Get free answers to your Child Custody legal questions from lawyers in your area.
I fostered a child for over a year, but the child has now been returned to their biological parents. During the fostering period, there were no legal proceedings to terminate the biological parents' rights, and I haven’t tried to adopt the child. I would like to know if I can obtain parental... View More 
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answered on Mar 25, 2025
I understand that this is likely a very emotional situation for you, especially after forming a strong bond with the child during the foster placement. In New York, however, the law gives significant weight to the rights of biological parents, particularly when those rights have not been terminated... View More
I am involved in a child custody case where the other parent currently has temporary custody, although I had full custody of our child until January this year. I have had custody for our child's entire life, largely due to the other parent's long history of neglect and abuse. I would like... View More
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answered on Mar 25, 2025
I understand how upsetting it must be to lose temporary custody, especially after having been the primary caregiver for your child's entire life. Regaining full custody in New York after a temporary order has been issued involves demonstrating to the court that a change is in the child's... View More
I am involved in a child custody case where the other parent currently has temporary custody, although I had full custody of our child until January this year. I have had custody for our child's entire life, largely due to the other parent's long history of neglect and abuse. I would like... View More
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answered on Mar 27, 2025
We have no idea what happened to this asker. Another parent entered the picture in January, and poof, the child's custody is flipped and the question is how to unflip. We need more information: the facts, the age of the child, the living details of the parents (incomes), copies of transcripts... View More
My wife wants a divorce, and I want custody of our four children, who are all five years old. We don't have any shared assets, and there are no existing custody arrangements. My wife also wants custody. We have attempted discussions, but nothing has been agreed upon. What should I do to pursue... View More
answered on Mar 25, 2025
Requesting custody orders will be a part of your divorce proceedings. Someone files a Petition for Dissolution and the other party files a Response. Each person indicates in the Petition (and in the Response) what custodial arrangement they want. Then, concurrently with filing the Petition (or... View More
I, the father, have filed a petition of contempt against the mother for arranging a psychological evaluation for our child without my consent, though we have joint legal custody. The mother has filed a petition to transfer the case to a new jurisdiction, as she and the child have moved to a... View More
answered on Mar 27, 2025
You should always file your response timely according to the rules of civil procedure. You will want to check to verify whether the prior relocation order specified whether issuing court retains jurisdiction or if it provides for a transfer to the new state of primary residence of the child. I... View More
I am seeking assistance in Maryland for a custody issue concerning my children and need a pro bono family lawyer. The father currently has the children and is not allowing me, the mother, to see them, and we were never married. Are there specific legal aid organizations or programs in Baltimore... View More
answered on Mar 24, 2025
Maryland Volunteer Lawyer Service (MVLS) offers legal assistance through volunteer attorneys to persons of limited means. You can contact MVLS through their website https://mvlslaw.org/free-legal-help/ or by phone at 410-547-6537 (Mon-Thurs).
Additionally, the Circuit Courts offer pro se... View More
I'm trying to understand my rights as the non-custodial parent regarding spring break visitation. The custody agreement mentions specific terms for spring break, but I'm unclear about how the weekend visitation before spring break affects my rights. Could you explain my rights in this context?
answered on Mar 24, 2025
In the standard possession order, Spring Break begins on the day school is recessed for Spring Break and ends on the day school resumes after Spring Break. Commonly, school is recessed for Spring Break on a Friday at the end of the school day runs through the following week and then resumes on the... View More
I'm trying to understand my rights as the non-custodial parent regarding spring break visitation. The custody agreement mentions specific terms for spring break, but I'm unclear about how the weekend visitation before spring break affects my rights. Could you explain my rights in this context?
answered on Mar 24, 2025
To be clear, that usually means that under the standard possession order, the parent who has possession for Spring Break gets two consecutive weekends along with the entire week between them.
So, if the weekend possession schedule is 1st, 3rd, and 5th or 2nd and 4th, the parent who has... View More
I filed an Emergency Motion to Stop Timesharing due to concerns about my children's safety, as their father's house was raided by Lake County SWAT and he has been using drugs. The court's order mentions that I failed to state a cause of action for jurisdiction to modify timesharing,... View More
answered on Mar 24, 2025
Is there a current order on timesharing? If yes, what court issued that order? That is where you would need to file your motion to modify the current court order based on the "best interests of the child." If you have never been to court or if there is no court order then you need to file... View More
I am involved in a custody case where the intervenor has been refusing to allow the respondent mother her court-ordered visitations for the past three months. Additionally, the respondent mother has stopped complying with the court-ordered drug testing for the last 30 days. There is also a paternal... View More
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answered on Mar 24, 2025
Yes. You can also file to enforce the parenting time and note that your enforcement efforts include the show cause motion filed contemporaneously with the enforcement motion. All of your enforcement efforts should be preceded by a written request to confer as an attempt to resolve the issue prior... View More
I was put on child support by default without being informed about any court proceedings, and I'm unsure if the child is biologically mine. How can I address this situation, contest the child support order, and request a paternity test?
answered on Mar 20, 2025
You need to challenge the court order entered without notice to you. The best method for such a challenge depends upon the procedural facts of your case. You need to consult an attorney experienced in both family law and appellate law as soon as possible because all of your available remedies... View More
I have been paying child support, but my ex has continuously prevented me from seeing my children since 2016. There is no formal custody or visitation order in place, although I have raised this issue during child support hearings and was advised to seek a pro bono family law lawyer. Despite... View More
answered on Mar 20, 2025
You need to file something with the Court asking the Court to set periods of visitation so that your vistiation rights become an order of the Court. If yoou are unable to hire an attorney, then contact the local bar association and see if they have a pro bono program, or if they can provide you... View More
I have been exercising my parenting time without issues for the past five years, during which my children have flown to me in Washington. Recently, the mother filed an emergency motion that falsely claims the children do not want to fly to WA, leading the Arizona judge to temporarily suspend my... View More
answered on Mar 24, 2025
Did the court enter these orders without even hearing from you ("ex-parte")? If so, then under our rules, you are entitled to a very quick hearing at which point mother would have to prove her concerns. If that hearing has already taken place, please know that temporary orders are only... View More
I have visitation with my 9-year-old daughter from 10 am on Saturday to 4 pm on Sunday. She prefers to be at home at night rather than staying over, but her mother insists she must stay. I've tried talking to the mother about our daughter's preferences, but she hasn't agreed to a... View More
answered on Mar 18, 2025
I assume your custodial arrangement is in writing in the form of a stipulation or judgment which has most likely been signed by a Judge---assuming that is correct, then unless (until) it is changed, that is the rule/law of your case and is to be followed unless the parties agree not to do so. If... View More
I had a court date on March 11, 2025, regarding a parentage case. The respondent filed a request to quash the case, citing my relocation to a new county, but the judge ruled against quashing. During that session, the judge also confirmed paternity, and the respondent signed a paper acknowledging he... View More
answered on Mar 18, 2025
Default occurs when the Respondent does not file a response to the petition for parentage (aka paternity; aka Petition to Establish Parental Relationship). The responding party is not necessarily in default because they do not file a response to other types of filings such as a Request for Order.... View More
My wife and I are considering a mediated, amicable divorce, but we will be moving from Arizona to Utah this summer, possibly in August. We have been Arizona residents since 2023 and have two children, ages 9 and 5, with plans for 50/50 custody. We are deciding whether to file for divorce in Arizona... View More
answered on Mar 17, 2025
One of the requirements for filing in Arizona is that at least one of the spouses must be domiciled in Arizona for 90 days. That means you must have lived here for the 90 days prior to filing for divorce with the intent to remain here. You indicate, "We wish to file for divorce soon after... View More
I recently broke up with my girlfriend, and we have a child together. We verbally agreed to share custody, each having half a week with our child. However, she told my sister she wants to take my daughter away from me, which she's denied to me, but she often lies. There has been no formal... View More
answered on Mar 17, 2025
It sounds like it is time to go to Court. It's probably the only option you have right now to protect your parental rights.
What you're going to need to do is file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and get... View More
In one county, a woman lost custody and parental rights to her child, who was then moved to another county. Despite this, she continued to receive child support from the father in the first county, as the court was unaware of the custody change. The child support order continued for over 17 years,... View More
answered on Mar 16, 2025
A person can not go to jail simply for receiving child support under a valid child support order. However if the person lied under oath in court about where the child lives, whether the child was emancipated or if service of process was validly effectual, those are criminal perjury.
I am a stay-at-home husband, a veteran with 100% permanent and total disabilities, earning $50,000 a year. My wife works part-time, and I cover all living expenses. We moved to California six months ago temporarily to stay with my wife’s parents, but our home and my insurance are still based in... View More
answered on Mar 15, 2025
Since no one has filed anything yet and therefore there are no court orders, you are free to move wherever you want. Since you have both lived here (CA) for at least 6 months, Mom can likewise, file here in CA and get custody orders in place, forcing you to bring the child back to CA from Ohio.
I am scared of my children's father and want to obtain joint custody, but he refuses to let me break up with him, threatening to hurt me and take my kids. I have not taken any legal action against him, and currently live in a hotel with my kids until moving into my own place on April 1st. I... View More
answered on Mar 14, 2025
If your husband is placing you in apprehension of imminent serious bodily harm, you can petition the court (either District or Circuit) for a Protective Order. That Order could require your husband, by example, to refrain from having any contact with you, staying away from your current residence,... View More
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