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Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Oregon on
Q: rights of DHS Children's Services to remove a child out of his grandmother's Care on an accusation without a warrant

We need to know what the next step would be for the parents to going to court today and get the child back

Joanne Reisman
Joanne Reisman answered on Jan 24, 2020

DHS does have the power to remove a child if there is an issue that involves the child's care or safety. The child's parents absolutely have the right to go to court and find out what is going on. They can either hire their own Attorney or the court will appoint one on request. The child is also... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What do I need to do to get a divorce from my husband who was deported back to Mexico? We have a 9 yr old daughter.
Jon R. Boyd
Jon R. Boyd answered on Jan 24, 2020

File a Petition for Divorce assuming you have lived in Texas the last 6 mos and you have lived in the same county in which you're going to file for for the past 90 days.

Then, though, you run into how to get him legally served.

Best you consult with a lawyer because there are...
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1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Am I technically getting served if processor served my mom but it was for me? Do I have to show up for court?

A private processor went to my moms house and served her papers that were meant for me. I do not live with my mom. She lives in Louisiana and i stay in Houston. Does it still mean I got served even though I have knowledge of it?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 24, 2020

No that is not service

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: State has temp custody I need my biological mother removed where she has no rights since she is a severe alcoholic

Not only is she a drunk but she talks bad about me in front of my children but dfcs is considering giving them to her anyways just because she is my biological mother! Help I have no idea how to remove her legally from my life

Regina Irene Edwards
Regina Irene Edwards answered on Jan 24, 2020

You will need to speak with an attorney about your specific situation. This forum is best for general questions. An attorney will be able to review your case and listen to your story and give you the best advice about how to proceed.

--Regina Edwards | www.EdwardsFamilyLaw.com |...
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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I'm caring for my nephew at the moment (for the last 3 years my brother has)they split up when my nephew was 4 now hes 8

What RIGHTS do I have as the AUNT? My brother/his ex girlfriend have no legal court documents for custody over my nephew. Nephew just now been living with his dad (my brother) for the last 3 years while his mom (ex GF) gets "on her feet". But my brother had to leave for a couple of months out of... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 24, 2020

You don't have any rights at all. If you want custody of your nephew, speak to an attorney about filing for guardianship or custody.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

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1 Answer | Asked in Child Custody for Louisiana on
Q: how do I relocate with my child when I have joint custody with his father? He is joining the navy and is okay with it

from Louisiana to Missouri

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 23, 2020

You need an attorney or mediator to file a Consent Judgment to Relocation.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: My son is incarcerated and just received papers that the mother is going for custody.

Papers say he has no contact with his son. He talks to him several times a week. And the mother. Is there any help for him as I am in Texas and do not have the resources to help him with legal aid. The papers also say he never contacts his son which is untrue.

Adam Bull
Adam Bull answered on Jan 23, 2020

If he is in custody he cannot have visits with his child. It is unlikely a court would do anything other than award the other parent custody.

If she is seeking to terminate his parental rights that's another issue with many factors.

Consult a local experienced family law attorney...
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1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: i sent a modification to the courts because my child is 19 and not in school, mother got wind and is fighting it

mother went and got him enrolled into community college starting today so it will show he is in school on our court date 02/25. she does not give him the child support nor does he live with her. she lies about it saying he does, she is homeless living with her parents, but wants my child support to... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 23, 2020

Child support for your 19-year-old child should end when he turned 19, assuming he has graduated from high school. His being in college should not matter. However, it appears you have another child. So, child support should be re-calculated with the current incomes and time-sharing factors. You... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Is it possible to change my child’s last name to mine?

I would like to change my child’s last name to my last name. Their dad and I were never married, we don’t have any court order custody agreement, and he’s always been in and out of her life and not financially responsible. I was informed by him about 6 months ago that he has started the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 23, 2020

It can be done through the courts, but you will be required to provide notice of the court proceeding to the child's father. Be prepared to show it is in the best interest of the child to change the name.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I need to establish custody if other parent is in prison?

I have a 4 year old and no written custody agreement. My ex husband is currently in jail. Do I establish full custody now or wait till he is released

Cary B. Hall
Cary B. Hall answered on Jan 23, 2020

Realistically, you'll be making 100% of the parental decisions as long as he's incarcerated, and you don't need a court order to do that. However, once he's out, there could be some friction between you two if you can't always agree on child rearing. If you think that's likely, you may want to... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What is the procedure in PA to file for a change of jurisdiction to another state for child custody?

My children are not PA residents and there is documented child abuse (through counselors) in the PA parent's home. All evidence is outside PA.

Cary B. Hall
Cary B. Hall answered on Jan 23, 2020

I see you're asking your question from NY State, and so I'll presume that the state where you and the children reside.

So long as the children have resided in NY State for the past six (6) months, NY State should have jurisdiction of child custody decisions now. Open a custody case in your...
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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: If the baby is born in Ohio, how soon can I start the court process to fight for full custody after she is born?

I have a baby on the way, she will be born within the next month. However, I see the mother as unfit to raise a child. I want to fight for full custody of my child when she is born. Is the other parent allowed to leave to another state (with the child) while a custody battle is in process? What is... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 23, 2020

The custody process should start with you consulting a family law attorney. After the child is born, you would have to prove paternity, then file for custody with the court. The court would decide what is in the best interest of the child based on evidence and testimony properly submitted to the... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: how does one file for an at fault divorce based on adultery and abandonment and mental health issues

Has been multiple incidents with physical mental and verbal abuse as well as abandonment and adultery there's also one biological child in household as well as a non-biological child who is mentally disabled with autism who has also been verbally and mentally abused by spouse

Chad Zubi
Chad Zubi answered on Jan 23, 2020

You would need to assert your grounds for the divorce in your petition. Issues regarding children will also be dealt with during your divorce. Child issues consist of things like rights and duties regarding the children, child support, and possession and access (visitation). It sounds like you... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Juvenile Law for Texas on
Q: can this document be copied and edited to accuse someone of choice no defendant mentioned

I feel during this time here in San Antonio alot of he did it she did it Crazy what money does to a state written by Felica marie gallegos from fresno ca lives in san antonio texas

Grant St Julian III
Grant St Julian III answered on Jan 23, 2020

I am not sure of your exact question, or the situation you describe. Sit down with a local attorney. Good luck.

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Filed for legitimation custody/visitation. What do I do now?

I've filed, mother has absconded with our children and moved out of state. I knew where she would be, her mothers house, and was able to get a good serve. I had an attorney help with the paperwork. I know Ga has jurisdiction due to UCCJEA. They havent even been gone 3 months, lived here 2.5 yrs... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 22, 2020

You need an attorney. Even if you have the evidence of her mental health conditions, if you do not know the rules of evidence to get that information before a judge, the judge can not consider it. You may also want to request a guardian ad litem to investigate the living conditions of mom's... Read more »

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3 Answers | Asked in Family Law, Adoption and Child Custody for Georgia on
Q: If i have a dfacs case in they gave me a plan to work in i didn't.than i finally wanted to work my plan. In they are try

To get my kids adopted how can I prevent that.

Ellaretha Coleman
Ellaretha Coleman answered on Jan 22, 2020

You need to first begin working the plan and attempt to get as much done in the case plan as soon as possible. You also need to immediately contact an attorney to discuss your options for fighting the termination of your parental rights. This is a serious matter and should be treated as such. Once... Read more »

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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My fiancé and I had recently broken up we have a four month old little boy After me and her had broken up her parents

Add kick me out the house with no place to go and no noticed I move to Illinois from Kentucky mid June 2019 Being forced to give up a really good job and move back to Kentucky so that way I am not homeless and on the streetsWe resides in Kentucky my mother Dad and general family and my able to file... Read more »

Timothy Denison
Timothy Denison answered on Jan 22, 2020

There are many factors that go into the decision but there is a presumption that there should be 50/50 parenting time.

1 Answer | Asked in Child Custody for Rhode Island on
Q: How can i get full custody of my daughter i just find out today she is pregnant she is 12 we have joint custody

We have joint custody mom has placement

Neville Bedford
Neville Bedford answered on Jan 22, 2020

I would suggest you meet with and discuss all of the particulars in private with a practicing family law attorney. There will be considerations for both generations to be addressed, including the new father's role in supporting your grandchild as well.

1 Answer | Asked in Child Custody for Michigan on
Q: Regarding paternity and custody

My 25 yr old son was in a relationship, woman said he was the father of baby. They broke up in May 2019 and she will not have anything to do with us or him. No communication at all. He truly needs help and does not have much money. Can he get a legal aid attorney and how? He wants to be in the... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

Many courthouses have a legal assistance center or otherwise a place where they have forms available for these sort of matters and have staff able to assist in filling them out appropriately. Do that and get this matter before a judge. Continued communication with this woman is unlikely to yield... Read more »

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: My daughters mother was charged with 3rd degree felony child neglect. Me the father can I get sole custody?

Have had my daughter for 2 years now and still pay child support.

Regina Irene Edwards
Regina Irene Edwards answered on Jan 22, 2020

Yes, you have a great case for custody. You need to file ASAP.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

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