Child Custody Questions & Answers

Q: What if both parents don't come to probate court will the child go back to the Guardian and the Guardian don't

1 Answer | Asked in Child Custody and Probate for Michigan on
Answered on Mar 25, 2017

The Court will generally not impose responsibilities on a 'guardian' if the guardian declines to act. Without knowing all the facts however, it is impossible to know exactly what will happen in Court. Has the guardian ALREADY accepted the responsibility? Is there some sort of change in circumstances that would make this necessary for a period of time?

If you have questions about this, you should consult with a local Probate attorney who can provide ACTUAL legal advice and guidance....
View Details »

Q: Can I move my children out of Oregon if there is no court orderef custody agreement? There is no visitation plan.

1 Answer | Asked in Child Custody for California on
Answered on Mar 24, 2017

Contact an OR lawyer with this question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
View Details »

Q: What can you do if the non-custodial parent will not give you the dates in which they want the children for the summer?

1 Answer | Asked in Child Custody and Family Law for California on
Answered on Mar 24, 2017

You may want to work with a Special Master or parenting coordinator such as myself to avoid such issues and ongoing litigation, or you may want to ask for court orders to clarify these issues so they don't arise in the future. Also a mediator/ therapist may be useful. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
View Details »

Q: HI I live in CA and was wondering if I move 44 miles away from my current location who is responsible for pickup/drop?

1 Answer | Asked in Child Custody for California on
Answered on Mar 24, 2017

Child support considers the income of the parents, including of their partners in cases such as yours. As for the move-away, the other parent may object if it interferes with reasonable visits/ custody. You may want to file a motion to acquire a judicial order modifying the structure of such custody/ visits so that there are less concerns about this later. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
View Details »

Q: Can I get custody of mfiancés child.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Answered on Mar 24, 2017

It is more likely that other members of your fiancé's family would get custody. You'd have to talk to a local family law attorney in the area where the child lives. It depends on too many facts specific to the situation. Use the Find a Lawyer tab.
View Details »

Q: My husband and I have sole cousty, can we move to SC?

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Mar 24, 2017

You will need to read the terms of the custody order. Typically, notice to the court and to the mother is required, and the mother could object and ask the court for a hearing. Use the Find a Lawyer tab and consult a local family law attorney to review your situation and advise you.
View Details »

Q: At what age can a child in New York choose which parent they would like to live with?

2 Answers | Asked in Child Custody for New York on
Answered on Mar 23, 2017

There is no set age. Just as promulgated in the rules of service, the statute reads that child must be of "suitable age and discretion". Basically, if the child understands what is going on, his/her opinion will be considered. Finally, the older and more mature the child is, the more credence the Court will give him/her.

Hope this helps,

AG3
View Details »

Q: How can I get my husband to take legally responsibility over our children?

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Answered on Mar 23, 2017

You may not be able to force him to have a portion of custodial time. However, if you take him to child support court, he will probably assert time with the children to lower his child support obligations. You can take him to court by filing the paperwork with the court and serving him. There's a self help center or you can hire a limited scope lawyer to help reduce the fees. $1,000 per month is a significant amount of money, but you might be entitled to more money. However, you may get less...
View Details »

Q: I live in TN and my husband lives in FL. What do we need to do in order to get divorced?

1 Answer | Asked in Child Custody and Divorce for Florida on
Answered on Mar 23, 2017

Start by filing a Petition for Dissolution of Marriage in the Florida county where your husband and son reside. It cannot be a simplified dissolution because you have a minor child. Although you and your husband do not want child support, it is required. No way around it. Feel free to call to further discuss your concerns. Good luck.
View Details »

Q: I have a friend who is pregnant with twins and wants to give them to me the day they are born. how do I make it legal?

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Answered on Mar 23, 2017

Contact a local family law attorney right away. The attorney will be able to discuss your options and begin preparations for the adoption process. The mother cannot sign anything until after the babies are born, but you can begin working with your attorney to get things ready ahead of time. The attorney will not be able to represent both you and the birth mother, so if she wants legal representation, she will have to hire an attorney. Best wishes!
View Details »

Q: Must I have sole custody in order to get passports for my children and travel without the noncustodial parent consent?

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Mar 23, 2017

There are 3 ways for you to get a passport:

1. The father agrees and signs.

2. You obtain a custody order for sole legal custody (very rare)

3. You obtain a custody order that allows you to apply for passports without his consent.

Unless the first option, you have to sue the father to obtain relief.
View Details »

Q: Wat is the legal age to marry in Ohio as in I'm 23 and my girlfriend is 17 almost 18 and she is bout 6 months pregnant?

1 Answer | Asked in Consumer Law, Family Law and Child Custody for Ohio on
Answered on Mar 23, 2017

A female age 16 or 17 can marry with her parents permission.
View Details »

Q: How long is the certificate for parenting class completion valid in TN?

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Answered on Mar 23, 2017

I'm not sure I understand the question- I am assuming you attended the parenting class as part of the divorce back in 2009 as the parenting plan required it, and upon completion, you filed your certificate with the court clerk to prove your attendance. If all this was done, you are in compliance- you don't have to keep re-taking the class as part of new proceedings. However, it can't hurt to take the class again, you might gain new insights and perspectives that will help settle this new...
View Details »

Q: My granddaughter is 16 and seven months pregnant. The father is 18 and she says she is giving him custody. Can she ?

1 Answer | Asked in Child Custody for Ohio on
Answered on Mar 23, 2017

The father would have to go to court to make that happen. And if the court did, the court might have your daughter pay him child support - for the next 18 years. The court would investigate all the circumstances before making any decision, considering what is in the best interest of the baby. She still has a bit of time to decide what to do. Use the Find a Lawyer tab to consult a local family law attorney to provide advice.
View Details »

Q: I'm looking for a lawyer who works pro bono or for low income for family law

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Mar 23, 2017

Contact the bar association in the county in which you live, and ask if there are any low-cost or pro bono attorneys that will consider taking a case like yours. Another resource can be state law schools, who sometimes have law clinics to assist.
View Details »

Q: At what age can a child choose which parent they want to live with? And what steps do they take to accomplish this?

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 22, 2017

A modification case must be filed. A child of 14 can elect the parent with whom they want to live, and the judge will honor it if it is in the child's best interest. The other parents can always contest.
View Details »

Q: Who can give prmision 4 me 2 leave state 4 a few days with grandchild if Cort order in place they can't leave unless prm

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Mar 22, 2017

If you are not a party to the case, you should probably contact the GAL. If you are a party (special or otherwise), you can file a motion (contact the other parties PRIOR to filing to motion to see if they approve). The judge will have to grant the motion before you can lawfully leave the state for a TEMPORARY trip. The motion should include the plan, contact numbers, return dates, and explanation of why this benefits the child. Usually judges allow short trips out of state (esp. if the...
View Details »

Q: Can I refuse communication from my ex if every time she talks to him his behavior gets worse?

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Mar 22, 2017

Yes and no. You are required to follow the terms of the current custody agreement (presumably the phone calls are included in the custody agreement). Failure to follow the terms can result in court sanctions, but some parents choose to take that risk. If you wish to prevent these calls, you will need to file for a modification of the custody agreement. If you think it is advisable, you can also make contact with your ex to see she can be less hostile on the phone. In the alternative, you can...
View Details »

Q: I was wondering what are the oregon laws on custody and Visitation when the father uses illegal drugs??

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oregon on
Answered on Mar 22, 2017

Your question doesn't make sense. With respect to custody and parenting time the court generally makes a customized order for each case. Generally speaking you need to keep your child out of any potentially dangerous situation and that includes keeping the child away from a parent who is actively abusing drugs. It sounds like you have already gotten a protective order and you are just waiting for it to be served. If the protective order states that you don't have to let your child go and...
View Details »

Q: Hi My name is Mark, I'm 27 and I'm a British Citizen. I'm currently living in Irvine, Orange County, CA.

1 Answer | Asked in Criminal Law, Child Custody, Child Support and Domestic Violence for California on
Answered on Mar 22, 2017

You can file for custody and visitation in this court even if you're not a US citizen or permanent resident. You may also seem immigration relief under VAWA. See: http://www.ncdsv.org/images/FAQ_VAWA%20and%20Gender.pdf

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
View Details »

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.