Child Custody Questions & Answers by State
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Child Custody Questions & Answers
Q: what is a non constestent divorce an what do it tells when there is kids invovled
Maciej B. Zebrak's answer
An uncontested divorce is a divorce where the spouses have no disagreements over any issues related to the marriage. This means that the spouses have divided all of their marital property/assets, debts, and spousal support. If child custody, visitation, and child support are in dispute, those matters can be taken care of in the Juvenile and Domestic Relations District Court. The Circuit Court is the court that grants a divorce. If child custody, visitation or child support is raised as a...
An uncontested divorce is a divorce where the spouses have no disagreements over any issues related to the marriage. This means that the spouses have divided all of their marital property/assets, debts, and spousal support. If child custody, visitation, and child support are in dispute, those matters can be taken care of in the Juvenile and Domestic Relations District Court. The Circuit Court is the court that grants a divorce. If child custody, visitation or child support is raised as a...
Q: How can i call and talk to a lawyer for free about a custudy case?
Maciej B. Zebrak's answer
Find a lawyer/law firm, and ask whether there is a consultation fee. There are lawyers/ law firms that provide free initial consultations.
Find a lawyer/law firm, and ask whether there is a consultation fee. There are lawyers/ law firms that provide free initial consultations.
Q: Hello, my ex has recently gotten married. My concern is that his new wife very openly uses marijuana.
Maciej B. Zebrak's answer
Only if there is a specific provision in your custody and visitation order (if you have one) regarding drug use as it relates to visitation. What you can do is file a motion to amend custody/visitation (again if you have a custody and visitation order) and present evidence to the court regarding your ex's new wife's marijuana use.
Only if there is a specific provision in your custody and visitation order (if you have one) regarding drug use as it relates to visitation. What you can do is file a motion to amend custody/visitation (again if you have a custody and visitation order) and present evidence to the court regarding your ex's new wife's marijuana use.
Q: My son's father hasn't seen, talked, or anything of that nature to my son for 3months and 2weeks. What should I do? NYS
Andrew S. Tabashneck's answer
In order for your Fiancé to adopt your child, the father must either agree to give up his parental rights in writing or a basis must be established that would justify terminating the father's parental rights. Under New York Statute, the court is authorized to terminate parental rights where there is a showing the parent abandoned the child. Other justifications include permanent neglect, mental illness, or upon a finding of a significant intellectual disability.
Based on the facts that...
In order for your Fiancé to adopt your child, the father must either agree to give up his parental rights in writing or a basis must be established that would justify terminating the father's parental rights. Under New York Statute, the court is authorized to terminate parental rights where there is a showing the parent abandoned the child. Other justifications include permanent neglect, mental illness, or upon a finding of a significant intellectual disability.
Based on the facts that...
Q: can I change my son's last name without his father's consent?
1 Answer
| Asked
in
Family Law, Adoption, Child Custody and Child Support
for
Alabama
on
Answered on Oct 20, 2017
Answered on Oct 20, 2017
Mr. James Parrish Coleman's answer
No. You should go to Court and terminate the parental rights of the father.
No. You should go to Court and terminate the parental rights of the father.
Q: Can I lose custody of my daughter if at the moment imnot working?Im in a toxic relationship & want out but no job.help
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Child Support
for
California
on
Answered on Oct 20, 2017
Answered on Oct 20, 2017
Tobie Brina Waxman's answer
Economics rarely, if ever, factors into custody decisions. Custody orders are based on what is in the best interest of the child. If you are awarded custody, the fact of your employment is simply evidence in support of your need for child and spousal support. Why do you want to share custody with someone you have described as "known to be violent". You need an attorney. If you cannot afford one, you can file a motion with the court asking that the court order your spouse to help pay your...
Economics rarely, if ever, factors into custody decisions. Custody orders are based on what is in the best interest of the child. If you are awarded custody, the fact of your employment is simply evidence in support of your need for child and spousal support. Why do you want to share custody with someone you have described as "known to be violent". You need an attorney. If you cannot afford one, you can file a motion with the court asking that the court order your spouse to help pay your...
Q: Biological father terminated his rights and husband adopted. Can biological father ever regain his rights in Texas?
Tammy Lyn Wincott's answer
It will depend on whether the initial termination and adoption was done correctly. Please consult with the attorney that handled the adoption for specific answers.
It will depend on whether the initial termination and adoption was done correctly. Please consult with the attorney that handled the adoption for specific answers.
Q: I am 17 and have been recently been adopted. I will be 18 in 8 months. Could I legally move out?
1 Answer
| Asked
in
Child Custody, Family Law and Juvenile Law
for
Tennessee
on
Answered on Oct 20, 2017
Answered on Oct 20, 2017
Leonard Robert Grefseng's answer
No, under Tennessee law, you are not an adult until you reach age 18, and until that age you are subject to juvenile court jurisdiction for failure to obey your parents as an "unruly' child.
No, under Tennessee law, you are not an adult until you reach age 18, and until that age you are subject to juvenile court jurisdiction for failure to obey your parents as an "unruly' child.
Q: Can a pardoned felon be a guardian in Arkansas?
Skye Martin's answer
Theoretically, yes. Arkansas law specifies that “unpardoned” felons cannot be guardians. Ark. Code Ann. § 28-65-203.
Theoretically, yes. Arkansas law specifies that “unpardoned” felons cannot be guardians. Ark. Code Ann. § 28-65-203.
Q: If I'm on the birth certificate, as the biological father, can I pick up my child from a grandparents or daycare center?
Skye Martin's answer
You’ll need to file a petition to establish paternity. A birth certificate alone is not enough. You have no right to the child if you were never married to the child’s mother until you establish paternity. Then you can ask for visitation or custody.
You’ll need to file a petition to establish paternity. A birth certificate alone is not enough. You have no right to the child if you were never married to the child’s mother until you establish paternity. Then you can ask for visitation or custody.
Q: Can my son's father disappear and leave my son with family members/friends if he's the custodial parent?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Oklahoma
on
Answered on Oct 19, 2017
Answered on Oct 19, 2017
Pete David Louden's answer
You should schedule a consultation with an attorney to see if you might have a case for a modification of your current order.
You should schedule a consultation with an attorney to see if you might have a case for a modification of your current order.
Q: How can I get my childs passport if her dad has never been there? He signed the birth certificate.
Regina Irene Edwards' answer
You have to get him to sign, or go to court to get an order allowing you to obtain a passport without him. You should speak to an experienced family law attorney to do this.
You have to get him to sign, or go to court to get an order allowing you to obtain a passport without him. You should speak to an experienced family law attorney to do this.
Q: myself and kids mom have joint custody from NJ courts. we moved to FL and she moved out with kids. will FL honor NJ.
Terrence H Thorgaard's answer
Normally a custody decree is awarded in the case of a divorce or separation. If this is the case, were you and the children's' mother still living together for some reason? Yes, the Florida courts will probably honor a New Jersey custody decree, pursuant to the Uniform Child Custody and Jurisdiction Act, which is the law in both states.
Normally a custody decree is awarded in the case of a divorce or separation. If this is the case, were you and the children's' mother still living together for some reason? Yes, the Florida courts will probably honor a New Jersey custody decree, pursuant to the Uniform Child Custody and Jurisdiction Act, which is the law in both states.
Q: I need info and advice about getting custody of my baby back from temporary guardian. Oklahoma requirements
Pete David Louden's answer
You should hire an attorney to help you determine if you will be able to terminate the guardianship.
You should hire an attorney to help you determine if you will be able to terminate the guardianship.
Q: I recently got in contact with my daughter who is 15 and I haven't seen since she was 9mths...i was unable to find them
Joanne Reisman's answer
Have you been legally established as the father? Is your name on the birth certificate? Can we assume that your parental rights were not terminated either by an adoption or a court order? Has there ever been any order with respect to custody of your daughter? You probably should talk to an attorney about these questions and get advice as to what you need to do.
As a practical matter, you can contact the mother and just see if she will let you spend time with your daughter. You...
Have you been legally established as the father? Is your name on the birth certificate? Can we assume that your parental rights were not terminated either by an adoption or a court order? Has there ever been any order with respect to custody of your daughter? You probably should talk to an attorney about these questions and get advice as to what you need to do.
As a practical matter, you can contact the mother and just see if she will let you spend time with your daughter. You...
Q: Can a father get custody of one child if he owes support for another?
Tobie Brina Waxman's answer
Custody orders are rarely, if ever, based on economics. He can get custody if his having custody is in the best interests of that child, whether he owes child support or not.
Custody orders are rarely, if ever, based on economics. He can get custody if his having custody is in the best interests of that child, whether he owes child support or not.
Q: mother trying to get custody back from her aunt ?
Mr. Ryan L Hyde's answer
Saying whether or not someone has a good chance of prevailing is an exercise in guesswork and not really productive without more information. Custody in PA is governed in general by the 16 factors that judges are charged with considering in any case. Foremost of all of these is what is in the best interest of the child. In many cases such as yours custody can be returned. More importantly the ground work for visitation should be settled so you are a part of your children's lives. It is...
Saying whether or not someone has a good chance of prevailing is an exercise in guesswork and not really productive without more information. Custody in PA is governed in general by the 16 factors that judges are charged with considering in any case. Foremost of all of these is what is in the best interest of the child. In many cases such as yours custody can be returned. More importantly the ground work for visitation should be settled so you are a part of your children's lives. It is...
Q: I pay child support do I have right
Regina Irene Edwards' answer
In Georgia, an unmarried father has no rights until he files for legitimation. You can file for legitimation so you can have court ordered parenting time.
_____________________________________________________
Regina I. Edwards is the Owner of Edwards Family Law.
Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsDivorceLaw.com...
In Georgia, an unmarried father has no rights until he files for legitimation. You can file for legitimation so you can have court ordered parenting time.
_____________________________________________________
Regina I. Edwards is the Owner of Edwards Family Law.
Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsDivorceLaw.com...
Q: After served with child custody modification papers when do you have to respond what happens next
Regina Irene Edwards' answer
You have 30 days to respond. You should consult a family law attorney about your case immediately so you can file the appropriate response.
_____________________________________________________
Regina I. Edwards is the Owner of Edwards Family Law.
Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsDivorceLaw.com
404.238.7808
You have 30 days to respond. You should consult a family law attorney about your case immediately so you can file the appropriate response.
_____________________________________________________
Regina I. Edwards is the Owner of Edwards Family Law.
Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsDivorceLaw.com
404.238.7808
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