Lawyers, Answer Questions  & Get Points Log In
Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is 12 she’ll be 13 in three months She don’t want to go to her dad house so I have to make her go

I am waiting on a court date to modify parenting and I am asking to modify parenting time because my daughter doesn’t want to go over her dad house all the time and she doesn’t like how he’s been treating her or the things he have said about me to her I hate having to make her go and here... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

You are doing the right thing by filing the motion. Perhaps there is something negative going on that your daughter is afraid of disclosing. Still, your duty is to comply with the parenting time order and continue facilitating her relationship with her father. Typically in these situations with a... Read more »

1 Answer | Asked in Child Custody, Child Support and Military Law for Mississippi on
Q: I’m a military spouse. I have full sole custody of my 10-year-old son. I currently live in Italy until 2024.

I have custody papers I would like to know if they are still good even though i moved to another country. His dad has visitation and also signed for him to have a visa to live in Italy. He gets him during summer time June-August. He shares visitation with my parents who live in the same state as... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Oct 1, 2022

They are still valid, though they may not address your current situation. If your payments are going trough Child Support Enforcement, they can gather the information needed to reevaluate support. DHS is not involved in child support. Child support ism modifiable in all states based on changes of... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I get custody of my children will I still have to pay the arrears?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

Yes, you still have to pay any arrearage that has accrued. Child support cannot be forgiven once it has vested; however, you may be able to receive credits against the arrearage, depending on the circumstances. Whether you are entitled to credits is entirely up to the Court.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: How do I get custody of my son? His grandparents were given temporary custody.

They filed for emergency custody and were awarded temporary custody. There is a hearing in 1 week, said to be the final hearing. I have not been given any instruction on anything that I would need to do in order to get him back. If there is some form that I may need to submit or something, I'm... Read more »

Timothy Denison
Timothy Denison
answered on Sep 30, 2022

You should have your lawyer file a motion for return of custody before the hearing next week.

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Utah on
Q: Can dating someone with traffic misdemeanors effect child custody?

Im going through a divorce its been 9 months waiting. I fell in love with someone who has misdemeanors for dumb traffic things. He had some stuff in his teens. Hes changed and wanting to be a fireman or go into marines to be a combat medic. Im worried that my Ex husband who is not a good guy might... Read more »

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Sep 30, 2022

This is not a criminal law question. You need a family law specialist.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 29, 2022

Were her rights terminated or did she simply sign over custody in court memorialized in a custody order? Parents’ rights to custody off their child is supreme to anyone provided she shows it’s in the best interest of the child and if there has been a change in circumstances (assuming her... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 29, 2022

It seems unlikely if she has an untreated drug problem and no proper housing for the child.

View More Answers

1 Answer | Asked in Child Custody for Tennessee on
Q: I have residential custody and my son(16) refuses to come back from his mothers house in another state, can I force him?

My son was there for summer when he started giving me ultimatums, saying how hard he was going to make it for me if I didn’t let him stay, I caved and allowed him to stay. I took custody from his mother in 2018 after DCS got involved which she moved to Florida after.

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Sep 28, 2022

I hate to say this, but . . . it depends.

It *appears* your son's absence from Tennessee is temporary and for less than six months, so jurisdiction should still lie with Tennessee and you will need to file something in a Tennessee court.

As there was a prior "removal"...
Read more »

1 Answer | Asked in Child Custody for Kentucky on
Q: My husband and I gave temporary custody to his brother after our house was lost to a fire.

During that time they began paperwork to adopt my son and daughter. We were not aware of this until after they successfully adopted them. We were homeless trying to get back on our feet and our kids were basically stolen from us. Its been 3 years during which time we have remained in our... Read more »

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

Depending on how long it has been since the adoption, you may be able to go back into the case and have it set aside if you weren’t given notice or served.

1 Answer | Asked in Child Custody for Arizona on
Q: What statue states that each parent is entitled to the other parents medical records?
Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

No statute states that. A statute states that each parent is entitled to the child's medical and educational records. ARS 25-403.06.

Rule 49 of the Arizona Family Law Rules of Procedure requires each party disclose the names of any providers for psychological, psychiatric, or...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: If I take full custody of my kids will my ex wife pay child support even if I have arrears

I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

Who pays child support currently is unrelated to whether arrears are owed.

Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.

1 Answer | Asked in Child Custody for California on
Q: If I share joint custody and the father and I want to move the child out of the US, do we need to notify the court?

I’m currently considering leaving California and moving to out of country with my child. Her father has already moved earlier this year without notifying the court here in CA. I’m considering moving out of country as well. Are we required to notify the court about the move since we share joint... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

DO NOT MOVE THE CHILD without taking appropriate legal action. Speak with a local attorney today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I want to file a case against (????) I am a father who has been requested to pay child support. 1983 who?

I want to file in the federal courts against ( I dont know where to start) that the request for me to pay child support has and continues to violate my first amendment protections of the constitution. I have been doing as much of the hard work needed and I am wanting to begin this process

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

Family law issues are handled in state court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If a child has been living with grandparents, but there is no legal custody arrangement, can grandparent deny the mother

If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 26, 2022

If there is no court ordered custody arrangement, there is no reason the grandparents keep the child from you, unless there are proofs you are unfit to care for the child and they appeal for custody for the child. Speak to lawyer to know how best to proceed with your case.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I have a criminal trespassing on the custodial parent how can i pick up my daughter on my weekend and days?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 26, 2022

Modify the order and meet at police station or a public place like McDonald's .

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I currently have my children every other weekend and one weekday every week and have joint custody, The father just died

Long story short my exhusband lived with his parents so they helped raised my 2 boys for the last 10yrs of their life They decided to withhold this info from me because they did not want my boys to come to my house permanently since their father is not alive Another family member thought it was not... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

The police are right: this is a family court matter that needs to be addressed there. If you do not have legal custody of the children, it's possible that with the father dead, the grandparents would become guardians. And even if you have shared legal custody, the best interest of the child... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Is child support still warranted if there is joint physical custody with a 60/40 split? If so, who pays?

My ex husband and I have had joint custody of my daughter since we divorced 7 years ago. However, I have had primary custody of her legally. My daughter has expressed interest in living with her dad during the week, which is fine, as long as I still have my time with her. I have always had her... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

Child support will be recalculated based on income and other factors. I can't say whether you will or will not owe child support.

1 Answer | Asked in Contracts, Family Law and Child Custody for New York on
Q: If a couple that is separated writes a parental agreement contract, can the cops get involved if one disobeys it?

Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 24, 2022

No, the cops won’t get involved unless there is a court order. What you have in mind has no legal effect. Better to go to court and get a custody order.

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: both parties agree on change to custody and financial agreement of children. what needs to happen to be legally binding.

is there a form that cam just be filled out and signed by judge?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 24, 2022

There isn't one form. There are 6 different documents that need to be filed in order For this to be done correctly. You definitely want to hire an attorney to handle this, because if it is not done correctly, it could be more costly later o

1 Answer | Asked in Child Custody for Georgia on
Q: Should I still follows custody agreement if other parent not allowing me to know where my son will be staying?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 24, 2022

You have to follow the court order. If the other party isn't, you can file for contempt.

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.