Child Custody Questions & Answers by State

Child Custody Questions & Answers

Q: how do i find a discrimination lawyer

1 Answer | Asked in Child Custody for Colorado on
Answered on May 17, 2016

Go to the internet and type in "discrimination attorney" or "civil rights attorney."
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Q: if two parents were never married and split up who has custody

1 Answer | Asked in Child Custody for Rhode Island on
Answered on Mar 31, 2016

Once a petition is filed with the family court, the parties may decide placement, custody, support, and parenting time, with the help of the judge if necessary, and then there will be orders of the court that will become the "law of the case"
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Q: I have hearing for custody of my son in Mass.. I was not formally served. The child is in temporary home.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Answered on Mar 31, 2016

Yes, but if you have moved and not notified the court, they may not have your current address. Also once you are served by the court following dates are often noticed to you during your attendance at court hearings. Custody of ones child is a most important matter and I would strongly advise you to consult with and enlist counsel of your choosing to assist you in presenting your case in the best possible way.
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Q: What do I do if I the non-custodial parent isn't fostering a healthy relationship with the custodial parent?

1 Answer | Asked in Child Custody for Colorado on
Answered on Mar 30, 2016

You have the right to file a motion to modify the parenting time, which can include the court entering orders prohibiting your ex from bringing up these issues. The problem becomes how do you really know. Additionally, it can be difficult to prove what the ex is saying in that your child's statements to you will not be admissible in court, as they are 'hearsay.' The way to get around this may be to get a child and family investigator on board. Your son's statements to that person would...
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Q: If never married and he hasn't helped me with my child for 5years and wants to file joint custody now can I stop him

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 27, 2016

He will have to file an action with the court and you can counterclaim with your evidence. Has he even legitimated the child? If not, then he has no rights and he'll have to file for legitimation. Just be sure you know of all court dates and appear to all the proceedings. You might want to consider a private attorney to assist you. You may call the Atlanta Bar Referral Service and ask for an attorney who specializes in Child Custody in your location, here is the link:...

Q: Can I force my son's father to move if he has mold in his current home?

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 22, 2016

Call DFACs and report that they are living in uninhabitable conditions. Also contact the county to see if the house should be condemed.
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Q: Can i get custody of my legal sister by a Petition for Dependency? If so, how do I go about starting the process?

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 22, 2016

Apply in Probate Court for Guardianship.
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Q: Myself and my sons father were not married(signed birth certificate & legitimized o.c.g.a19-7-21.1). What are my rights?

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 22, 2016

If the court gave him visitation when he filed for legitimation, then he has those rights unless and until you file for a modification. If he has never been given visitation by court order, then he has no rights to visit and he'll have to file with the court for a modification and you'll have time to respond with your concerns. If you are concerned and he has legal rights to visitation, then you can file for a modification showing a significant change in circumstances being the new girlfriend...
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Q: is Full Legal and Physical Custody the same as Sole Legal and Physical Custody

1 Answer | Asked in Child Custody for North Carolina on
Answered on Mar 21, 2016

Full vs Sole is not what matters. What matters is the all the language in the court order/parenting agreement. For example, Dad has sole legal and physical custody subject to visitation with mom every other weekend means the same thing as Dad has full legal and physical custody subject to visitation with mom every other weekend, which means the same thing as Dad has primary legal and physical custody subject to visitation with mom every other weekend. Then if its a well written document, it...
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Q: Is Philadelphia is there a such thing for one parent co-signing/supervising another to help get custody back from state

1 Answer | Asked in Child Custody for New Jersey on
Answered on Mar 16, 2016

You need to ask this question in the PA section.
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Q: I my daughter stays with me but Im no employedbut she is in a stable and great environment and the dad wants to take her

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 7, 2016

It is up to the Judge to determine what is in the best interest of the child. Were you married when the child was born? If not, was the child ever legitimated? If not, then he has no rights until the child is legitimated.

Q: can I get my ex for kidnapping our 6 year old son if we have legal and physical custody I don't know where he lives

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 7, 2016

See the documents to determine if he has to let you know where the child is and how long is he can have the child. If he is in contempt of any of the courts orders, then you can file for contempt and speak to the district attorney about an amber alert and kidnapping charges.
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Q: what paper can a father sign giving his parents custody

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 7, 2016

If the father has never legitimated the kids and you were never married to the man, then he has no rights to give custody to anybody. If he has custody for some reason, he can't "give" custody away to anybody without the approval of the court and if you are the mother you should be notified. You may need to file an emergency action in court to stop whatever he is doing.
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Q: If a past girlfriend is trying to take me to court and saying that I am the father of the child what do I do?

1 Answer | Asked in Child Custody for Georgia on
Answered on Mar 6, 2016

Answer the complaint and if you don't know then state that you don't know. You will be ordered to take a DNA test to find out and then the Judge will set child support and if you want any visitation or custody you can figure that out at that time as well. Just don't ignore her complaint. This is serious and they will put a bench warrant out for your arrest if you ignore it.
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Q: My friend was previously denied custody of her girls missed C-date, dad went to prison just now, where will the kids go?

1 Answer | Asked in Child Custody for California on
Answered on Jan 20, 2016

Your friend needs to immediately consult with and obtain an attorney in Texas. I cannot advise her on the laws of Texas, but in California, she would likely obtain custody.
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Q: My ex and I never married but I want him to have supervised visits only, how do I establish this.

1 Answer | Asked in Child Custody for Georgia on
Answered on Dec 5, 2015

If he has not legitimated the child, then he has no rights. If he files for a legitimation, then take up your issue with the court.
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Q: My ex didn't tell me about a court date regarding custody while getting legitimized, what should I do now

1 Answer | Asked in Child Custody for Georgia on
Answered on Nov 30, 2015

You have to take it up with the court if you think this was improper service. It is your responsibility to keep the court informed of your information so you will know of court dates unless this was the original action. Service by publication is not illegal so long as all other forms have been exhausted first.
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Q: If I take my child from.my husband will.I get in trouble?

1 Answer | Asked in Child Custody for Georgia on
Answered on Nov 30, 2015

File an action with the court for custody/divorce or contact DFACs if you think she is in danger.
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Q: Want to see my son but his mother won't let me. What do I do?

1 Answer | Asked in Child Custody for Georgia on
Answered on Nov 27, 2015

File for legitimation.
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Q: Daughter bio father moved out of state has never provided any support (never married) now she is 2, suddenly wants righs

1 Answer | Asked in Child Custody for Georgia on
Answered on Nov 27, 2015

The biological father can file for a legitimation and you can raise any defenses at that time.
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