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Child Custody Questions & Answers

1 Answer | Asked in Family Law, Child Custody and Constitutional Law for Georgia on

Q: What is considered as suitable housing for children.

I was told to obtain housing and be stable well i have its small but ive been here almost a year. And if suitable for a temporary solution until the kids are back with me and then i could and plan to move into a larger home. I just wanted to show stability. To courts.

Regina Irene Edwards answered on May 26, 2019

That answer depends on a variety of factors. How many children there are, their ages, if they have special needs, etc. The size is less important than cleanliness and a history of rent and bills being paid on time. But in general, all children should have a clean, safe bed to sleep in and the... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Oklahoma on

Q: My ex and I has never seen eye to eye since I was told by my 2 minor children step mom broke my daughters wrist and when

I showed great concern but also keeping a civil conversation out of concern for our children we have together. He just laughed and said I was making this stuff up in my head and I was dramatic and making something out of nothing. I didn’t think I was dramatic, I was emotional and crying for the... Read more »

Melissa Oxford answered on May 26, 2019

I recommend consulting a lawyer any time you believe your child may be suffering abuse when they are not in your care to determine your options and if you have any duty to report same.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Oklahoma on

Q: his wife is” mother on school records” I can’t even get infor nothing on them and I’m aloud visitation but being denied

I believe I should be on school paperwork. I have been denied any communication with my children for Two years they move every time I find them. I was told that dhs was investigating them after the broken wrist thing. I just need help on what my legal grounds are so I don’t end up in jail bc I... Read more »

Melissa Oxford answered on May 26, 2019

If you have an order allowing you visitation and the other party is refusing to comply with the terms of the order, you can file a motion to enforce the visitation order. There are other options, as well. I recommend you consult a family law attorney in the state/county where your divorce was... Read more »

1 Answer | Asked in Child Custody for Illinois on

Q: Is a agreement for custody at a lawyers office legal? They said it never got in to the judge and there is only one copy

Ray Choudhry answered on May 26, 2019

Custody matters have to be approved by the judge.

Until the judge reviews and approves a custody agreement, there is nothing binding.

1 Answer | Asked in Child Custody for Kentucky on

Q: How do I change a court order from Ohio to Kentucky where I live. I have sole custody of my daughter

I was awarded full sole custody November 2015 because mom was arrested for drug charges and child endangerment. The court order is from Ohio because that was the state that mom resided in and the state she was arrested in. Now she is violating the court order. The court order says visitations... Read more »

Timothy Denison answered on May 26, 2019

You get a copy of your Ohio court order certified according to the Acts of Congress (Ohio clerk will help you get this), then bring it to the circuit clerk in the county in which you reside in Kentucky, fill out a registration form and pay the filing fee.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Maryland on

Q: Can I move out of state with my 6 month old?

My daughter has been under my sole care until she was 4 months old, but due to an abusive situation at my parents, we had to move in with her father( the only other person we know in Maryland.) Me and my child's father were never married but he signed an Affidavit of Paternity after she was born.... Read more »

Mark Oakley answered on May 26, 2019

It’s a complicated question. With no court order in effect, either parent has legal authority to have physical custody and can move out of state. However, because this is the child’s home state of residence, Maryland courts have jurisdiction to hear a custody dispute under the Uniform Child... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on

Q: How long around, would you say judge would grant residential custody. (I still share custody) I’m her mom

My daughter and I were homeless. Her grandma and I have a court order where she has residential and I share custody also. The judge said once I have my own place and car, I can have her back. That was when she was 4. Now she is 6. I talk to her and see her. Since it’s taken me longer than... Read more »

Kathryn Hilbush answered on May 25, 2019

The way to obtain reliable advice, I'm afraid, is to meet in person with an attorney. there are so many questions to which we'd need answers and you cannot provide them on the internet. Make an appointment with an experienced family law attorney to discuss what your current situation is and what... Read more »

1 Answer | Asked in Child Custody and Divorce for Missouri on

Q: Got married in PR, husband’s in the Army in the states, but we want a divorce. Does it have to go through PR?

Husband is in the Army. He is stationed in the states. We got married in PR a few months ago. We have a daughter together.

Lydia Seifner answered on May 25, 2019

You do not have to get divorced where you got married. But you do have to get divorced in the state in which at least one of you lives. Most states follow specific rules about jurisdiction over children. It will be better to have your divorce in the state where the child has lived for the last... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on

Q: Can I legally leave my 5 and 8yr old home alone for a short period? (OH)

For 1 1/2 hrs or less? Are there specific guidelines or codes for what is exeptable? They know safety rules and have a phone.

Denise Rini Esq answered on May 25, 2019

There is no official age that children can be left alone, though it is my experience, depending on the jurisdiction, where the police will have the authority to determine if it rises to the level of child endangering. You may wish to err on the side of caution and not leave an 8-year old with a... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on

Q: Child abandoned by mother, should we worry about her coming back?

My boyfriend has had his daughter full time since she was born, he and his ex lived in an apartment in Nevada at the start and tried living life the "normal" way. Soon after (about 4 months after birth) the bio-mom started partying and not being responsible. She has a lengthy history of drug abuse... Read more »

Brent T. Geers answered on May 25, 2019

One question that needs to be addressed is why does your boyfriend's parents have guardianship. That aside, ex-girlfriend could not just show up and take the child. She could, of course, reenter the picture. But given the amount of time that's passed, and the other issues going on with her, I would... Read more »

2 Answers | Asked in Family Law and Child Custody for Louisiana on

Q: If a hearing officer's recommendation is appealed, does that mean that recommendation is in effect now?

Last year, my sons grandmother was given sole custody of my son with me having visitation. We went in front of a hearing officer last week, and she recommended joint custody with me being domiciliary parent. I appealed the recommendation due to me wanting sole custody and next court date is in... Read more »

Ellen Cronin Badeaux answered on May 25, 2019

A change in custody recommendation is not enforceable if it has been appealed. A change in visitation is enforceable if it has been appealed. Hire a custody lawyer.

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1 Answer | Asked in Child Custody for Kentucky on

Q: I need to know what form or If i can write it myself for change in custody agreement in Nelson County Ky.

I am a father and my child's mother only lets me get him 1 day a week and not let me have him on weekends like are original court order. I need to know what form or if I can write a paper myself to get in front of the judge. Have contacted the clerks office they said there is no papers they have... Read more »

Timothy Denison answered on May 24, 2019

You can write and file your own motion asking for what you want. You have to notice it for the courts motion hour and time, send a copy to your ex or his or her lawyer and file it with the court.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: How do I respond to a petition for cause? How do I defend my majority parent appointment?

I live 66 miles from my previous address in Sangamon county. I didn't file a petition with the county clerks because the father and I had a verbal agreement. He and I have been maintaining out parenting agreement and getting along really well for over 12 months now, with my new address. He just... Read more »

Ray Choudhry answered on May 24, 2019

If your daughter has been going to school where your are for the past year and the father went along with it, the court may very well find that there was an agreement of the parties to modify the parenting plan.

Why not come up with a new parenting plan that works for both of you....
Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Do I need to file a restraining order against my ex wife?

My ex wife had left the state tried to get to take our daughters with her. I fought that and won. She still moved out of state alone and got married and then had 3 children. Her father just contacted me and has said that now she has left her new husband and taken 1 of her 3 children with her. The... Read more »

Ray Choudhry answered on May 24, 2019

Go back to court to have the Parenting Plan modified.

1 Answer | Asked in Family Law and Child Custody for Utah on

Q: I have recently found out my son's dad is never home with his son and his dad girlfriend has been taking care of my son

Since his dad is failing on taking care of him can I pick up my son to live with me no custody has been established

Mike Branum answered on May 24, 2019

It sounds like you have some type of informal, verbal agreement for custody. You would be ill-advised to just "pick up your son to live with you" regardless of a formal custody agreement.

The first step, in my opinion, would be to have a conversation with the child's father, express your...
Read more »

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Arizona on

Q: How can I get a hospital to give me info on a newborn relative?

My brother and his girlfriend just had a baby. They both have drug issues. I tried to get info from the hospital but they evaded me and wouldn't say anything. No idea how the baby is doing and haven't even seen her yet, she was born a week ago. Was getting ready to start paperwork to take custody... Read more »

Mike Branum answered on May 24, 2019

This is a very small amount of information in what is almost certainly a complex situation. With that caveat, the short answer is: you can't. There is no "how." The answer is just "no." You do not have a right to the information. It is a violation of federal law for the hospital to provide you any... Read more »

1 Answer | Asked in Child Custody, Family Law and Civil Rights for Missouri on

Q: Q: is it legal to make children buy there food at home like sugar for oatmeal or a cookie

Only giving them the bare minimal, no extras at all. no seconds, no sugars, even doing things like making them pay to do their laundry. I know they say it is to teach responsibilities but this is taking it way to far. ALSO letting other children have things in front of the ones who have to do... Read more »

Lydia Seifner answered on May 24, 2019

I would encourage you to contact social services about whomever this is and hotline the situation.

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: How do I get guarding ship from my ex husband while my daughter in prison

Rahlita D. Thornton answered on May 24, 2019

It really depends on what your objectives are. A review of your order and more details are needed to assess this situation.

1 Answer | Asked in Child Custody for Oregon on

Q: Can my ex & kid move 60 miles away from her current residence, establish residence there, and then keep moving further?

I am the non-custodial parent, living in Portland (3 nights a week with our daughter) and my ex lives in Happy Valley (4 nights a week with our daughter). Happy Valley is 13 miles south of my residence in Portland. Can she move my child to Albany (which is technically 62.5 miles from Happy Valley,... Read more »

Joanne Reisman answered on May 23, 2019

If I were you I would file with the court some type of motion, probably asking the court to give you custody if the mother moves. That will get the issue back into court so you and the mother can go to mediation and get some clarification as to what custody and parenting time are going to be... Read more »

1 Answer | Asked in Child Custody for Alaska on

Q: I would like to move out of AK, I am not married to the father. Can I take the child out of the State? Is it legal?

I can not afford an Attorney, is there any way to ask for physical custody without one? What are my best options as the sole provider

Stefan Otterson answered on May 23, 2019

Yes, you can take the child out of state. Either parent can legally do that. Just be aware that without a custody order, the other parent can also legally come to the other state, pick the child up from school or daycare, and take the child back to Alaska. The fact that it's legal doesn't mean... Read more »

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