Child Custody Questions & Answers

Q: I have joint custody with my ex. He lives in Georgia, I don't. Can I file for full custody??

1 Answer | Asked in Child Custody for Connecticut on
Answered on Feb 20, 2017

Yes, you can file for that. But getting a lawyer who specializes in this area of law and can help you put together the evidence in the right way is very helpful. Here is a list of lawyers that specialize in family law near you: https://www.justia.com/lawyers/family-law/connecticut/enfield
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Q: How can I regain custody after the grandmother had temporary custody for two years.

1 Answer | Asked in Child Custody for New Jersey on
Answered on Feb 20, 2017

You will need to retain an attorney in NJ. This will not be an inexpensive process. You could easily spend over $20,000 in legal fees, plus expert fees. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is...
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Q: Is it possible for me to file 3rd party harassment on my bf's baby mama and her boyfriend?

1 Answer | Asked in Family Law, Child Custody and Criminal Law for Colorado on
Answered on Feb 20, 2017

Justia's Q&A section is for general legal questions, it cannot provide representation or specific legal advice because this would create an attorney-client relationship (which is expressly disclaimed in the Q&A section). For representation and/or specific legal advice you will need to either hire a lawyer or apply for legal aid (Colorado Legal Services has offices in all CO counties and most bar associations have free to low costs attorney lists). For criminal matters a public defender may be...
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Q: Can my lawyer renegotiate my time with my children with my ex's lawyer and not tell me, that they changed what we agree

1 Answer | Asked in Child Custody for Colorado on
Answered on Feb 20, 2017

NO! Your lawyer is authorized to negotiate on your behalf and can recommend a particular action/inaction, but a lawyer cannot force you accept a negotiated agreement. There are always exceptions (mostly related to emergencies, inability to be in contact with a client or prior authorization), but a lawyer cannot force a client to accept a deal. Be aware, the lawyer may have negotiated the best possible deal. Also, your refusal will likely result in increased legal fees and may potentially sour...
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Q: How do I obtain custody my children?

1 Answer | Asked in Adoption, Child Custody and Family Law for Rhode Island on
Answered on Feb 20, 2017

Custody matters are complex and best addressed with the assistance of a professional. Look for, and retain a family court attorney, to make sure you case is presented well.
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Q: How can I keep full rights to my son?

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

Parents have constitutionally protected rights regarding their relationship with their children. Unless there is some legitimate reason to restrict the father's contact it is likely the father will be entitled to and should receive visitation including overnight visitation. However, when the child is very young and/or a newborn and during the time you are nurturing and breast-feeding the child-- if that is the case-- that would be one potential reason to limit the contact to ensure the child...
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Q: Required to pay c.s. if mom told judge she took care of child, but does not take care of child?

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Answered on Feb 20, 2017

You must pay the court ordered amount until the court changes the amount. To change that, you must file for a change with the court based on changed circumstances. You might also ask for a change in custody since mother abandoned the child. Use the Find a Lawyer tab to find a local attorney to consult.
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Q: I am 17 1/2 a half what rights do I have regaurding my mother trying to move me to new jersey. Do I have to go?

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

Your father may be able to object to the move-away based on your school needs to finish high school as well as continued time with your dad. Alternatively, you may consider filing for emancipation. 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 website. I practice law in CA,...
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Q: Filed a JV180 in Sacramento county. They granted me a hearing . Would like to know how I should prepare for hearing

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

Hire an attorney, gather evidence, subpoena witnesses, continue with discovery matters: there are many possible steps. 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 website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: My bf was arrested on a false felony DV charge because his baby mama's boyfriend.. but he lives in another county

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Colorado on
Answered on Feb 20, 2017

The best advice is to contact a family law attorney for the custody matters and a criminal law for the DV claim (some attorneys handle both family law and criminal law matters).

The residence of the parties is not a factor for DV claims. For DV claims there must be a injury (personal or property) and the parties needed to have a domestic relationship at some point (note: DV claims do not need to occur at a household and can include 3rd parties connected to the people who had/have a...
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Q: My step son lives in a house with 11 other people. Is that ground to file for sole custody?

1 Answer | Asked in Child Custody for Georgia on
Answered on Feb 20, 2017

This may be a good reason to file for custody. The judge can consider this and many other factors. Depending on the age of the child, he may have a say where he lives.
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Q: My brother is trying to fight for full custody but her mom lives in nj and we live in ny where dose he take her to court

1 Answer | Asked in Child Custody for New York on
Answered on Feb 20, 2017

It depends on where the child lives and for how long, per the UCCJEA. See: http://www.lrcvaw.org/laws/nyuccjea.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 website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: I was never served with custody papers while incarcerated. Is it possible for me to prove that and get joint custody?

1 Answer | Asked in Child Custody for California on
Answered on Feb 20, 2017

No predictions are possible, but you should pursue your custody and visitation rights in court, bringing all evidence to support your cause. 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 website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Changing primary custody in multi-state situation.

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

Lots of questions that an attorney needs to know in a private consultation in your situation - what state issued the current custody order? If it wasn't in VA, how long has the child lived in VA? If he is in school, is it appropriate to try to change custody in the middle of the school year?

A good start would be to speak with an attorney close to where the child resides in VA to get an idea of what step should be next in your specific situation. Good luck!
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Q: Can the judge really give him full custody because I'm ignoring his calls ?

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

Do not be intimidated by his threats. None of what he told you is true. And please - preserve all his text messages where he threatens to kill you. In fact, you could report those threats to the police. An unmarried mother automatically has full legal custody of her child. The father has to go to court to establish any parental rights at all. The court will determine which parent is best able to provide care for a child. If the either parent has drug problems or other issues, the court...
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Q: Wanting my son to come live with me. He is almost 14 and we have never established official custody

1 Answer | Asked in Child Custody for Georgia on
Answered on Feb 20, 2017

You will need to legitimate him and file for custody. Even though you may be the birth father, in Georgia, you need to legitimate the child before you obtain custody.
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Q: My daughter is 14 and she's now living with me full time. What course of action should I take to make it legit and legal

1 Answer | Asked in Divorce, Child Custody and Child Support for Georgia on
Answered on Feb 20, 2017

If you are the father and haven't legitimated her, you may be able to file the legitimation, custody, and child support petition in one action.
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Q: I want to separate from my spouse. She refuses to leave the home. The relationship is caustic at best.

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Answered on Feb 19, 2017

Leaving with the children out of state without her consent or a Court order allowing it could land you in criminal trouble. You need to consult with a local family law attorney and discuss a divorce from bed and board and other options. Of course the cheapest way is for you and her to sit down and work out something fair for both of you. Best of luck!
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Q: Can i move? Staying withing 50 miles of my last residance, and no permenant parenting plan.

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

Check out the relocation statute 61.13001. Since you are still in the midst of litigation you should consult an attorney to discuss strategies and ways to accomplish your ultimate goals regarding a parenting plan with the father.
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Q: can my ex force me to go to NJ to fight for custody of our children if she had previously signed away custody in FL

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

If the Florida court entered a final order, the New Jersey court doesn't have jurisdiction. Check the Florida court file (contact the clerk or look online) to see if the judgment is in there.
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