancy they stayed living together. But because of arguing & not being able to control other person . By then leaving to cool off & not let anything escalate,They had to basically leave the state ,to stay away from the person who is now trying to get a... Read more »

James L. Arrasmith
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answered on Jun 9, 2023

It is difficult to say whether or not the woman can retaliate against your sibling. The fact that she is filing for a restraining order and child support does not necessarily mean that she is retaliating. However, the fact that she is doing so after being served with eviction papers does raise some... Read more »

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1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for South Carolina on
Q: does custody need to be established before child support can be set
Megan Hunt Dell
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Megan Hunt Dell
answered on Jun 8, 2023

There is not enough detail in your question to provide a specific answer. The first variable is whether the parents of the child(ren) are married to each other. If the parents are not married to each other, then the mother has sole custody of the child(ren) unless/until there is a court order... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My husband and I have raised my grandson since birth. He is now 4.5 years old. He had occasional visits with my son and

his wife. My son and his wife were separated, and she said she would file for divorce. My son recently died, and his estranged wife took our grandson and said we would not see him again. While caring for him, we never received nor asked for support from his parents. He attended school the 2022-2023... Read more »

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jun 7, 2023

A grandparent who has stood in the position of a parent to a minor child, in loco parentis in Latin, is an appropriate custodian for that child and can be awarded custody and/or visitation of the child. A grandparent is recognized as a "person with a legitimate interest" who can file for... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can DCFS detain a child from legal guardians knowing child has been living with parents for 8 months
James L. Arrasmith
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answered on Jun 7, 2023

DCFS (Department of Children and Family Services) typically has the authority to intervene and potentially remove a child from their legal guardians if they believe the child is in immediate danger or at risk of harm. However, without more specific information about the circumstances, it is... Read more »

3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: How do I go about withdrawing from a temporary child custody order?

CONSENT TEMPORARY ORDER ON PLAINTIFF'S PETITION FOR LEGITIMATION AND CUSTODY OF A MINOR CHILD

Does it have to go in front of the judge? Do I file a motion for this? If so, how?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2023

You can't withdraw from a temporary order. A temporary order is temporary. It is in place until the court can enter a final order. If there is something you want to amend on a final basis, you will need to convey that to the court at your trial or if you and the other party come to an... Read more »

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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Louisiana on
Q: Q: Filed a petition for custody based upon abuse and to establish child support what I’ll be the first step of this case
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2023

If you filed the petition and you had an attorney file it on your behalf, then please speak to your attorney and discuss this. If you filed it without an attorney, then please use the Justia Find a lawyer tab and search for family law/cusody/support lawyers in the parish the petition was... Read more »

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: When filing for parenting time, do I need to serve the other party before filing?
Robert Kane
Robert Kane
answered on Jun 3, 2023

Although additional facts may dictate exactly what you can do, you need to serve the other party.

In order to ensure the best possible schedule, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t...
Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: When the mother is the same but there are two NCPs, NCP1 is the ex-husband & father of the two minor children and NCP2

NCP2 is father of the youngest. The mother has been on welfare continuously 3 years before the birth of NCP2 only child. Both NCPs have current child support orders in County1. When mother moves to county2, only NCP2 gets a default judgment without notice. county2 should have registered the... Read more »

James L. Arrasmith
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answered on Jun 3, 2023

If the mother has moved to County2, then the child support orders from County1 should have been registered in County2. If they were not registered, then County2 did not have jurisdiction to issue a new order. You should contact the clerk of the court in County1 to see if the orders were registered.... Read more »

2 Answers | Asked in Divorce, Child Custody and Child Support for California on
Q: I am divorcing but I need a lawyer, I don't have income other than my husband's, do I have to pay for my lawyer or him?

I've been a housewife in California for 7 years of marriage, but my husband files his income tax jointly with me. We have a 6 year old son. I have had no job at all and live with my husband's income. He wants the divorce but he doesn't want to give me anything, he just wants me to... Read more »

Robert Kane
Robert Kane
answered on Jun 3, 2023

If you can’t afford a lawyer, but your spouse or the other parent can, you can ask the court to order them to pay for you to hire a lawyer. The court can order this in cases when one spouse or parent has more money than the other. You can make this request before you hire a lawyer. If you've... Read more »

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2 Answers | Asked in Divorce, Child Custody and Child Support for California on
Q: I am divorcing but I need a lawyer, I don't have income other than my husband's, do I have to pay for my lawyer or him?

I've been a housewife in California for 7 years of marriage, but my husband files his income tax jointly with me. We have a 6 year old son. I have had no job at all and live with my husband's income. He wants the divorce but he doesn't want to give me anything, he just wants me to... Read more »

James L. Arrasmith
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answered on Jun 3, 2023

The answer to your question depends on a few factors, including the specific terms of your divorce settlement and the laws of the state in which you live. In California, it is generally the responsibility of each spouse to pay for their own legal fees. However, there are some exceptions to this... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can my 18-year-old daughter move to Puerto Rico with her father and then ask me for child support?

My daughter had the choice live here for free and go to school or get a job and pay rent. She decided to be on her own and lived with a family member for almost a year and worked a job. Recently moved to P.R. and is living with her father. Now, she is asking for the child support card and money,... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 2, 2023

Question 1: Is there a current child support order in place? If no, then you have no financial obligation at all. Legally child support can only be pursued by the parents so your child has no legal standing to request child support from you. Finally, if your child is 18 then she is emancipated and... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex & I have 50/50 custody & he recently moved 1700 miles away. He can not meet his 50% timeshare. what should I do?

Everything has been out of CA. He now lives in WI. Our son is almost 15 years old. My ex- is only asking for 2 weeks of visitation per year, which I agreed to. This would make me the primary caregiver. We have written up terms and my ex won't sign anything. The kicker is he just bought my son... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

If your ex-husband has moved out of state without your consent, he may have violated the terms of your custody agreement. This could potentially void his 50% custody, but it's important to consult with an attorney to get specific advice about your situation.

In California, the law...
Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: How do I go about getting a divorce and filing for full custody against my husband who is in prison for abusing me?

Do I need to file for divorce first then full custody’s or vice versa? Can I do both at the same time? How much does it cost?

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

In a typical divorce case where the spouses have children, the suit affecting the parent-child relationship (custody, etc.) is resolved in the same action at the same time as the issues involving the divorce and division of the spouse's marital estate.

In a situation where one spouse...
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1 Answer | Asked in Divorce, Child Custody and Child Support for California on
Q: What preparations are needed to file for a divorce?

The first time filing, mother of three ( 1 stepdaughter). work is a difficult subject to discuss right now, but was working 5-10 hours per week in administrative work for my husband's business ( although he stopped paying me two weeks ago now ). Previous to that, was a clinical research... Read more »

James L. Arrasmith
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answered on May 31, 2023

Here are some of the preparations you need to make to file for a divorce in California:

*Gather your financial information. This includes your income, expenses, assets, and debts. You can use a divorce financial worksheet to help you organize this information.

*Gather your...
Read more »

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Florida on
Q: Can I hire a lawyer in FL when I live out of state? We have a minor together am I able to take my child out of state?

Can I take my child out of state, if a restraining order is on me from my soon to be ex wife? I haven’t seen my child in a couple of months.

Todd B. Kotler
Todd B. Kotler
answered on May 31, 2023

You may hire a lawyer in one state, even if you live in another. You really should since you appear to be subject to a restraining order which may be controlling over your parenting rights until you can get an order more specifically setting out those rights. The specific language of the... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Is there a form for “In Loco Parentis” to care for a friend’ds child while he’s away?

I’ve been asked by the parent of a 14-year-old boy if he can stay with me for 9 months while his job requires him to be out of the country. The boy is best friends with my own son of the same age and he wants to stay in his familiar high school with his friends. But I want to be covered legally... Read more »

James L. Arrasmith
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answered on May 29, 2023

While I can provide general information, it's important to consult with a qualified legal professional for specific advice regarding your situation. In cases where a child is temporarily residing with someone who is not their legal parent or guardian, it can be beneficial to establish a legal... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Can my ex-spouse re-request child support in PR after my child turns 18 - IF our custody order was created in a US state

We had a child custody order, and I maintain jursidiction in my state. She moved to PR with child. Based on my state, child support will end at 18. After it's completed, can she in turn file for child support in PR upon my child turning 18 as a new child support case?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 29, 2023

First off, she must reside in Puerto Rico with your child for a year, in order to demostrate residence. Once Puerto Rico is the state of residence, adulthood is achieved upon reaching 21. So long as you pay child support, you can present the case to the court or to ASUME (the Administration for... Read more »

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