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Child Custody Questions & Answers
Q: I have a joint custody order. No corporal punishment clause. Paternal grandmother hit my child. I called Child protect
Cary B. Hall's answer
See what happens with CPS first -- because if there's an "unfounded" result, you'll look pretty foolish instituting a contempt proceeding. I would, however, document the incident via letter or email (not texting!) with the other side, and demand that -- pursuant to your existing court order -- any and all corporeal punishment cease by anyone around your child. That way, the other side is on notice that the incident happened, and you've properly documented it. If it happens again, then you've...
See what happens with CPS first -- because if there's an "unfounded" result, you'll look pretty foolish instituting a contempt proceeding. I would, however, document the incident via letter or email (not texting!) with the other side, and demand that -- pursuant to your existing court order -- any and all corporeal punishment cease by anyone around your child. That way, the other side is on notice that the incident happened, and you've properly documented it. If it happens again, then you've...
Q: State of PA Minor's legal guardians (aunt/uncle) signed over custody to state His father is trying get custody from NC
Kathryn Hilbush's answer
It sounds like you need representation in PA as well as in NC. I suggest that you contact an experienced family law attorney in the PA county where the child was residing when placed in care. This is a long and tedious process and having representation can often get things moving faster.
It sounds like you need representation in PA as well as in NC. I suggest that you contact an experienced family law attorney in the PA county where the child was residing when placed in care. This is a long and tedious process and having representation can often get things moving faster.
Q: My daughter is 17. She has been living full time with us since Oct. I am filing for support.
Kathryn Hilbush's answer
You've already spoken with a local attorney and obtained what sounds like decent advice. You don't have to have a custody order in order to obtain support. You can demonstrate that she lives with you through school and medical records and other paperwork which would tend to prove that she lives with you. I don't think it's a wise idea as a parent to bring your daughter to court, and the court may not want to hear from her, but that's ultimately your decision as her parent.
You've already spoken with a local attorney and obtained what sounds like decent advice. You don't have to have a custody order in order to obtain support. You can demonstrate that she lives with you through school and medical records and other paperwork which would tend to prove that she lives with you. I don't think it's a wise idea as a parent to bring your daughter to court, and the court may not want to hear from her, but that's ultimately your decision as her parent.
Q: Do I have to file a relocation notice in PA if staying in the same school district and it doesn't affect current order?
Kathryn Hilbush's answer
If the relocation will not interfere with the non-custodial aprent's time with the child by, for example, increasing the travel time significantly, then you should be okay without sending a relocation notice. However, since I don't have all the details, I can't be certain. You may want to have a brief in office consultation with an experienced family law attorney in your area to be certain you'll be good without sending the notice.
If the relocation will not interfere with the non-custodial aprent's time with the child by, for example, increasing the travel time significantly, then you should be okay without sending a relocation notice. However, since I don't have all the details, I can't be certain. You may want to have a brief in office consultation with an experienced family law attorney in your area to be certain you'll be good without sending the notice.
Q: I’m 20 years old and I am receiving child support. I have no plans of going to college. I want to terminate my child
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Puerto Rico
on
Answered on Nov 13, 2018
Answered on Nov 13, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. No child support does not automatically end when you turn twenty one. The person paying the child support must file a motion in court requesting that the child support order be eliminated. Child support payments must continue until the court issues a ruling on the matter.
Hello and thank you for using JUSTIA. No child support does not automatically end when you turn twenty one. The person paying the child support must file a motion in court requesting that the child support order be eliminated. Child support payments must continue until the court issues a ruling on the matter.
Q: If my ex husband is trying to take full custody of my 16 year old and 11 year old, can I tell my children?
Andy Cook's answer
You may, absent a court order to the contrary; but you shouldn't. Keep the kids out of it until it is no longer possible.
You may, absent a court order to the contrary; but you shouldn't. Keep the kids out of it until it is no longer possible.
Q: Joint custody every 3 months til child starts school. She’s in school for about 6 months now. Custody still apply?
Ellen Cronin Badeaux's answer
Yes the Judgment still applies until there is a new one. You need to hire a custody attorney to file a Motion to Modify. If he doesn't show up, you get everything you want.
Yes the Judgment still applies until there is a new one. You need to hire a custody attorney to file a Motion to Modify. If he doesn't show up, you get everything you want.
Q: Will my daughters parental rights be terminated?
Pete David Louden's answer
There is no way to know the likely outcome without knowing all of the background and facts. She should have an attorney. That attorney would be in the best position to answer this question as they know all the details if the case.
There is no way to know the likely outcome without knowing all of the background and facts. She should have an attorney. That attorney would be in the best position to answer this question as they know all the details if the case.
Q: Are you able to help in the Idaho falls are?
Kevin M Rogers' answer
Sorry, it would be too expensive to have to fly from Boise to Idaho Falls every time. However, if you're serious and could afford to fly me to Idaho Falls, I can make time on my calendar.
Sorry, it would be too expensive to have to fly from Boise to Idaho Falls every time. However, if you're serious and could afford to fly me to Idaho Falls, I can make time on my calendar.
Q: I'm needing a lawyer in northeast ga who can practice in south carolina for divorce and child custody
2 Answers
| Asked
in
Divorce, Family Law, Child Custody and Child Support
for
Georgia
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
P. Justin Thrailkill's answer
Look at the lawyer directory on Justia and call around. People are not permitted to solicit business in this forum, so you aren't going to get any responses if that is what you are looking for. You need to do the legwork on your own to find someone who is licensed to practice in South Carolina.
Look at the lawyer directory on Justia and call around. People are not permitted to solicit business in this forum, so you aren't going to get any responses if that is what you are looking for. You need to do the legwork on your own to find someone who is licensed to practice in South Carolina.
Q: If a spouse wants to move back to their home town (1.5 hours away) can the kids move with that parent?
Joseph Jaap's answer
If the parents are married, they have to work it out between them. The court is not involved, and either can take the children anywhere they want. But if the other one objects, then that parent can file for divorce, and then the court will be involved and decide custody. A court would probably disregard any agreement before marriage, since the situation now is different, and the court makes custody determinations based on what is in the best interest of the children now. Before doing...
If the parents are married, they have to work it out between them. The court is not involved, and either can take the children anywhere they want. But if the other one objects, then that parent can file for divorce, and then the court will be involved and decide custody. A court would probably disregard any agreement before marriage, since the situation now is different, and the court makes custody determinations based on what is in the best interest of the children now. Before doing...
Q: My ex wants to bring the kids in on custody to ask what they want in front of the judge - can I fight this?
Leonard R. Boyer's answer
That will depend on the ages of the children. If the children are too young, they will not be allowed to be involved. Under New Jersey state law, it is assumed that regular contact with both parents is in the best interests of the child, though certain circumstances can change that. However, there are other factors that go into determining a child’s best interests and which custody arrangement can best serve those interests.
These factors include:
Your child’s relationship...
That will depend on the ages of the children. If the children are too young, they will not be allowed to be involved. Under New Jersey state law, it is assumed that regular contact with both parents is in the best interests of the child, though certain circumstances can change that. However, there are other factors that go into determining a child’s best interests and which custody arrangement can best serve those interests.
These factors include:
Your child’s relationship...
Q: Can a mother change my child last name without the father consent
1 Answer
| Asked
in
Adoption, Child Custody and Child Support
for
Georgia
on
Answered on Nov 10, 2018
Answered on Nov 10, 2018
Q: Can a Power of Attorney terminate a child support? Child living with grandparents due to sibling mental health problems?
2 Answers
| Asked
in
Child Custody, Child Support and Family Law
for
Georgia
on
Answered on Nov 10, 2018
Answered on Nov 10, 2018
Regina Irene Edwards' answer
You can't give your children to your parents with a Power of Attorney. If you want your parents to take custody, you will need a temporary guardianship, and your ex-husband will have to be served with the paperwork.
You can't give your children to your parents with a Power of Attorney. If you want your parents to take custody, you will need a temporary guardianship, and your ex-husband will have to be served with the paperwork.
Q: My friend recently came out as a lesbian and now her ex husband is flipping out. Can he take her kids away from her?
Elizabeth Pugliese's answer
Custody is determined by a number of factors based on the best interest of the children. Sexual orientation is not one of the factors. If she has a new partner, the character of the new partner may matter -- regardless of gender of the new partner.
Custody is determined by a number of factors based on the best interest of the children. Sexual orientation is not one of the factors. If she has a new partner, the character of the new partner may matter -- regardless of gender of the new partner.
Q: I hired an attorney for a child custody case I spoke on the phone with her numerous times I signed her contract
Pete David Louden's answer
I think the only person that can explain the conflict, time line, and circumstances is that attorney. The silver lining is you now have the opportunity to hire an attorney that wants to help you.
I think the only person that can explain the conflict, time line, and circumstances is that attorney. The silver lining is you now have the opportunity to hire an attorney that wants to help you.
Q: What would be a valid reason to request telephonic hearing for a custody case?
Randi Sirlin's answer
If the person who advised you suggested asking for a telephonic hearing because you have a warrant out for you, my guess would be that person is trying to shield you from being arrested for the probation violation.
If it were me, I would address the probation violation with a criminal defense attorney.
If you were advised to ask for a telephonic hearing for something such as what is called a, "resolution management conference," those are sometimes granted by the Court to save...
If the person who advised you suggested asking for a telephonic hearing because you have a warrant out for you, my guess would be that person is trying to shield you from being arrested for the probation violation.
If it were me, I would address the probation violation with a criminal defense attorney.
If you were advised to ask for a telephonic hearing for something such as what is called a, "resolution management conference," those are sometimes granted by the Court to save...
Q: single father custody of children paying 633 a month in child support court case 11/28/18
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
California
on
Answered on Nov 9, 2018
Answered on Nov 9, 2018
Andy Cook's answer
You should immediately file a motion to modify child support to zero, or even to have the mother pay you child support.
Beyond that, at the hearing on 11/28/18, you should ask for an equitable offset and a refund because the mother was getting child support even though you had the child or children in a different state.
I am out of the office today, but I will be back on Tuesday at 619-515-9900.
You should immediately file a motion to modify child support to zero, or even to have the mother pay you child support.
Beyond that, at the hearing on 11/28/18, you should ask for an equitable offset and a refund because the mother was getting child support even though you had the child or children in a different state.
I am out of the office today, but I will be back on Tuesday at 619-515-9900.
Q: What can I do to get seeing rights for my brother?
Kathryn Hilbush's answer
The issue for you will be whether you have what is called "standing." You should schedule a consultation with an experienced family law attorney in your area to discuss your situation n detail to determine whether you should file a petition or try to work with your aunt outside of court.
The issue for you will be whether you have what is called "standing." You should schedule a consultation with an experienced family law attorney in your area to discuss your situation n detail to determine whether you should file a petition or try to work with your aunt outside of court.
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