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Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: I need to know about how to help a minor get emancipated

The minor has a job and intends to move in with 2 other people over 18 in a few months

Rebecca Pescador
Rebecca Pescador
answered on Feb 3, 2023

Emancipation in Colorado is not something that easily fits in a checklist. It is based on several factors and ultimately the judge uses discretion to weigh all of those factors and make a decision. The bottom line is whether the child can demonstrate a full ability and active effort to currently... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... Read more »

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: Filing a uniform child custody jurisdiction enforcement act affidavit, what do I have to provide

I want to ask for a temporary order to have legal custody until the divorce is finalized. What do I have to attach to the document?

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2023

Download a copy of MC 416 from the State Court Administrator's Office website. That will tell you all the information you need to submit.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I have a custody order out of Travis county. I got into a physical fight with my Husband and state took the charge

In November. I have no criminal charges as of currently awaiting to hearing however 60day emergency took place that uplifted and CPs involved with both parties and my daughter on forth worth in which I’m trying to get her back from her dad grandmother which holds no grounds. At this point it’s... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

The emergency removal of a child due to domestic violence is a fact-intensive matter. DFPS clearly has the statutory authority to take such an action and the court clearly has jurisdiction to adjudicate the matter.

You need a family lawyer experienced with CPS cases to advise and assist...
Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: Can I sue my attorney for not doing anything on my behalf in my child custody case which resulted in lost of custody?

My sons father took me back to court over child custody. We were never married I had full custody. Him and his lawyer knowingly and deliberately lied in court. My attorney never called a witness that I suggested to him or presented evidence that I had given him or told him he could obtain that... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2023

Best advice would be to contact another family law attorney to review everything. You could certainly talk with a malpractice attorney, but some of what you write concerns trial strategy, which is difficult to show malpractice.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my child's father entitled to a portion of the child tax credit I receive on taxes?

We are in Ohio and the child is 2.5. Her father and I have been separated for over a year and I have always claimed her. He has her 3-4 days throughout the week, so physical custody is about even. He doesn't claim her due to his child support for his other child is extremely behind. There is... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 2, 2023

If you were not married and there is no custody or support order then he cannot claim her on his taxes.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: My ex has unsupervised visitation at a specific public place (mall) what happens if my family is at the same place?

My ex was awarded unsupervised visitation, but at a public place, which is a mall. Am I in violation of the order if my family members are at the same mall during the visit. Not in a supervisory capacity but simply present just in case? Being that it's a public place I'm unsure if this... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 1, 2023

If they just happen to be there and do not interfere with the visitation there should be no problem. If they interfere in any way that could be a problem.

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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I live in Ky I have a 2 year old cousin who I have raised since she was 2 months old. I have no rites to her what do Ido

I have had her since she was 2 months old. They come take her for a day or two when they get mad. I'm scared to let her go back now they are getting worst and on drugs bad. They stay awake days at a time

Timothy Denison
Timothy Denison
answered on Feb 1, 2023

File a petition for custody in the circuit court in your county.

1 Answer | Asked in Child Custody and Criminal Law for Texas on
Q: I am pregnant by a man who has a felony warrant. This happened in Texas. Is it true my child can be taken by cps?

We are in Texas, I am pregnant by someone who has a bench warrant/ felony. He received it for theft, after his third theft and continuous violation of probation they finally gave him a felony. In his past he has family violence misdemeanor (fighting w his brother). I was recently told that if I... Read more »

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

Yes, if you are arrested for harboring a fugitive, CPS will likely take temporary possession of your child until he/she can be placed with a relative or foster family as long as you are in jail.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I press charges on my ex MIL for getting my phone blacklisted because I won’t let her see my child?

I left my narcissistic exboyfriend. His mom has always had a vendetta against me. If she doesn’t get her way , or I withstand my boundaries when she tries to control me, she threatens me with cps, cutting my service off (which I told her to so she couldn’t hold it over my head anymore), and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 31, 2023

I don’t understand what crime you think your MIL committed.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Hi, I hired a lawyer in my family court child custody case and now the judge says I am eligible for a court assigned

my attorney says he can't represent me anymore because the court pays little.

Can I pay the difference (credit card debt) if I want to keep her as my attorney

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 31, 2023

Unfortunately, the answer is no. Assigned lawyers are not allowed to accept money from the client. Aside from that, based upon what you have said, your current lawyer is not on the panel for assigned lawyers. You will have to decide between paying your current lawyer the full hourly rate or... Read more »

1 Answer | Asked in Child Custody and Civil Litigation for South Carolina on
Q: My fiances ex keeps calling dss on us and now calling on the daycare where I work? She is doing this trying to get cust

She wants custody of the kids who my fiance has primary custody

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

Your best course of action is to document, document, document. You might also benefit from having a consultation with a lawyer who is experienced in both DSS investigations and private custody cases.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Who is the visiting parent? In final order it states the visiting parent won’t get the following weekend after a holiday
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

In your court Order, there is likely language that designates one parent as the custodian and the other parent as the visiting parent; or, the "visiting parent" is the parent who has less time with the child(ren) overall. You may need to schedule a consultation with a family court lawyer... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: What should a father do if a mother runs to another state from SC with minor child?

Mother, father, and child live together in the child’s birth state. Mother has lived in that state for almost one year and the child is 6 months old, she plans to visit her home state. Father says it’s not a good idea since child has been sick. Mother goes and then calls father and says she... Read more »

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

Most states have enacted a version of the Uniform Child Custody Jurisdiction Enforcement Act (referred to as the "UCCJEA"), and the typical provisions of the UCCJEA provide that an initial custody case can only be brought in the "home state" of the child; for a child who is an... Read more »

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: Can you regain primary custody before a final hearing?

If you lost primary custody temporarily before the final hearing, but a third party had come forward and filed for emergency custody against the other parent, are you able to regain custody instead of the third party before the final hearing?

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

You have not provided very many facts of your specific situation so it's impossible to suggest what might be appropriate for your case. That being said, custody determinations (either temporary or final) are always modifiable by the Family Court.

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: I had my son when his father and I were split up. His father is not on the birth certificate

I had my son when his father and I were split up. His father is not on the birth certificate. Our son is 3 months old and we are now back together. We’ve been back together in a relationship since our son was 2 weeks old. His father and I do not live together. I work and his father helps... Read more »

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

Medicaid is funded by the federal government. For any South Carolina resident to receive those funds, federal law requires the person to seek child support from the other parent. However, the process for establishing child support through DSS is very cooperative, and you may be able to agree to him... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Received Emergency Custody of 16 year old son. Court suggested I retain an attorney. How do I find the right attorney?

Son was in presence of mother when she overdosed. He had to call an ambulance. CPS contacted me and said file for emergency custody.

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Jan 30, 2023

Finding the right attorney is important. First, you should google Family Law attorneys who practice in the place where the custody is to take place. From there, look at their websites and learn more about the mission and vision of the firm. You should meet with different firms to determine if... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: In a custody case, can the child be living on a yacht without the mothers permission or knowledge

4 years ago my son’s grandparents tricked me into signing over temporary custody by extended family to them (and they live in a different state.)

They have recently moved to a yacht so I don’t have a physical address of my child. And they are also refusing to let me visit him. I want... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 30, 2023

This response is only based on Florida law. You need to return to whatever court issued the order that the grandparents have custody. Whether by your agreement or not, you need to ask the court to change the order and return custody to you. The rest of your questions will resolve after you take... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Title 15 - COURTS Chapter 11 - JUVENILE CODE Article 3 - DEPENDENCY PROCEEDINGS Part 1 - GENERAL PROVISIONS

How do I start the process of getting to see my son and start the legal proceedings to obtain custody help.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

It is unclear from your question whether you are the mother or father of the child. If you are the mother, if your child was taken from your custody, you should have a hearing, in order for the state to provide you with the reasons why they feel the child should have been removed from your home.... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Sister in law claims we have a dcfs case but we havent seen a case worker or judge. Can we go get out children from her

Sister in law refuses to give us our children back claims dcfs gave her custody but we havent had a court hearing or a case worker

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 30, 2023

If you have not seen any paperwork that provides your sister in law with temporary custody or guardianship, her refusal to produce your children could be considered kidnapping. I would advise you to contact the juvenile court and see if there is a case involving your minor children. I would also... Read more »

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