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Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: How can I get my son back full-time?

I was the primary custodian in the divorce proceedings and primary decision maker. Outside of the agreement I allowed for my son to live with his dad. No paperwork has changed our initial agreement. Now he's 15 and I want him back. Do I still have rights? Can I just go get him after he's... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Oct 18, 2021

I strongly recommend that you speak with a Georgia attorney about this personally. We will not be able to give you step by step advice with the little information you have provided. I strongly urge you to get counsel first before you do anything. You will need to coordinate the retrieval of your... Read more »

1 Answer | Asked in Child Custody for Georgia on
Q: How do I fight back CPS when they wrongfully gave custody to my ex with no proper investigation or a report on myself?

I had sole custody of my daughter. With no report of concern on myself but with the other parent making false accusations against me case worker changed custody over to ex and then gave him permission to leave the state with her. Since then he went to file for emergency custody in new state and was... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Oct 18, 2021

Clearly, you have much going on here. We will never be able to address your concerns because everything depends on...well, everything else. You are in need of legal counsel fast. You really needed an attorney long ago before all this happened. Get one now.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: In child custody do you follow what's in the divorce or child custody plan?
Charles Watts
Charles Watts answered on Oct 18, 2021

There should be language to define that. Additionally if one was filed later than the other then that usually supersedes (that is if it came later as in months not minutes/hours). You should seek a family law attorney to assist you with your issues as they can often turn quickly if you are not... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: If both mom and dads name are on birth certificate, what happens if mom runs away with child?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 18, 2021

If the parents aren't married, the father has to go to court to establish paternity. He can file for custody/visitation at the same time. The fact that the mom ran away without the father's permission or a court order could be held against her in the custody proceeding.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How can I change child Custody agreement if there was no Substantial change since it was approved?

Agreement states I see my kids every other weekend, i requested my ex for more time, she refused. My kids requested to spend more time with me, their mom refused. They dont want to go back to their mom after their visit, they feel overly stressed and distraught. A Lawyer i spoke to said there is... Read more »

Linda Liang
Linda Liang answered on Oct 18, 2021

Mental abuse can be qualified as substantial change. The key is that you need to have evidence. Once you do, find an attorney.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Open DCFS caseworker can’t tell me why my kids was taken what can I do?

I have a open DCFS case and I went to the clerks office to get my documents cause I have some questions still left unanswered. And my lawyer isn’t helping me with anything I can’t afford an attorney. There has been a lot of unprofessional foul play involved with this case

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 16, 2021

"My lawyer isn't helping me with anything. I can't afford an attorney."

This makes no sense.

1 Answer | Asked in Child Custody for Kentucky on
Q: What should we do?

CPS removed my stepdaughters from their mothers home in August due abuse and neglect. She is allowed 1 biweekly visit and 2 phone calls weekly; all supervised at DCBS.

She has asked twice this week for visits outside of her supervised visit. One for her birthday and then another to attend... Read more »

Timothy Denison
Timothy Denison answered on Oct 16, 2021

File a motion for the visits with the court.

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: I married into a situation where my wife has lost her kids, what can I do to assist her with this ongoing Court process

I have been labeled her paramour in the situation that caused the removal of the children

Timothy Denison
Timothy Denison answered on Oct 16, 2021

Hire her the best family lawyer you can find and follow all of their recommendations.

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: What are my legal rights as a father?

My daughters mom (my ex) will on occasion freak out when it's my weekend with my daughter and will coerce my daughter to say anything she feels justifies her to come over and take my daughter back and threaten me with calling the police etc when I have done nothing. She's done this... Read more »

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik answered on Oct 15, 2021

Your residential time is defined by the parenting plan. Unless the parenting plan says that she can pick your daughter up during your time because your daughter says she wants her to, then she shouldn't be doing this. You should both be following the parenting plan as best you can.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: My ex & his attorney claimed my evidence was useless, what can I do?

I filed a petition to change child custody (my ex has primary, I want 50/50 as circumstances have changed). I provided text message screenshots between the two of us that clearly backed up the claims I was making; however, he and his attorney filed a response that said all the screenshots were... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Oct 15, 2021

Don't worry about the lawyer says. First, anything you add to the petition isn't considered evidence. In court, you present the evidence to the judge. But send clear copies of your evidence to the attorney ahead of time. Let the judge decide if your evidence is usable or not. But you... Read more »

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1 Answer | Asked in Adoption and Child Custody for Kentucky on
Q: I have had custody of my nephew since he was born and we are set to get permanent custody next week.

We want to start the Adoption ASAP. His birth dad is willing to sign his rights over but my sister ( his bio mom) isn't. She has had 14 months to complete her programs get housing and a job and hasn't. Will the court involuntarily terminate her rights? Or will we just be going to court... Read more »

Timothy Denison
Timothy Denison answered on Oct 15, 2021

No. Just try it as soon as you can.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: How can I get dcbs & the courts to let us do our way of drug recovery & if we fail then inpatient rehab

If you feel that it would be in the best interest for the children and the parents that not everyone recovers the same & dcs is trying to use a recovery treatment that causes more triggers and doesn't help when the screening facility

or assessment worker's or social workers... Read more »

Timothy Denison
Timothy Denison answered on Oct 15, 2021

You can’t. Lost cause.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: My sons biological father is in his life, but my ex boyfriend signed birth certificate. Can I have my ex removed.

My son is 19 months old. Long story short my ex boyfriend, who is NOT, his biological father wants to sue me for custody. But he hasn’t spoken to us in 6 months. My son’s biological father is present and helping me support and coparent my son. The signing of the birth certificate was a mistake... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 15, 2021

Your attorney can file to Disavow your ex and at the same time file for Paternity by the biological father.

1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: if adopted parents decided they don't want child no more can a relative adopt them

I'm teenagers aunt shes 15

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

It is possible, if they are willing to relinquish their rights, but the parties really need an attorney--it's not d.i.y.

1 Answer | Asked in Child Custody for Louisiana on
Q: Ex filed for full custody after i have been the primary caregiver even when we have lived in separate homes.

he lives with his grandmother rent free and she is 87 years old, doing all parenting duties even though it is stipulated for me to if he cant

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 14, 2021

You need a custody lawyer to build your case.

1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: I am trying to get my divorce but can't afford to at the moment my wife is in prison n and I want custody

I believe my child is being mental state of mind depressed that she can't come here . My wife n I bn separated 3 yrs

Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 14, 2021

Call the Louisiana State Bar Association or the Bar Association in the parish you reside and ask if they have a list of attorneys who might be willing to provide you legal services at a reduced rate or pro bono.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What can i do when one of my witnesses wants to withdraw from testimony, after being harassed?

Im in Colorado. I i have a final orders hearing in my custody case on oct 13th. Ive entered my witness list and now my babysitter wants to withdraw from being called as a witness because of retaliation from the petitioners family.

Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

You can subpoena her which means that she will be in contempt of court if she does not testify and she can report harassment to the police. She can also choose not to respond to contacts from people engaging in harassing behavior. Whether you want to put her in the position of having to testify is... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I have a court order to split children for taxes but they spend the majority of the time with me. How do I change that?
Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

You could file for a modification of child support based on a substantial and continuing change of circumstances if that is the case. The tricky part for a tax issue is that substantial and continuing means that there has to be a plus or minus 10% change in support. You may have tax options that... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Missouri on
Q: can i legally adopt a dad

i dont have one mine left for milk

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 13, 2021

What does it mean to leave for milk?

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Are there any resources available for someone who can't afford to pay for a PI to serve a parent with contempt paperwork

My son has been told he needs to hire a PI to find his daughter's mom in order to serve her with contempt paperwork. She has kept him from having any contact with his daughter for over 1 year even though there is a parenting agreement in place. The courts have told him he needs to hire a PI... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 13, 2021

Has he tried one of the many online "find a person" resources?

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