Child Custody Questions & Answers

Q: My grandparents both had legal custody of me, do I have any rights to my grand father?

1 Answer | Asked in Child Custody, Child Support, Family Law and Estate Planning for Florida on
Answered on May 26, 2018
Terrence H Thorgaard's answer
Are you asking about the right to inherit from your grandfather? His estate goes to his descendants, which would include your uncle and any other of your grandfather's children, as well as to his grandchildren.
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Q: I’m thinking about ending my marriage. We have one child. I only care about what’s best for her. What are my first steps

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Answered on May 26, 2018
Amanda Bowden Houser's answer
The first step is to separate. You must be physically separated for one year to be eligible for divorce in NC. At this point you may want to consider entering into a formal separation agreement to resolve child issues such as custody, support, visitation as well as other marital issues. You can visit our website for more information to see if our services are a good fit for you https://www.easyncdivorce.com/separation-agreements
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Q: Do you have to be served for custody petitions, divorce papers, or anything related to visitation as we are separated?

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Answered on May 25, 2018
Regina Irene Edwards' answer
Yes, he has to be served. If you do not know his address, you will have to prove you have diligently attempted to find it prior to service by publication.
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Q: My wife want to dissolve our marriage and want mediation. She has contacted a lawyer to helps through this.

1 Answer | Asked in Divorce and Child Custody for Ohio on
Answered on May 25, 2018
Robert Mues Esq's answer
Yes. You should schedule an appointment with an experienced divorce lawyer to discuss your rights and to develope points to help negotiate during the mediation. Don't be blindsided during the mediation process!

Good luck.
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Q: I have recently regained sole custody. Does my child support terminate automatically or do I need to file a motion?

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Answered on May 25, 2018
Bari Weinberger's answer
Thank you for your question.

Yes, in order to terminate or modify the child support order, you have to file an application with the Court. In order to do so, you have to show that there has been a change in circumstances for same, which is the change in custody in your case. I strongly encourage you to schedule a consultation with an experienced family law attorney.

I hope this information was helpful to you.
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Q: How do I file for abandonment and nonsupport on my ex husband in NC

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on May 25, 2018
Amanda Bowden Houser's answer
I am assuming you mean he abandoned you and is not supporting you and not that you want to file for these things. If so, you need to consult with a local family law attorney ASAP. Theses are not issues you likely can not resolve on your own.
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Q: If I’m the temporary guardian of a minor can I get that termination?

2 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on May 25, 2018
P. Justin Thrailkill's answer
If you are no longer willing to serve as the guardian you can move the court to terminate the guardianship. Depending on the parents' circumstances, the child may be taken in to state custody if you do this.
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Q: signed rights away because it was the only way to leave, my ex who has custody is selling weed what can I do?

2 Answers | Asked in Child Custody and Family Law for Louisiana on
Answered on May 24, 2018
Douglas Lee Bryan's answer
First, you had other options than to "sign away your rights". I'm guessing you mean you didn't actually give up your parental rights, but rather you agreed to let your ex have sole custody. If that's the case, you can file a petition for modification of custody wherein you ask for custody to be granted to you. You should contact a family law attorney to help you with this. Give me a call and I'll be happy to discuss the matter further, including fees and costs.
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Q: Am i required to give spouse 2 weeks of uninterrupted time if he did not submit request in time?

1 Answer | Asked in Divorce, Family Law and Child Custody for Arizona on
Answered on May 24, 2018
Randi Sirlin's answer
As long as your Decree and Parenting Plan does require that a request be submitted no later than May 1, in writing, for the two weeks of parenting time, and there are no repercussions stated in the Decree and Parenting Plan for failure to do so, then you do not need to agree to a verbal request.

If you need further assistance, I advise contacting an experienced family law attorney.
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Q: My husbands cousins son who is 14 want to come and live with us what do we need to do to get custody?

1 Answer | Asked in Child Custody for Missouri on
Answered on May 24, 2018
Lydia Seifner's answer
You will need to seek guardianship of the child. Talk to an attorney in the jurisdiction where the child is located as soon as possible.
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Q: Can I fight for my step son because his mom was never told that his real dad can't see him he has not seen him at all

1 Answer | Asked in Family Law and Child Custody for Missouri on
Answered on May 24, 2018
Lydia Seifner's answer
It is unclear if you step-son is living with his mother or with his grandmother. If the child is living with his mother already, then you have no rights the child. If the child is living with the paternal grandmother of unwed parents, then only the mother has rights to the child without a court order saying otherwise. Talk to an attorney local to you to determine your options.
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Q: I have 50/50 custody. Have a new child with current wife. Do they care about that bond? She wants to modify, shes bro

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on May 24, 2018
Kathryn Hilbush's answer
The court is to review 16 factors when making a custody determination. Here's the link. Read sections 5328-5329.1. You'll see that the factors include relationships with siblings. You would do well to consult with a experienced family law attorney in your area in person. FYI - her filing first is of no consequence.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM
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Q: What kind of rights does my child’s father have if we never married

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on
Answered on May 24, 2018
Cheryl Ann Truesdale's answer
An unwed father's paternity, and therefore his parental rights, has to be established by a family court order even if his name is on the birth certificate. Paternity will be the first issue that will need to be addressed in an initial child support, visitation or custody case. Paternity can be established as easily as having the father and mother admitting in court that he is the father. If there is a dispute as to paternity, DNA testing can be done.
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Q: Can a child decide they don't want to see the other parent after a court order has been made? After a certain age?

1 Answer | Asked in Child Custody for Ohio on
Answered on May 24, 2018
Joseph Jaap's answer
The court-ordered parenting time must be met, until the court changes it. If father will agree, then work out a new schedule, submit it to the court as both parents agree, and the court might approve it. The court could hold a hearing to hear from your daughter, but it is up to the court to decide, not her. A court might give more weight to the desires of a teenager. Use the Find a Lawyer tab to retain a local family law attorney to advise you.
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Q: In the State of TN when a parenting plan has been put in place what will happen if child is withheld from either parent?

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on May 23, 2018
Kimberly K. Schreiber's answer
Yes, it is a misdemeanor or a felony depending on whether or not the parent withholding time is the Primary parent (PRP). You can file a Petition for Contempt and she will be required to appear and tell the court why she is not abiding by a court ordered Parenting Plan. If you are paying child support, be sure to keep up with all payments so you are complying with every aspect of the Parenting Plan. When you are doing all the right things for your child it really helps your case. Also, keep...
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Q: Will dhr give me my child back after I've completed my court ordered classes? My next court date is in 6 months.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Tennessee on
Answered on May 23, 2018
Kimberly K. Schreiber's answer
Unfortunately, the answer is "it depends." Court schedules, attorney schedules, testimony, continuances, it could be more than 6 months and even then you might not get complete custody returned to you. You need a good lawyer that is in juvenile court all the time. Someone who will push for speedy hearings and advocate for you.
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Q: can a mother move a child out of state

1 Answer | Asked in Child Custody for New Jersey on
Answered on May 23, 2018
Leonard R. Boyer's answer
Yes, however the standard to move out of state has changed drastically as a result of a recent landmark case. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it was established that trial judges...
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Q: What are our options?

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on May 23, 2018
Kimberly K. Schreiber's answer
Do you have a Permanent Parenting Plan? Have you been allowing her to see the child? There are lots of factors in Parenting Plans. If you refuse to let her see the child and there is no court ordered parenting plan, she needs to go to court to get permission to see the child (establish her rights). It is rare for the court to allow an absentee parent to move the child away from the only home, school and friends he has ever known. Consult with an attorney that regularly practices in...
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Q: Can I have my child's bio mom's rights terminated - she hasn't seen him since birth 4 years ago, and pays no support.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on May 23, 2018
John Hyland Barrett III's answer
Usually, termination of parental rights in a case like yours only happens in case of a step-parent adoption. If that is done, her rights probably would be terminated and your spouse could adopt. Otherwise, the court will think there is no reason to terminate.
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Q: Does my mother have to give me father legal papers? custody question

1 Answer | Asked in Child Custody for Ohio on
Answered on May 23, 2018
Joseph Jaap's answer
He should contact the county office that handles birth certificates and the social security office to find out how to get replacements.
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