Child Custody Questions & Answers by State

Child Custody Questions & Answers

Q: can a girls mom still make her move out if shes 20 in the state of ohio and the mom lives in Illinois?

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Answered on Aug 25, 2016

She is 20 years old and thus an adult. Her mom can't make her do anything, but could withdraw any support she is providing.
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Q: Does the 2 year moratorium for parenting time apply to a modification to the original order?

1 Answer | Asked in Divorce and Child Custody for Illinois on
Answered on Aug 25, 2016

Unless there is specific language to the contrary in your Joint Parenting Agreement, your ex must prove that a substantial change of circumstance has occurred if he wants to change the parenting time. He cannot just seek a change whenever he wishes. Incidentally, the two year period you refer to has to do with custody (residential parent) changes only, not changes that merely involve allocation of visitation/parenting time.
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Q: My child's father informed me today that he's wanting to sign his paternal rights over.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on Aug 25, 2016

If you have not been to court to establish a parenting plan, then you really need to do so. Just because there are other kids in his home doesn't mean he should not get to see his daughter, but not having adequate space for three kids could mean no overnight visits. Talk with a local attorney about what goes in a parenting plan or how to modify your current one if you have one.
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Q: My ex wife is threatening court because my 6 year old son took a drink of my girlfriend's beer without her permission.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on Aug 25, 2016

Can she file? Yes. Will she win? Maybe, but there would need to be more than just a single incident like this. Co-parenting classes or therapy for you and the mother would be the best option before going back to court.
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Q: If my daughter has moved out of her moms at 17 can she come to Washington? I also still pay the mom child support

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Answered on Aug 25, 2016

Does the mother know of this? If so, see if you can both sign an affidavit to terminate child support. If the daughter is moving out because she is mad at her mother, then you need to speak with your daughter and her mother about the move and why it may or may not be good for her. At 17, she'd be leaving all her friends and changing schools during her last year of high school, which is a big change. Also, if you have a current parenting plan in place that says daughter lives with mother, mother...
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Q: if i had my child for 3 years in the state of Georgia can her mother take her from me when she wants to?

1 Answer | Asked in Child Custody for Georgia on
Answered on Aug 24, 2016

It all depends.

Have you legitimated the child if you were never married to the mother?

Is there a custody order in place?

If you were not married to the mother at any point and you have not legitimated your daughter, the mother has full legal custody of the child and can take her. The best thing you can do is file for legitimation and custody.
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Q: I have a 2 month old and he signed the birth certificate, I want to move to NC from GA, but he won't let me take the her

1 Answer | Asked in Child Custody for Georgia on
Answered on Aug 24, 2016

If he hasn't legitimated the child, he has not standing at all. Moreover, if there isn't a court order regarding custody, you have sole legal and physical custody. Therefore, at this point, he has no standing to object to your move.

Moreover, even if there were a custody order, the father would not have absolute veto power to prevent you from leaving with the child. The court would decide if it is in the best interest of the child for the two of you to live in NC.
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Q: Do we need a legal document in place with the courts if my 16 year old son wants to live with me full time? now 50/50

1 Answer | Asked in Child Custody for Colorado on
Answered on Aug 24, 2016

Informally, the parents can modify the custody agreement (make sure that the modification is written and signed by both parents). The modification is not legally binding ("must do") until a court formally modifies the custody agreement. If the parties (not the child) have already agreed on the modification, the process is mostly a matter of filing the proper paperwork with the court. If there is a dispute about any issue, the process will require a full court review. If the custody issues are...
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Q: I am asking for temporary relief to be able to see my 1 year old son, Will the court let me see him?

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Answered on Aug 24, 2016

If your attorney has made a motion for the temporary relief and requested that you be awarded temporary timesharing with your child, the motion must be called up for a hearing. Each case is unique and while its important that you speak with your attorney about the likelihood of you being awarded temporary timesharing with your child.
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Q: My grandchildren were abused by their parents during an unsupervised visit.

1 Answer | Asked in Child Custody for Florida on
Answered on Aug 24, 2016

No. Call Child Protection (the police)
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Q: Who has custody if there is no custody agreement in place?

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Aug 23, 2016

If you were never married to the biological father and there is no order on time-sharing, then you are, by default, the parent with all the time-sharing and sole parental responsibility. The father does not have any rights to time-sharing until there is a parenting plan with time-sharing schedule established as part of a paternity action. If the father refuses to return the child, you may want to consider filing a verified motion for child pick-up order.
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Q: I have a younger friend who's parents got recently got divorced. Can she seek for her mother to have physical custody?

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Answered on Aug 23, 2016

This matter is best handled between the parents. Your friend should inform one of both of her parents of her wishes. Be aware a child's desire is a factor that a judge will consider, but there are a lot of other factors. In other words, if joint custody is the way the judge is leaning, the child's wishes are considered, but will not force the judge to change his/her mind. Also physical custody just mean that a parent has physical powers/control over the child. In think you are asking about sole...
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Q: Can I keep my son?

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Answered on Aug 23, 2016

Contact a family law lawyer. I leave the choice to you on whether you want to not follow the parenting plan (i.e. keep the child until adjudication is complete). For your general information, a parent may violate a parenting plan if there is a reasonable belief that the child's health and safety is at risk. Be aware that if you choose to keep the child the father can seek court action to compel you to transfer the child. Where he will do this is another matter...
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Q: can my wife keep my son from me, she says that I don't have any rights to him and what she says goes, is that true?

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Answered on Aug 23, 2016

It is difficult to provide you a definite answer as to your parental rights. This is a good forum to get some information, but I highly suggest that you speak with an attorney one-on-one, so that you can provide more confidential information. Often times when a relationship between the parents get a little sticky, visitation as to one of the parents suffers. Contact and hire an attorney.
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Q: What does my paper work mean does he have sole custody, what are my rights ? Can someone please help

1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Answered on Aug 23, 2016

Sorry, but it is impossible to answer your question without having the opportunity to review your paper work.
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Q: I feel my child custody arrangements are unfair. What can I do?

1 Answer | Asked in Child Custody and Divorce for Illinois on
Answered on Aug 22, 2016

Consult, in person, with an experienced divorce lawyer to see if you have a case. You have not furnished enough facts for a lawyer to give you a competent answer. You need a personal meeting so the lawyer can learn all of your facts.
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Q: My ex and I live in Illinois and share custody of my daughter.

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Answered on Aug 22, 2016

You have to petition the court for permission to remove the child to another state. There are certain criteria that the court uses to balance your right to leave versus your ex's right to the parenting time he or she has now. Without knowing more facts, you have an uphill battle. The "good job" argument is likely to be insufficient.
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Q: Can a man take custodial responsibility for a child without being listed on the birth certificate?

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Answered on Aug 22, 2016

You really want to talk to a family lawyer about your options as a lot depends on the details of what you and the other person want. Technically, as the "dad" isn't listed on the birth certificate there's nothing to stop anyone from assuming that role, but as to the details, and how you handle the different aspects it's not the type of thing anyone can comfortably answer over the internet.
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Q: When filing for divorce if both parties do NOT want to seek child support from the other, is a hearing required

1 Answer | Asked in Child Custody, Child Support and Divorce for Minnesota on
Answered on Aug 22, 2016

You should seriously consider why you are not motivated to seek child support. Generally, agreements to waive child support will not be enforced because they are contrary to public policy. Child support is the right of the child, not the parent.
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Q: Do grandparents and aunts/uncles have rights to the child if the parent signs away his rights?

1 Answer | Asked in Child Custody and Family Law for Connecticut on
Answered on Aug 22, 2016

Consult with a probate for family law attorney regarding your legal rights to see the baby.
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