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Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: I have full custody of my daughter. Her dad wasn't involved the whole pregnancy up until 9 months old .

He has no rights to her. He's not on the birth certificate. I'm trying to have him be put on the birth certificate. He doesn't pay child support. If I ask for diapers or wipes he'll get it but that's all he does. I could use more help i take care of her full time not able... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 26, 2022

Don't fall for that threat. Parenting time, custody, and child support are all separate issues under the law for that very reason.

If the child receives state assistance (e.g. Medicaid, WIC, etc.), the state will seek and enforce a child support order regardless of what you say....
Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Civil Litigation for Georgia on
Q: If I paid a retainer in 2020 and atty didn’t tell me she rep the def prev. Will she have to pay it back?
Robbie Levin
Robbie Levin answered on Jan 25, 2022

You should discuss it with your attorney.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Illinois on
Q: My husband just was told he may have a 7 year old son he didnt know about. The mother hasn't had the child for awhile.

the mother is in jail right now waiting a trial and then will go to prison for a while. I am his wife. We want to prove paternity and totally adopt him as OURS . But don't want him around his "mother" ever again seeing as she is so unfit. We have 4 kids of our own and a house and I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 25, 2022

There are too many variables in your situation for a lawyer to give you solid advice on these issues without sitting down and talking to you and your husband. I encourage you to make an appointment with an attorney in your area who handles adoptions. Also, if DCFS has to due an investigation of you... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Can my ex put our son in a school without my permission?

My ex husband and I share 50/50 custody of our sons. We agreed to pull our 5 year old out of kindergarten due to us believing he is not ready for school yet. We had agreed not to force him to go to dads when he is refusing to go and now he is also forcing him to go after telling him he wouldn’t.... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2022

this answer depends on your decree. if you both share joint legal custody, it is customary for both parents to be involved in this type of school decision - unless your decree states differently. Further, giving a five year old the right to decide on custody/timeshare is not something a judge... Read more »

1 Answer | Asked in Child Custody for Kentucky on
Q: Can someone who’s lost custody of kids to me for using drugs and skipping the court dates lawfully drag me thru court ?

Long story short-mother had a baby while on drugs and baby tested positive.Child services took her two children and gave me the option of taking them temporarily while the case went on.mother skipped court,went on the run for a vop and had another child out of state,returned to original state that... Read more »

Timothy Denison
Timothy Denison answered on Jan 25, 2022

Short answer. Yes. It happens in every custody case.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: is it legal for my parents to keep me at home until i graduate even though i will already be 18

i will be 18 in december and i want to move out but i will still have 1 year of high school left. my parents told me i couldnt move out till i graduate. do they have the right to keep me from moving out until i graduate even tho i will already be 18.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Jan 24, 2022

You legally can move out since you are 18, but if you do, your parents could easily stop supporting you, so this is a decision you will have to think carefully about.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Missouri on
Q: I need to file a libel defamation of a minor case and I'm not sure where to find the forms needed. St Louis, MO

I really need help and my attorney doesnt do anything. My ex is claiming terrible thing in writing about my minor child and filing false police reports against me to make me look bad to our judge. He and his wife are in contempt of several orders, my attorney wont bring the evidence.

Where... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 23, 2022

The St. Louis County Circuit Court’s webpage has some common forms online. A defamation petition is not common nor something that pro se litigants generally file and successfully litigate. For example, do you know the essential elements of a defamation cause of action in Missouri? The... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: My sons (bio father) is not on the birth certificate. I was raped at a party and never told him. Husband wants to adopt

My husband has been in his life since he was 6 months old. My son only knows him as his dad and I don’t know if this would be adoption or a VAOP. My son is now 2 almost 3 and we want his name from his birth name (my pre married name) to our name.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 23, 2022

Hire an adoption lawyer.

1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Child Custody for California on
Q: I need help to get my kids back in Dependency court allegations against me were false

I was wrong for incarcerated later quitted my kids are taken from me my parents told the court reporter a bunch of lies about me

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2022

much more info is needed.

it is hard to understand the facts of your case. Maybe you should write them down.

however, many criminal lawyers don't get involved in issues like this.

i would suggest you make an appointment with a local criminal lawyer to discuss your...
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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: We have to screen for our CPS case but due to health issues having trouble making it to screen in the three hour time

Frame that is for people that don't have a job and asked if could possibly be allowed to have the nine and half hour time frame that people with jobs have

Timothy Denison
Timothy Denison answered on Jan 20, 2022

What is your question?

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Can a mother go to court to get custody over an 18 year old because he committed serious legal ramifications?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 20, 2022

The courts cannot grant custody of an 18 year old.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can someone's disability income be considered as there job in a CPS case
Timothy Denison
Timothy Denison answered on Jan 20, 2022

Depends on the purpose for which it is to be used.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Does custodial parent have any financial obligations upon signing provisional custody by mandate
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 20, 2022

Custody by mandate is only one year long and does not abdicate the financial responsibility to support a child.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can I file for abandonment if father has refused to talk to or visit with his child for over a year.

We share two children. Father does pay child support, but refuses to communicate with one child but sees the other every other weekend.

Regina Irene Edwards
Regina Irene Edwards answered on Jan 19, 2022

No, the court can't make him be a good father. He can only be required to pay support, which is what he is doing.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I’m a single mother to a teenage, special needs son. I’m looking for child support and a parenting plan.

Father and I have never been married, never been to court, have zero agreement. Recently, father started paying $300 a month in child support, although I have 100% parenting time. Father can afford more but is unwilling to pay more or help with groceries or utility bills, doesn’t pay for... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 19, 2022

You should file a court case to get these things in place. Child support can be set based on the respective incomes of the parents. A parenting plan can be established in accord with the best interest of the child. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I’m a father lived in texas won custody them I moved to Virginia and boys mother took me too court again and I won in

Virginia too now we have moved back to texas been here for almost a year and they want me to go back to Virginia for a appeal but I lived in Virginia and the boys mom never resides in Virginia she resides in Washington state so neither one of us is even in Virginia didn’t get served so do I need... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 19, 2022

If you didn't get served, how do you know that there is an appeal in Virginia?

Either way, if no party resides in Virginia, you would need to file a motion to transfer the case to Texas. However, until the case is transferred, the Virginia court can still make a ruling in the case....
Read more »

1 Answer | Asked in Estate Planning, Family Law and Child Custody for New York on
Q: We are interested in appointing a legal guardian for our 16yo son in case of an accident during an upcoming vacation.

We will be traveling abroad and our son will stay with my sister. If we get in a plane crash we want to make sure he is taken care of according to our wishes. We wish to appoint my sister as legal guardian. Should we establish a will to express our wishes in regard to our property and our... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 19, 2022

We here cannot offer legal advice as there is no attorney-client relationship formed between the asker and the responding lawyer. We are an education site.

One bit of education is that the law works best when an event giving rise to a case already happened. This means the process is far...
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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If due to health issues and due to conflict of interest over screening facility being related to person screening

Because of the two having issues with each other get approved for a request to be transferred to another facility to test which ended up being in another county place but due to a vehicle breakdown how can you get transferred back supposedly that's the only facility that can be tested at to... Read more »

Timothy Denison
Timothy Denison answered on Jan 19, 2022

What is your question?

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Child Support and Family Law for New York on
Q: Best way to appeal a verdict from a relocation/ custody relocation case from Judge Carney

I have 50 days to present an appeal that was filed by my previous attorney for a reversal of the verdict. I am seeking residential custody of my 7 year old. I need a good family law attorney

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 19, 2022

There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in... Read more »

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Is CPS allowed to tell your children and their guardian anything about the case if they were told not to tell them

Anything at all. And cause my son to be worried

Timothy Denison
Timothy Denison answered on Jan 19, 2022

Theoretically, no, but whatever they said is likely not actionable.

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