Child Custody Questions & Answers

Q: what is a non constestent divorce an what do it tells when there is kids invovled

1 Answer | Asked in Child Custody and Divorce for Virginia on
Answered on Oct 20, 2017

An uncontested divorce is a divorce where the spouses have no disagreements over any issues related to the marriage. This means that the spouses have divided all of their marital property/assets, debts, and spousal support. If child custody, visitation, and child support are in dispute, those matters can be taken care of in the Juvenile and Domestic Relations District Court. The Circuit Court is the court that grants a divorce. If child custody, visitation or child support is raised as a...
View Details »

Q: How can i call and talk to a lawyer for free about a custudy case?

1 Answer | Asked in Child Custody for Virginia on
Answered on Oct 20, 2017

Find a lawyer/law firm, and ask whether there is a consultation fee. There are lawyers/ law firms that provide free initial consultations.
View Details »

Q: Hello, my ex has recently gotten married. My concern is that his new wife very openly uses marijuana.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Oct 20, 2017

Only if there is a specific provision in your custody and visitation order (if you have one) regarding drug use as it relates to visitation. What you can do is file a motion to amend custody/visitation (again if you have a custody and visitation order) and present evidence to the court regarding your ex's new wife's marijuana use.
View Details »

Q: My mother in law adopted my 3 girls. My rights were ended. The grandmother has passed. Any chance of me gaining custody?

1 Answer | Asked in Family Law and Child Custody for Alabama on
Answered on Oct 20, 2017

This is an Indiana matter. You need to ask an Indiana lawyer.
View Details »

Q: My son's father hasn't seen, talked, or anything of that nature to my son for 3months and 2weeks. What should I do? NYS

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Oct 20, 2017

In order for your Fiancé to adopt your child, the father must either agree to give up his parental rights in writing or a basis must be established that would justify terminating the father's parental rights. Under New York Statute, the court is authorized to terminate parental rights where there is a showing the parent abandoned the child. Other justifications include permanent neglect, mental illness, or upon a finding of a significant intellectual disability.

Based on the facts that...
View Details »

Q: can I change my son's last name without his father's consent?

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Alabama on
Answered on Oct 20, 2017

No. You should go to Court and terminate the parental rights of the father.
View Details »

Q: Can I lose custody of my daughter if at the moment imnot working?Im in a toxic relationship & want out but no job.help

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Answered on Oct 20, 2017

Economics rarely, if ever, factors into custody decisions. Custody orders are based on what is in the best interest of the child. If you are awarded custody, the fact of your employment is simply evidence in support of your need for child and spousal support. Why do you want to share custody with someone you have described as "known to be violent". You need an attorney. If you cannot afford one, you can file a motion with the court asking that the court order your spouse to help pay your...
View Details »

Q: Biological father terminated his rights and husband adopted. Can biological father ever regain his rights in Texas?

1 Answer | Asked in Adoption, Family Law and Child Custody for Texas on
Answered on Oct 20, 2017

It will depend on whether the initial termination and adoption was done correctly. Please consult with the attorney that handled the adoption for specific answers.
View Details »

Q: I am 17 and have been recently been adopted. I will be 18 in 8 months. Could I legally move out?

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Tennessee on
Answered on Oct 20, 2017

No, under Tennessee law, you are not an adult until you reach age 18, and until that age you are subject to juvenile court jurisdiction for failure to obey your parents as an "unruly' child.
View Details »

Q: Can a pardoned felon be a guardian in Arkansas?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Oct 19, 2017

Theoretically, yes. Arkansas law specifies that “unpardoned” felons cannot be guardians. Ark. Code Ann. § 28-65-203.
View Details »

Q: If I'm on the birth certificate, as the biological father, can I pick up my child from a grandparents or daycare center?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Oct 19, 2017

You’ll need to file a petition to establish paternity. A birth certificate alone is not enough. You have no right to the child if you were never married to the child’s mother until you establish paternity. Then you can ask for visitation or custody.
View Details »

Q: Can my son's father disappear and leave my son with family members/friends if he's the custodial parent?

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Answered on Oct 19, 2017

You should schedule a consultation with an attorney to see if you might have a case for a modification of your current order.
View Details »

Q: How can I get my childs passport if her dad has never been there? He signed the birth certificate.

1 Answer | Asked in Child Custody for Georgia on
Answered on Oct 19, 2017

You have to get him to sign, or go to court to get an order allowing you to obtain a passport without him. You should speak to an experienced family law attorney to do this.
View Details »

Q: myself and kids mom have joint custody from NJ courts. we moved to FL and she moved out with kids. will FL honor NJ.

1 Answer | Asked in Child Custody for Florida on
Answered on Oct 19, 2017

Normally a custody decree is awarded in the case of a divorce or separation. If this is the case, were you and the children's' mother still living together for some reason? Yes, the Florida courts will probably honor a New Jersey custody decree, pursuant to the Uniform Child Custody and Jurisdiction Act, which is the law in both states.
View Details »

Q: I need info and advice about getting custody of my baby back from temporary guardian. Oklahoma requirements

1 Answer | Asked in Child Custody for Oklahoma on
Answered on Oct 19, 2017

You should hire an attorney to help you determine if you will be able to terminate the guardianship.
View Details »

Q: I recently got in contact with my daughter who is 15 and I haven't seen since she was 9mths...i was unable to find them

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Oct 19, 2017

Have you been legally established as the father? Is your name on the birth certificate? Can we assume that your parental rights were not terminated either by an adoption or a court order? Has there ever been any order with respect to custody of your daughter? You probably should talk to an attorney about these questions and get advice as to what you need to do.

As a practical matter, you can contact the mother and just see if she will let you spend time with your daughter. You...
View Details »

Q: Can a father get custody of one child if he owes support for another?

1 Answer | Asked in Child Custody and Child Support for California on
Answered on Oct 19, 2017

Custody orders are rarely, if ever, based on economics. He can get custody if his having custody is in the best interests of that child, whether he owes child support or not.
View Details »

Q: mother trying to get custody back from her aunt ?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Oct 19, 2017

Saying whether or not someone has a good chance of prevailing is an exercise in guesswork and not really productive without more information. Custody in PA is governed in general by the 16 factors that judges are charged with considering in any case. Foremost of all of these is what is in the best interest of the child. In many cases such as yours custody can be returned. More importantly the ground work for visitation should be settled so you are a part of your children's lives. It is...
View Details »

Q: I pay child support do I have right

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Oct 19, 2017

In Georgia, an unmarried father has no rights until he files for legitimation. You can file for legitimation so you can have court ordered parenting time.

_____________________________________________________

Regina I. Edwards is the Owner of Edwards Family Law.

Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.

www.EdwardsDivorceLaw.com...
View Details »

Q: After served with child custody modification papers when do you have to respond what happens next

1 Answer | Asked in Child Custody for Georgia on
Answered on Oct 19, 2017

You have 30 days to respond. You should consult a family law attorney about your case immediately so you can file the appropriate response.

_____________________________________________________

Regina I. Edwards is the Owner of Edwards Family Law.

Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.

www.EdwardsDivorceLaw.com

404.238.7808
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.