Child Custody Questions & Answers by State
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Child Custody Questions & Answers
Q: Can I deny visitation due to bed bug infestation. Child have hundreds of bites when they come back from father's home
Ray Choudhry's answer
The procedure is to ask the court to terminate or modify father's parenting time until the matter is resolved.
The procedure is to ask the court to terminate or modify father's parenting time until the matter is resolved.
Q: I have 50-50 with my ex- I planned a vacation with kids she agreed to and now is saying no- can she do this?
Cary B. Hall's answer
It depends on what your custody agreement says. Presumably there's *no* language in it that allows one parent to outright "veto" the vacation of the other. There may be language that requires one parent to give the other some kind of notice of the vacation, including dates, location, contact information, etc. There may be a requirement that such notice be given a certain number of days in advance of the vacation. But I've never seen a custody agreement that gives one parent the ability to...
It depends on what your custody agreement says. Presumably there's *no* language in it that allows one parent to outright "veto" the vacation of the other. There may be language that requires one parent to give the other some kind of notice of the vacation, including dates, location, contact information, etc. There may be a requirement that such notice be given a certain number of days in advance of the vacation. But I've never seen a custody agreement that gives one parent the ability to...
Q: I have 50/50 custody but im working out of state and the mother went and filed for full custody but I'm in Maryland
Cary B. Hall's answer
It depends in which state the custody order was entered - perhaps. In light of the 50/50 custody split, your custody order may also state which court will have jurisdiction for future modifications if you and the child's mother live in different states. Honestly, it's unclear from your question where everyone is right now (you, your child, and your child's mother).
Regardless, you should file an opposition to the petition to modify custody to preserve your rights, and perhaps you...
It depends in which state the custody order was entered - perhaps. In light of the 50/50 custody split, your custody order may also state which court will have jurisdiction for future modifications if you and the child's mother live in different states. Honestly, it's unclear from your question where everyone is right now (you, your child, and your child's mother).
Regardless, you should file an opposition to the petition to modify custody to preserve your rights, and perhaps you...
Q: I already have custody agreement but spouse continues to be late on child return to me times, what can I do?
Cary B. Hall's answer
You asked the same question yesterday, and I'll give you largely the same answer today. You're in a tough situation, admittedly. Is he in violation of your custody order? Technically yes. Does he get the Co-Parent of the Year Award? Absolutely not. But sometimes you have to pick and choose your battles. Only you know if this is one of those battles to pick.
You've added additional details that you *are* keeping track of all of his transgressions -- and that's a good start. As far as...
You asked the same question yesterday, and I'll give you largely the same answer today. You're in a tough situation, admittedly. Is he in violation of your custody order? Technically yes. Does he get the Co-Parent of the Year Award? Absolutely not. But sometimes you have to pick and choose your battles. Only you know if this is one of those battles to pick.
You've added additional details that you *are* keeping track of all of his transgressions -- and that's a good start. As far as...
Q: The ex of a friend refuses to supply his new address., but the ex knows my friends address. Can he reuse to supply it?
Joseph Jaap's answer
If the court order specified a location to make the transfer, that is what they must do, and they must comply with the parenting time as ordered by the court. If no location is specified by the court or in the parenting agreement, and they cannot agree, then one of them should return to court and ask for the court to decide. But their parenting agreement might require mediation before doing that. As long as he remains on a public street, the police are not going to do anything.
If the court order specified a location to make the transfer, that is what they must do, and they must comply with the parenting time as ordered by the court. If no location is specified by the court or in the parenting agreement, and they cannot agree, then one of them should return to court and ask for the court to decide. But their parenting agreement might require mediation before doing that. As long as he remains on a public street, the police are not going to do anything.
Q: Wife filed for divorce (CO). wants to kick me out for emotional reasons... but we are civil, and there are no threat
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Custody, Divorce and Family Law
for
Colorado
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
John Hyland Barrett III's answer
Once a divorce is filed, the court can determine whether one of you has to leave. The court's primary concern will be the welfare of the children. The court can also enter orders for the return of the children if she does not return with them. You should retain an attorney to make sure your children are protected.
Once a divorce is filed, the court can determine whether one of you has to leave. The court's primary concern will be the welfare of the children. The court can also enter orders for the return of the children if she does not return with them. You should retain an attorney to make sure your children are protected.
Q: can a bipolar mom lose custody of her child for "predictive neglect"? she is bipolar very mentally unstable.
Ellen Cronin Badeaux's answer
Hire a custody attorney to file for emergency custody. You have the grounds to do so.
Hire a custody attorney to file for emergency custody. You have the grounds to do so.
Q: Hello my name is Amy I am needing legal advice on my daughter her grandma wants me and my child's father to sign joint
Timothy Denison's answer
You should never give custody away voluntarily bc it can be very difficult to get it back. It could negatively affect your second child. Highly recommend you Regan custody for yourself.
You should never give custody away voluntarily bc it can be very difficult to get it back. It could negatively affect your second child. Highly recommend you Regan custody for yourself.
Q: If my ex husband doesn't respond to my messages on talking and he won't turn in the court papers. Is he in default?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
California
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
Angelina Bradley's answer
“Default” means something specific in the law. It means you’ve properly served him, filed the proof of service with the court, he’s had time to respond, and he’s chosen not to after the required period of time.
If all that has happened, you can move forward in your case and ask for a default judgment.
“Default” means something specific in the law. It means you’ve properly served him, filed the proof of service with the court, he’s had time to respond, and he’s chosen not to after the required period of time.
If all that has happened, you can move forward in your case and ask for a default judgment.
Q: Is it legal in Oregon to force one father to pay for his and another fathers child?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Oregon
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
Vincent J. Bernabei's answer
You cannot sign away your responsibility to pay child support unless the child is adopted by another person. Your monthly support obligation is based upon your and mother's incomes, and should take into account that mother has two "non-joint" children. This factor could actually increase your child support obligation. Whether the father of one of mother's other children is actually paying child support should not affect your child support obligation under the presumed amount of support.
You cannot sign away your responsibility to pay child support unless the child is adopted by another person. Your monthly support obligation is based upon your and mother's incomes, and should take into account that mother has two "non-joint" children. This factor could actually increase your child support obligation. Whether the father of one of mother's other children is actually paying child support should not affect your child support obligation under the presumed amount of support.
Q: Is there any type of law that requires my ex to inform me if he is going to be away from my kids for an extended time?
Laura B. Butler's answer
While it certainly would be good practice if he were to keep you informed of such an absence, if the order does not require him to keep you informed when he leaves the children for an extended unpredictable amount of time then he would not be in violation of the order if he did not share that information with you. Much of this answer depends on the exact language of your custody order.
While it certainly would be good practice if he were to keep you informed of such an absence, if the order does not require him to keep you informed when he leaves the children for an extended unpredictable amount of time then he would not be in violation of the order if he did not share that information with you. Much of this answer depends on the exact language of your custody order.
Q: If there's no physical evidence that a person is in contempt of court (abuse), what other evidence is admissible?
Angelina Bradley's answer
Courts generally frown upon the children testifying directly with the court -- preferring to keep them at arms length from the proceedings. That said, there are ways to do this. A child custody evaluation or a minor's counsel appointment may get some court-admissible insight to what is going on. In Tulare County, sometimes recommending mediators will talk to the children directly if they are old enough.
You're right, though. You're going to need evidence to prove this case.
Courts generally frown upon the children testifying directly with the court -- preferring to keep them at arms length from the proceedings. That said, there are ways to do this. A child custody evaluation or a minor's counsel appointment may get some court-admissible insight to what is going on. In Tulare County, sometimes recommending mediators will talk to the children directly if they are old enough.
You're right, though. You're going to need evidence to prove this case.
Q: Husband living with other woman (other state), doesn’t financially support me or kids but wants 50/50 custody.
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
California
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
Angelina Bradley's answer
The fact your husband is in another state will make 50/50 custody impracticable. Someone will need to be the primary residential parent for the school year.
While child custody/visitation and child support are related, they are not the same. A parent who does not pay child support still has a right to see their child (as does the child to see the parent). Non-payment of support alone is not a reason to withhold visitation or communication.
That said, you may have a case for...
The fact your husband is in another state will make 50/50 custody impracticable. Someone will need to be the primary residential parent for the school year.
While child custody/visitation and child support are related, they are not the same. A parent who does not pay child support still has a right to see their child (as does the child to see the parent). Non-payment of support alone is not a reason to withhold visitation or communication.
That said, you may have a case for...
Q: My ex and I had settled for 50/50 custody last year, however since then my ex hasn't tried to comply to this order.
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
California
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
Angelina Bradley's answer
My general advice is to hire an attorney, but the reality of the situation is this: if the facts are as bad as you allege, and you can back that up with evidence, then you probably have a case you can prosecute on your own for sole custody.
Contact your local courthouse's self-help center for copies of the forms you'll need to file. Some local public law libraries hold classes or workshops on how to file paperwork and prepare for hearings.
Another option: Some attorneys (like...
My general advice is to hire an attorney, but the reality of the situation is this: if the facts are as bad as you allege, and you can back that up with evidence, then you probably have a case you can prosecute on your own for sole custody.
Contact your local courthouse's self-help center for copies of the forms you'll need to file. Some local public law libraries hold classes or workshops on how to file paperwork and prepare for hearings.
Another option: Some attorneys (like...
Q: Dad is incarcerated, married with child (14 months) mother moved to WA. What rights does dad or g-parents have to visit?
Regina Irene Edwards' answer
There isn't enough information to answer the question. The answer differs depending on whether the parties are married, if not married, whether there is legitimation and / or a custody order in place. It's best to consult a family law attorney to discuss your specific case.
There isn't enough information to answer the question. The answer differs depending on whether the parties are married, if not married, whether there is legitimation and / or a custody order in place. It's best to consult a family law attorney to discuss your specific case.
Q: I already have custody agreement but spouse continues to be late on child return to me times, what can I do?
Cary B. Hall's answer
You're in a tough situation, admittedly. Is he in violation of your custody order? Technically yes. Does he get the Co-Parent of the Year Award? Absolutely not. But sometimes you have to pick and choose your battles. The only person that knows if this is one of those battles is you.
Perhaps you do start keeping track of everything within a daytimer (and if you don't have one, get one), and after several more consistent transgressions, file a petition for contempt. At worst, it...
You're in a tough situation, admittedly. Is he in violation of your custody order? Technically yes. Does he get the Co-Parent of the Year Award? Absolutely not. But sometimes you have to pick and choose your battles. The only person that knows if this is one of those battles is you.
Perhaps you do start keeping track of everything within a daytimer (and if you don't have one, get one), and after several more consistent transgressions, file a petition for contempt. At worst, it...
Q: According to Louisiana considered decree (Bergeron standard) what qualifies as a 'material change in circumstances'?
Ellen Cronin Badeaux's answer
You need to talk to a custody lawyer who can tel you if your circumstances qualify. It's like Justice Stevens said, you know it when you see it
You need to talk to a custody lawyer who can tel you if your circumstances qualify. It's like Justice Stevens said, you know it when you see it
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