Child Custody Questions & Answers by State

Child Custody Questions & Answers

Q: Can I move out of state? I lost custody of two kids about 4years ago. I have supervised visits. What are my legal rights

1 Answer | Asked in Child Custody and Family Law for Ohio on
Answered on Jul 29, 2016

You can move, but you will have to bear the added expense if you want to keep your visitation and of course, if you owe child support you must continue paying it.
View More »

Q: What are the odds I go to jail if behind on child support payments only 3 months?

2 Answers | Asked in Child Support, Family Law and Child Custody for Tennessee on
Answered on Jul 28, 2016

Going to jail does NOT depend on whether she shows up for court. It depends on your income for the time period in question. You do not give any figures on your income during the time period in question, but if you had income and you didn't pay ANY support during that time, you better bring your toothbrush because you are going to jail (if I was the judge).

yes, most judges are reluctant to put someone in jail for non-payment, but since there is no support being paid, you leave them no...
View More »

Q: if a father has the child and theres no agreement or order can the mother come and take the child from him?

1 Answer | Asked in Child Custody and Family Law for Colorado on
Answered on Jul 28, 2016

You will need to contact a family law lawyer directly. As general rule, without a custody agreement in place either parent can "take" the child, but must provide reasonable access to the child. Be forewarned, Colorado favors joint custody and greatly disfavors transforming "best interest of the child" into a review of which person is the better parent.
View More »

Q: My wife cheated on me. Am I likely to be granted primary custody?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Answered on Jul 28, 2016

Unfortunately, you have not provided enough facts upon which a lawyer can provide a proper answer. Every case is different, and a lawyer needs to know more particulars. However, suffice it to say, the adultery alone is not enough to warrant your getting custody. Consult in person with a local attorney to get the answers you deserve.
View More »

Q: Can a GAL question a minor child without parents consint after the JD Court order is final giving the parents custody?

1 Answer | Asked in Child Custody and Family Law for Virginia on
Answered on Jul 28, 2016

I would say it is likely within the GAL's authority to speak with the child, who is his "previous client." It is also not surprising that the GAL continues to seek information on that child - the situation of this child is relevant to the ongoing custody/visitation cases of the other siblings (which I assume is the other case you refer to based on identical questions posted on other legal question websites). I do not foresee a successful legal case against the GAL based on the statements as...
View More »

Q: Can I obtained full custody of my 4yro son if I have no clue where the mother is & hasn't made contact in about a year.

1 Answer | Asked in Child Custody for Colorado on
Answered on Jul 27, 2016

Colorado favors joint (or at least allowing some contact with the child(ren) by both parents). Based on your facts, you have a high probability of getting primary custody and requesting supervised visits with the mother. Sole custody is largely dependent on the actions of the mother. If she consents, the judge should grant your motion. If she requests some contact, the judge will allow contact (but will likely restrict the contact). In short, sole (full) custody is usually granted in Colorado...
View More »

Q: What happens when a child crosses state lines without approval from court where custody was granted?

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Virginia on
Answered on Jul 27, 2016

Whether the child can leave the state depends on the underlying custody order. It's unclear from your facts if there is even a current custody order (which is different from a power of attorney). You really need to take this to a local family law attorney who can flesh out more details and review any paperwork - the advice you're seeking is a bit too specific to answer on a website like this. Good luck to you.
View More »

Q: can I get back child support after the child support enforcement has already made a child support order?

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Answered on Jul 26, 2016

Review your court order. Back child support is not usually granted automatically with a support order (unless requested). That said, you can go back to court and seek an modification to include back support. If you already have a valid (court approved) support order, seeking back support is a relatively easy procedure. You may want to contact a lawyer, but this can be handled without a lawyer.
View More »

Q: I have a child support order that was established in NY, I know live in FL and it was being enforced here?

1 Answer | Asked in Child Custody for Florida on
Answered on Jul 26, 2016

Ask the Florida Department of Revenue what, if anything, they can do to enforce this.
View More »

Q: If my son comes live with me do I still have to pay child support how can I stop paying?

1 Answer | Asked in Child Custody and Child Support for Georgia on
Answered on Jul 26, 2016

If your son is coming to live with you, file for a modification of child support. If you don't file for modification and obtain a new court order, you are still responsible for making payments under the old order.
View More »

Q: I recently got custody of my son . I am receiving collection letters from the pediatrician. Is she still responsible?

1 Answer | Asked in Child Custody for Georgia on
Answered on Jul 26, 2016

Was there a child support order in place when the bills were incurred? If so, the order should dictate who is responsible for the unpaid medical bills. If an order was not in place at the time or the order was silent on the matter, you may have to take her to court to resolve the matter.
View More »

Q: best compensation lawyers available for nsw australia?

1 Answer | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Child Custody on
Answered on Jul 25, 2016

Check with the American Assn for Justice to see if they have associate members in nsw. Depending on the type of case Malcolm Oakes is a barrister/QC
View More »

Q: I was served with a O.C.G.A. 29-2-8(b) and have many concerns. Don't know where to start. No income? Who can help ?

1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for Minnesota on
Answered on Jul 25, 2016

Call your local legal services office for help. Considering you have no income, you likely qualify for help.
View More »

Q: Can I get a public defender in NJ to help me with a custody case in Indiana?

1 Answer | Asked in Child Custody for New Jersey on
Answered on Jul 25, 2016

No, you cannot. You need an attorney in Indiana. Good luck.
View More »

Q: If as family member is abusing and neglecting child is it possible to get emergency custody hearing if Florida?

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Jul 24, 2016

Yes, of course it's possible. You, as the child's cousin, perhaps can seek relief, assuming you are an adult. Seek legal counsel.
View More »

Q: i was a TN resident for 5 mth, returned back to FL (my home state). Do I file for divorce/custody of child in TN or FL?

1 Answer | Asked in Child Custody and Divorce for Florida on
Answered on Jul 23, 2016

Jurisdiction to decide custody is the "home state" of the child. That means the state where the child lived, with a parent, for at least six months. It appears that Florida was the child's home state once, but if the child lived in Georgia for at least six months, the home state would be there.

For a Florida dissolution (what Florida calls a divorce), you personally need to reside here for six months as well. Remember, while it is the same length of time, it is different criteria for...
View More »

Q: Will the judge lesson his visits if my ex is always late with pick up an drop off. We've just had mediation a couple

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Jul 23, 2016

There are a lot of factors to be taken into account. I seriously doubt a Judge will decrease visitation for that reason. Good luck.
View More »

Q: My fiances ex does not work and refuses to, does this affect his child support amount?

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Answered on Jul 23, 2016

Although a Judge cannot force her to work, he can impute income to her. You will need to have a consultation with a matrimonial attorney to see if it is cost effective to fight this. Good luck.
View More »

Q: Since my son has been 2 months now 3 years old, his father and I have a verbal agreement 50/50 custody but I'd like to

2 Answers | Asked in Family Law and Child Custody for Florida on
Answered on Jul 23, 2016

It is unlikely that the mediated verbal agreement will be enforced if you no longer agree to it's terms.
View More »

Q: If me and my ex have an agreement on visitation with my kids and its been over a year we have been doing this.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Jul 23, 2016

No, the police probably will refuse to get involved unless you first get a court order directing the police to assist.
View More »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.