Child Custody Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Child Custody Questions & Answers
Q: I live in Ohio, Me and My children's father were never married.Can he stop me from moving to florida in a month?
Joseph Jaap's answer
It seems he just asked the same question. OH has jurisdiction over the children. You would have to live in FL for a certain amount of time before FL would have jurisdiction. So the father could file here in OH, and the OH court could require the children to be returned. Use the Find a Lawyer tab to consult an OH family law attorney and a FL family law attorney.
It seems he just asked the same question. OH has jurisdiction over the children. You would have to live in FL for a certain amount of time before FL would have jurisdiction. So the father could file here in OH, and the OH court could require the children to be returned. Use the Find a Lawyer tab to consult an OH family law attorney and a FL family law attorney.
Q: I was married in new York but reside in NC she's in living in New York now over 30 day can I go by n.y. laws on divorce
1 Answer
| Asked
in
Divorce, Child Custody and Child Support
for
North Carolina
on
Answered on Jun 23, 2017
Answered on Jun 23, 2017
Amanda Bowden Houser's answer
Where you were married is irrelevant. Where you or your spouse reside and for how long determines where you are eligible to file for divorce. In NC either you OR your spouse must have resided in NC for at least 6 months AND you must have been physically separated (not living together) for one year in order to be eligible to file. I'm not sure what NY requirements are. If you only need a divorce and expect it to be uncontested, it will be far less expensive to file in NC if you are eligible...
Where you were married is irrelevant. Where you or your spouse reside and for how long determines where you are eligible to file for divorce. In NC either you OR your spouse must have resided in NC for at least 6 months AND you must have been physically separated (not living together) for one year in order to be eligible to file. I'm not sure what NY requirements are. If you only need a divorce and expect it to be uncontested, it will be far less expensive to file in NC if you are eligible...
Q: My fiances childs mother is wanting to move to florida for the 2nd time within an 8 month period. They have court aug.7
Joseph Jaap's answer
He should use the Find a Lawyer tab and consult a local family law attorney ASAP who can review the facts of the situation and advise him. If she does go to FL, the OH court could require her to return the child, but that could become a difficult process for your fiancé.
He should use the Find a Lawyer tab and consult a local family law attorney ASAP who can review the facts of the situation and advise him. If she does go to FL, the OH court could require her to return the child, but that could become a difficult process for your fiancé.
Q: I just turned 16, and I live in Ohio. My dad who has really bad health wants to sign to make me emancipated can he?
Joseph Jaap's answer
No, he can't. Here is information on emancipation at this link: https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx
If returning to live with your mother and abusive stepfather is not an option, then talk to other family members or other trusted adults about the situation.
No, he can't. Here is information on emancipation at this link: https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx
If returning to live with your mother and abusive stepfather is not an option, then talk to other family members or other trusted adults about the situation.
Q: How much should my ex pay me for child support and how many days a week should he have him for 50/50 custody?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Ohio
on
Answered on Jun 23, 2017
Answered on Jun 23, 2017
Joseph Jaap's answer
Ohio has a Child Support Worksheet that calculates a child support amount based on incomes of both parents and other factors. That calculated amount can then be adjusted for other circumstances. Shared parenting can be split however works best for the children and the parents. If the parents cannot agree, then the court will set the schedule based on what is in the best interest of the children. Many counties have standard parenting schedules to use as a starting point. Check your court's...
Ohio has a Child Support Worksheet that calculates a child support amount based on incomes of both parents and other factors. That calculated amount can then be adjusted for other circumstances. Shared parenting can be split however works best for the children and the parents. If the parents cannot agree, then the court will set the schedule based on what is in the best interest of the children. Many counties have standard parenting schedules to use as a starting point. Check your court's...
Q: currently have joint custoday what are chances to get full custody or ammend that father can't have around certain peopl
Mr. Joseph T Ireland Esq.'s answer
If the father is taking the children around someone that has recently been the victim of attempted murder and there is still is the possibility that something like that could occur again, I believe most family court judges would understand your request to restrict who the children are around. You need a local attorney to discuss your specific options.
If the father is taking the children around someone that has recently been the victim of attempted murder and there is still is the possibility that something like that could occur again, I believe most family court judges would understand your request to restrict who the children are around. You need a local attorney to discuss your specific options.
Q: brother has split custody of his kids,when she has them she leaves them overnight with boyfriends,daycare. What canwe do
Pete David Louden's answer
This is something I see all the time. Often a good option would be for him to modify the existing order to get the "right of first refusal." What this would do is everything she wants to dump the kids somewhere she would have to give him the first option to watch the kids. this would eliminate the problem.
Pete D. Louden
www.normanlaw.com
This is something I see all the time. Often a good option would be for him to modify the existing order to get the "right of first refusal." What this would do is everything she wants to dump the kids somewhere she would have to give him the first option to watch the kids. this would eliminate the problem.
Pete D. Louden
www.normanlaw.com
Q: Do I have to name my daughter's father in my WILL, if I don't want him as her guardian?
1 Answer
| Asked
in
Family Law, Child Custody and Estate Planning
for
Florida
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Terrence H Thorgaard's answer
No, you don't have to name anyone in your will.
If you want to suggest, in your will, that someone else be her guardian you can do that. It's not a guarantee that such person will be made guardian, but it wouldn't hurt.
No, you don't have to name anyone in your will.
If you want to suggest, in your will, that someone else be her guardian you can do that. It's not a guarantee that such person will be made guardian, but it wouldn't hurt.
Q: How can I get my kids back??
1 Answer
| Asked
in
Child Custody, Civil Rights and Public Benefits
for
New York
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Ali Ebrahimzadeh, Esq.'s answer
Who's taking the kids and why? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
Who's taking the kids and why? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
Q: Do I have the right to the minutes of my child's meeting with his attorney?
Ali Ebrahimzadeh, Esq.'s answer
Attorney-client communications are confidential, even here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Attorney-client communications are confidential, even here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Q: Can a family member serve my ex with request for order for child custody papers in California?
Ali Ebrahimzadeh, Esq.'s answer
Is the person a party to the case? The recipient need not hold the papers in hand. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
Is the person a party to the case? The recipient need not hold the papers in hand. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
Q: I have a 6 year old I'm in the middle of trying to get custody of her, What can I do if she's not being cared for
Ali Ebrahimzadeh, Esq.'s answer
You can file for custody and visitation rights, and you may seek to file for an emergency order. You can report child abuse/ neglect to the police and to CPS. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
You can file for custody and visitation rights, and you may seek to file for an emergency order. You can report child abuse/ neglect to the police and to CPS. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
Q: Im 15 and being treated bad at home by mom, can i move to live with my older brother.
1 Answer
| Asked
in
Family Law, Adoption and Child Custody
for
California
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Ali Ebrahimzadeh, Esq.'s answer
You can report child abuse/ neglect to CPS and the police. You can file for emancipation, or your brother can file to become your guardian. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of...
You can report child abuse/ neglect to CPS and the police. You can file for emancipation, or your brother can file to become your guardian. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of...
Q: I have been divorced for about 10 years but i was clueless about these legal process i realized inever got divorced
1 Answer
| Asked
in
Child Custody, Divorce and Family Law
for
California
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Ali Ebrahimzadeh, Esq.'s answer
You can contact the court clerk for a copy of your filings. If you never were divorced, you can file now. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
You can contact the court clerk for a copy of your filings. If you never were divorced, you can file now. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
Q: Can my brother serve papers for custody hearing in California if he is over 18 years old ?
Ali Ebrahimzadeh, Esq.'s answer
Is he a party to the case? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
Is he a party to the case? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
Q: can my 7yr old speak to the mediator...explaining where she wants to live ?
Ali Ebrahimzadeh, Esq.'s answer
It may be better to have her speak with a child therapist who would then testify as an expert in court or via mediation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
It may be better to have her speak with a child therapist who would then testify as an expert in court or via mediation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
Q: I went to mediation with the mother of my children came to an agreement but never signed.can I break the agreement?
2 Answers
| Asked
in
Arbitration / Mediation Law, Child Custody and Family Law
for
California
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Tobie Brina Waxman's answer
There is no agreement. If you didn't sign it, it's not an agreement, thus nothing to break.
There is no agreement. If you didn't sign it, it's not an agreement, thus nothing to break.
Q: im a father that pays child support , can the mother legally move my daughter to a different state without my permission
Ray Choudhry's answer
To move to another state she will have to petition the court.
You will then get notice and have a chance to be heard.
Unless, existing court orders allow her to do so.
To move to another state she will have to petition the court.
You will then get notice and have a chance to be heard.
Unless, existing court orders allow her to do so.
Q: Would the court grant custody to the father if the children were temporarily living with him for a year?
Joseph Torri's answer
It is likely the court will grant the father custody, especially if the children have been living with him in another state for a year. The agreement that was made is not necessarily a typical agreement, and the court will look to the best interest of the children. Since there is a huge distance between the parents, the court may decide to keep the children where they have been flourishing, etc., if that is the case. However, there is an agreement and it sounds like there needs to be court...
It is likely the court will grant the father custody, especially if the children have been living with him in another state for a year. The agreement that was made is not necessarily a typical agreement, and the court will look to the best interest of the children. Since there is a huge distance between the parents, the court may decide to keep the children where they have been flourishing, etc., if that is the case. However, there is an agreement and it sounds like there needs to be court...
Q: My girlfriend and I are split. I'm on my daughters birth certificate but other than that, no court order for anything.
Joseph Jaap's answer
Until you go to court and establish parental rights, and the court issues a custody order, the mother has sole custody, can live wherever she wants, and has no obligation to tell you where. She alone can decide who can have contact with the child, and who can't. Use the Find a Lawyer tab to consult a family law attorney.
Until you go to court and establish parental rights, and the court issues a custody order, the mother has sole custody, can live wherever she wants, and has no obligation to tell you where. She alone can decide who can have contact with the child, and who can't. Use the Find a Lawyer tab to consult a family law attorney.
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.
