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Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Ohio on
Q: What rights do I have to my child

We aren’t married Father is in and out of life moved 45 minutes away is behind on child support and doesn’t help with anything

Matthew Williams
Matthew Williams answered on Jul 29, 2021

If you were not married when the child was born and paternity has not been established either in court or by affidavit, you have custody and he does not.

3 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I have full physical custody & 50% legal in California I moved to Arizona 2 yrs ago can I open a case in az?

1 child moved here already mom won’t allow second child to move

Randi Sirlin
Randi Sirlin answered on Jul 28, 2021

You may be able to do so. You would need to "domesticate the judgment." I recommend you contact an experienced family law attorney to discuss the matter further.

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1 Answer | Asked in Adoption, Child Custody and Divorce for Florida on
Q: Uncontested Divorce trying to be civil how to give step parent visitation without allowing them to adopt the child

Oldest child isnt biological the step parents kid. He has been going with his brothers since we split during timesharing with mom how to write that into paperwork without allowing him to be legally adopted his real mom abandoned him 11 years ago but is still on birth certificate I have paperwork... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Jul 28, 2021

Permitting the step-parent timesharing wouldn't be causing the the person to legally adopt - an adoption process would need to be initiated. However, you may be entering into an agreement/contract to give a person rights they may not otherwise have. As such, I strongly suggest you schedule a... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 28, 2021

In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I left several messages and emails over 2months but my attorney hasn't contacted me. I need help. What do I do?

Her office stated they would inform her of my issues. That was a week ago.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 28, 2021

I think you already know what you have to do. Terminate her representation . You have the absolute right to do so and to receive a refund of any unused retainer fee that you paid.

Divorce is tough enough, you don't deserve any problems from the one who is supposed to be trying to...
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1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for New York on
Q: Girlfriend left me. Left her teen behind. No guardian.I have no income. Teen's Dad long gone. CPS won't return calls.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2021

You need to call the CPS hotline in Albany and make a report of a teen with no parents and no support. They have to send someone out within 48 hours to check on the situation and make a determination.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can the respondent take me back to court after everything?

I was present at hearing they were not they didn’t file either but was present at mediation where judge told us date and time of hearing. Respondent claims they never received any emails or letters about our case and it’s also listed on the court website. Now respondent wants to take me back to... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 27, 2021

The Respondent has the right to ask the Court to excuse their absence or set aside the orders. Respondent will also have a chance to appeal. Though not impossible for the Respondent to win, they are very difficult to win.

Once the Court issues the orders, the orders cannot be modified for...
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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My child's father has not been seen since I was 2 months pregnant.

He contacted me via text while I was pregnant, but never asked me about the baby. I always kept lines of communication open and told him he could ask at any time. My child is almost 1 now, he has not tried to make any contact. I changed my number (new phone) but he knows where I live. I have not... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Jul 27, 2021

It sounds like the first thing that he would have to do is file a claim with the court requesting to establish paternity. Assuming he is the father and paternity is established he would then need to request sole or joint custody, or request that he be given visitation rights.

The key...
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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Do my boyfriend and I (not married), who live in Ohio, have joint custody of our son who was born in another state?

I lived in Louisiana when my son was born. I was not married. My boyfriend and I filled out paternity paperwork and he is on the birth certificate. We now live in Ohio. Do we have joint custody or do I have sole custody?

Matthew Williams
Matthew Williams answered on Jul 27, 2021

While a lawyer would have to look at the laws of the various jurisdictions involved, it is very likely you have joint custody at this point. The whole point of filing out paperwork acknowledging paternity and getting yourself named the father on the birth certificate is to establish that... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: My son is 15 years old and i have a few questions i need some help with

My son is 15, my ex and i split up when he was 7 and he was spending time between the 2 of us, then one day he tells me if i want to see him again, to take him to court. I never did because my family advised against it, so i haven't seen him in years. Now, he got arrested in Utah and my ex... Read more »

Mike Branum
Mike Branum answered on Jul 27, 2021

So many questions. Were you married? Is the ex on the birth certificate? Was there EVER a custody order entered by any court? How long ago was "one day"? Have you remained in communication with your 15 year old? Does he WANT to live with grandma or with you in Utah? Does grandma have a... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Kentucky on
Q: I have been married 17 years. I live at Fedscreek, KY so how long and how much would a divorce cost. We are 39 years old

We also have 3 kids and we all live with his mom. We have a double wide and we're fixing it up to live up there together but he doesn't want to leave his mom and be a man and pay bills so he won't even fix the water or bathroom up there. It's not livable where we are renovating... Read more »

Timothy Denison
Timothy Denison answered on Jul 27, 2021

Impossible to say cost. Could be $1,000, could be 25,000. Depends on the amount of time necessary to get it resolved.

1 Answer | Asked in Child Custody for Kentucky on
Q: I just recently got 50/50 custody of daughter with no child support. My ex will not comply with the custody schedule

What do I do if she won’t follow the court order or our custody schedule?

Timothy Denison
Timothy Denison answered on Jul 27, 2021

File a motion to hold her in contempt.

2 Answers | Asked in Child Custody for Louisiana on
Q: I'm in Louisiana and I'm trying to either modify or revoke his parental rights. He doesn't pay any support for her.

My child's father and I have joint custody. He gets her every other weekend and I have her the rest of the time. Now she saying for the past coue months she hasn't been with him she has been getting dropped off to his mom. But when he went to court he told them his main reason was because... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 26, 2021

Hire an attorney to file for Contempt. He should have to pay a minimum of $100 per month.

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1 Answer | Asked in Child Custody for Florida on
Q: Do I need to get my ex's permission to move to another country with my child?

My ex doesn't have physical custody and lives in another country. My kids and I live in Florida. If it won't affect our custody arrangement and they don't even live nearby (8,000 miles away), do I really need my ex's permission? Our marital settlement also says we shall be free... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 26, 2021

Obviously from your statement you have a long distance parenting plan. You say that the relocation will not change the other parent's timesharing in any way so why don't you just tell them that you are moving? Relocation is about notice also, not just permission. The permission comes from... Read more »

1 Answer | Asked in Child Custody for Georgia on
Q: After being served with custody papers in Georgia what is the time limit for having a hearing

Where the defendant can give their side of story

Michael D. Birchmore
Michael D. Birchmore answered on Jul 26, 2021

If you have been served with papers, this is not the question you should be asking. Instead, you should meet with an attorney now to discuss the timelines for you to respond. This response will need to be filed and served well before the time when you will have a hearing.

1 Answer | Asked in Real Estate Law, Child Custody and Child Support for Florida on
Q: What are my rights if my fiance is cheating on me and we have a 2yr old and own a home together in Orlando FL

I would prefer to keep the house and just refinance without him on there, but I am not sure I can afford it, although I was head of household for 2020.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 26, 2021

If you are not married, you can't seek a divorce (or dissolution). Thus the laws for disposition of marital property do not apply. Instead, you would have to sue him for "partition" of the property. The property would be sold and each of you would get part of the proceeds.... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I have 50/50 physical & legal custody of my children. Can my ex move their school without my consent?

In our divorce papers she has final decision on education. They have been in the same school for years but she recently moved to a nearby county and wants them to go to school there. She never asked me, I found out from the kids. I asked her about it and she says she has final say and is moving... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Your agreement should spell out whose school district controls where they go. In the absence of that, you probably both have the right to enroll them in school, based on the 50/50. You likely will not be able to resolve it through court before school starts, so unless you can prove there's a... Read more »

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Hello! My 9 years old refuses to go overnight with her dad, should I force her?

Hello! My 9 years old refuses to go overnight with her dad every other weekend. Last weekend she went forced by her dad”s attorney intimidating letter. I have to pick her up a 3:30 am she couldn’t sleep, she said she was scare but she doesn’t say of what. When we get home she went to sleep... Read more »

Richard Diamond
Richard Diamond answered on Jul 26, 2021

My guess is that you and your husband recently separated and since separating, your husband wants to put in place a parenting time plan and he has enlisted the assistance of a lawyer and they have told you that if you do not cooperate with their efforts to put this plan in place, they will seek... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex was pregnant before we met. My name is on the birth certificate because we were married. Can I get my name off?

My ex wife was pregnant before we were married. She had the child after we were married, so my name is on the birth certificate. She has told me that she wants me to have no contact with the child anymore. I am paying about 300 dollars a month for child support. Am I able to get my name off of the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

It is difficult to ask for paternity testing if you did not do so in the course of the child support proceedings. The courts at this point do not have an interest in disproving paternity.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I live in Colorado and my ex filed a motion to appoint a child and family investigator. Can the judge rule immediately?

Do I have a certain amount of time that I am granted to respond before the judge can rule on this motion? It appears that my ex and her attorney filed the motion on July 19th and the Judge granted the order the same day before I even had a chance to respond. Can they do this?

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

You can ask for the opportunity to respond. By statute you have 21 days. If you had participated in the proceedings then you should have been given the opportunity to respond.

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