Child Custody Questions & Answers by State
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Child Custody Questions & Answers
Q: My ex and I have been divorced for 6 years apart for 8. our custody papers state that we have 50/50 custody of all 3
Melissa Averett's answer
You need to hire a lawyer in North Carolina, preferably in the county where the current custody order is located, and file a motion to modify custody.
You need to hire a lawyer in North Carolina, preferably in the county where the current custody order is located, and file a motion to modify custody.
Q: I have primary physical and legal custody of my 12 year old. Do I have to let her father know if I'm moving out of Calif
Angelina Bradley's answer
The default answer is yes, but Check your court order. Some orders grant move-away ability to sole legal/physical custody if it’s flagged as an issue at the time of judgment.
The default answer is yes, but Check your court order. Some orders grant move-away ability to sole legal/physical custody if it’s flagged as an issue at the time of judgment.
Q: GAL board?
Gary William Boyle's answer
If you have issues with a Guardian ad Litem, you should raise them with the Court that appointed the GAL. You can do this by filing a motion with the Court.
If you have issues with a Guardian ad Litem, you should raise them with the Court that appointed the GAL. You can do this by filing a motion with the Court.
Q: Time sensitive: How to go about filing a motion to appeal parental rights? Lost parental rights on 9-18 has 30 days.
2 Answers
| Asked
in
Appeals / Appellate Law, Family Law and Child Custody
for
Louisiana
on
Answered on Sep 21, 2018
Answered on Sep 21, 2018
Douglas Lee Bryan's answer
You will need to find an attorney to represent him and to timely prepare and file the motion for appeal.
You will need to find an attorney to represent him and to timely prepare and file the motion for appeal.
Q: What type of attorney could handle a case against Child Support Services?
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
California
on
Answered on Sep 21, 2018
Answered on Sep 21, 2018
Angelina Bradley's answer
The ideal way to address this would be:
1) Obtain a copy of the minute order from the hearing support was ordered.
2) Obtain a transcript from the hearing support was ordered.
3) Review both, and make sure what was marked on the minute order is what was ordered at the hearing.
4) If it is, then you'll file a motion to enforce support as ordered.
5) If it isn't, then you'll file a motion to correct the support order.
Good luck.
The ideal way to address this would be:
1) Obtain a copy of the minute order from the hearing support was ordered.
2) Obtain a transcript from the hearing support was ordered.
3) Review both, and make sure what was marked on the minute order is what was ordered at the hearing.
4) If it is, then you'll file a motion to enforce support as ordered.
5) If it isn't, then you'll file a motion to correct the support order.
Good luck.
Q: My son's mother has been and lived with her boyfriend since 2013. Can his income be used for child support purposes?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Louisiana
on
Answered on Sep 20, 2018
Answered on Sep 20, 2018
Ellen Cronin Badeaux's answer
Judges only count overnights. No, boyfriend's income irrelevant to child support.
Judges only count overnights. No, boyfriend's income irrelevant to child support.
Q: My son is being taken from mom by the state and they want me to have him, but I have a warrant for child support for him
2 Answers
| Asked
in
Child Custody, Child Support and Family Law
for
Louisiana
on
Answered on Sep 20, 2018
Answered on Sep 20, 2018
Ellen Cronin Badeaux's answer
Go get a loan quickly and claim your son or your kid may go to foster care.
Go get a loan quickly and claim your son or your kid may go to foster care.
Q: How do I get guardianship of my niece and nephew? They are 17 and 15 yrs of age
Joseph Jaap's answer
Start by contacting local children's services. After that, use the Find a Lawyer tab to retain a local attorney who handles guardianships.
Start by contacting local children's services. After that, use the Find a Lawyer tab to retain a local attorney who handles guardianships.
Q: Do I need to file anything additional for him to voluntarily terminate his rights?
John Hyland Barrett III's answer
The court is probably still going to have a hearing. At the hearing, you will have to present evidence supporting your requests. There is not really such a thing as "giving up his rights" except in an adoption or in a dependency and neglect hearing to terminate parental rights.
The court is probably still going to have a hearing. At the hearing, you will have to present evidence supporting your requests. There is not really such a thing as "giving up his rights" except in an adoption or in a dependency and neglect hearing to terminate parental rights.
Q: We need advice
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Alabama
on
Answered on Sep 20, 2018
Answered on Sep 20, 2018
Q: Can a felon just released from prison take my child away? We are still married.
Regina Irene Edwards' answer
It is unlikely he will get custody, but you need to hire an experienced family law attorney to assist you in your case.
It is unlikely he will get custody, but you need to hire an experienced family law attorney to assist you in your case.
Q: If the mother of my child is on government assistance, and i'm not, is it possible for me to get custody of my child?
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Civil Rights
for
Kentucky
on
Answered on Sep 19, 2018
Answered on Sep 19, 2018
Timothy Denison's answer
The fact that she is on government assistance alone is not sufficient for you to get custody, but if she has been withholding the child, you should file a motion for custody and/or parenting time.
The fact that she is on government assistance alone is not sufficient for you to get custody, but if she has been withholding the child, you should file a motion for custody and/or parenting time.
Q: Would "circumstances" be considered simply as he feels he doesn't have enough? Will he have to show proof?
2 Answers
| Asked
in
Family Law, Child Custody and Child Support
for
Pennsylvania
on
Answered on Sep 19, 2018
Answered on Sep 19, 2018
Cary B. Hall's answer
At this point, you sound like you're ready for a sit-down consultation with a family law attorney -- who can answer all of these questions and more. If you don't have someone in mind, contact your local lawyer referral service and they can point you in the right direction.
Best of luck to you.
At this point, you sound like you're ready for a sit-down consultation with a family law attorney -- who can answer all of these questions and more. If you don't have someone in mind, contact your local lawyer referral service and they can point you in the right direction.
Best of luck to you.
Q: Child's father is in contempt of court for not paying any child support in 2 months and has filed to make payments less.
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Pennsylvania
on
Answered on Sep 19, 2018
Answered on Sep 19, 2018
Cary B. Hall's answer
If you have knowledge of his income (from whatever source) and his spending habits, then you can certainly tell that to the support officers and/or judge. No way to give you "odds" of his success in modifying the current support order, though -- each case is decided on its own merits. He'll have to show a change in circumstances, likely, since he's filing to modify support so quickly, so you could suggest to the judge that there have been no changes since the last order.
Best of luck...
If you have knowledge of his income (from whatever source) and his spending habits, then you can certainly tell that to the support officers and/or judge. No way to give you "odds" of his success in modifying the current support order, though -- each case is decided on its own merits. He'll have to show a change in circumstances, likely, since he's filing to modify support so quickly, so you could suggest to the judge that there have been no changes since the last order.
Best of luck...
Q: Can I receive full custody of my 3yr old if his father has never been around and is now going to prison in Arizona?
Randi Sirlin's answer
I am not permitted to give you legal advice without meeting with you, but given the information you have provided, I can provide information to you.
There really are not "grandparent rights" anymore, as parents have the ultimate right to determine who spends time with their children.
If the grandmother attempts to pick up your son again, you can call the police.
Based upon the information you provided, you would likely be given "sole legal decision-making authority,"...
I am not permitted to give you legal advice without meeting with you, but given the information you have provided, I can provide information to you.
There really are not "grandparent rights" anymore, as parents have the ultimate right to determine who spends time with their children.
If the grandmother attempts to pick up your son again, you can call the police.
Based upon the information you provided, you would likely be given "sole legal decision-making authority,"...
Q: Can a man be sued for child support if he is suing for custody?
Kathryn Hilbush's answer
Yes. Even though he has an action pending, the state is still paying the grandmother cash assistance for the child. He has an obligation to pay support until he gains custody.
Yes. Even though he has an action pending, the state is still paying the grandmother cash assistance for the child. He has an obligation to pay support until he gains custody.
Q: Can I regain custody of my two boys after losing my rights?
Regina Irene Edwards' answer
It is unlikely that you could regain custody so soon after losing it. You need to speak to an attorney in your area about your options to set you up for future success.
It is unlikely that you could regain custody so soon after losing it. You need to speak to an attorney in your area about your options to set you up for future success.
Q: How long does it take to get guardianship of a child if there parent dies and the other parent hasn't been around ever
Lydia Seifner's answer
If he has received the paperwork and hasn't done anything to either approve or contest the guardianship, then ask for a Trial date and make sure he has notice of the court date. Then simply have a trial and see if he shows up. If he continues to ignore everything, then the judge will issue orders in your favor. Contact an attorney to assist you.
If he has received the paperwork and hasn't done anything to either approve or contest the guardianship, then ask for a Trial date and make sure he has notice of the court date. Then simply have a trial and see if he shows up. If he continues to ignore everything, then the judge will issue orders in your favor. Contact an attorney to assist you.
Q: Can one parent take and keep kids from the other parent b/c they think it right; not for a legit reason?
Angelina Bradley's answer
Your recourse is to go to court and ask for your 50/50 custody order to be enforced. I’d recommend retaining an attorney to help you, or at the very least a attorney divorce coach — the facts you describe could cut for or against you... and I would hate to see you in a worse place than you are now.
Good luck.
Your recourse is to go to court and ask for your 50/50 custody order to be enforced. I’d recommend retaining an attorney to help you, or at the very least a attorney divorce coach — the facts you describe could cut for or against you... and I would hate to see you in a worse place than you are now.
Good luck.
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