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Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Wisconsin on
Q: I am have been served with a motion to changed custody of my child. Do I have to submit a answer or form to the court
Jane E. Probst
Jane E. Probst answered on Sep 25, 2020

You are not required to do so. You can argue your case once you are in court. However, it is always beneficial to express our defenses to the Motion in an affidavit to be filed with the Court prior to the hearing so the Judge or Commissioner knows your position in advance of the hearing.It allows... Read more »

1 Answer | Asked in Child Custody for Kentucky on
Q: can I be emancipated in foster care at 16?

I'm 15 right now but I don't want to live with anyone.

Timothy Denison
Timothy Denison answered on Sep 25, 2020

Highly unlikely, no.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My ex and I agree that our daughter can move out of the country to live with me, do we still need to file a move away?
V. Joy Edwards
V. Joy Edwards answered on Sep 24, 2020

Yes. It is advisable that you get an attorney to make sure the proper paperwork is prepared.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: I want to win my divorce and custody case between me and my wife.

She filed for custody and I sent back the questionnaire but divorce papers still have not been filed yet. I am in Oak Park Michigan. I have been married for 16 years and there are four minor children. My son lives with me. What is my next legal step? I already tried to get the case dismissed and... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 24, 2020

The case will not be dismissed if she is actively pursuing it. Under what grounds would the court have authority to dismiss it? You could file for divorce since she apparently hasn't yet. That should be your next step.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can I get my daughter back from her guardian without paying lawyers fees and going to court?

My daughter Trinity, who is 7 years old now has been living with her aunt since she was 2 almost 3 years old. DSS came and got her and sent her to a temporary home until Trinity’s dads sister decided she was willing to go for guardianship in hopes we would get our lives together. Pretty much her... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 24, 2020

No, you can not do this over the phone like ordering a pizza. You need an attorney for the same reason you need a mechanic when your car breaks down - because you have no idea how to do it yourself. Another consideration is, if you can not afford an attorney, how are you financially stable and... Read more »

1 Answer | Asked in Child Custody for California on
Q: Can my friend do anything to get out of custody of her father?

My friend has a mentally abusive father. He screams at her for really small things for a long time now. He cusses and screams and it has taken a toll on my friends mental health. She has considered going to court with her mom to get out of custody from him but they’re scared to lose, or if they... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

There is a procedure called the emancipation of a minor that would exclude her father from further duties/privileges in raising her. Sounds like she really needs to contact a Family Law Attorney that handles Child custody matters for a full consultation.

Justia disclaimers below,...
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1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: How much will this cost,
Sheila Crumley Field
Sheila Crumley Field answered on Sep 23, 2020

How much will what cost? You haven’t said anything about the type of case it is.

1 Answer | Asked in Adoption and Child Custody for Massachusetts on
Q: I need a affordable child custody attorney I am trying to get custody of my 10 yr old son hes being abused and neglected

I understand how my child is and how he acts and listens to me

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 23, 2020

If you are in the Bronx and the child is living in New York you will need an attorney in New York as soon as possible.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: i want to live with boyfreind i want to emancipate myself we had a kid but lost him im 15 i stuggle with mom i work

me and my boyfreind want to get an appartment i want to emancipate myself at 15 and a few months when ive been stuggeling with my mom for 3 years knew my bf for a year and months dont feel comfterable with my step dad i work and my boyfreind works when i was pregnant my mom put alot of stress and... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 22, 2020

It is rare for a 15 year old to get emancipated. You do not say how old the bf is.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Have court order for 2 hour weekly visitation Saturdays 2-4pm. Just told we, the custodial and courts cant force kids

Have been "allowed" facetime visits only since March due to Covid. Been Sundays 1230 - 230 but kids started to just hang up with no explanation after 15mn to an hour. Told them next visit will be 2pm - 4pm Saturday inperson wherever they want. Replied we couldnt force them to go or stay????

Sharita Blacknall
Sharita Blacknall answered on Sep 22, 2020

Hire a lawyer to assist you with enforcing your custody rights. You may also want to consider getting a court order for family counseling to figure out why the children are resisting attending visitation.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My wife filed for divorce and is refusing to let me see our 11 year old son. Yesterday after I emailed her if we could

sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.

What options are available to have this bogus order lifted prior to the Oct. 8 court... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Family Law and Criminal Law for California on
Q: Approximately how much time will my babies dad have to do and is he at risk for losing custody?

My babies dad has been arrested and sentenced about 4 times for breaking a no contact restraining order, which then was modified to peaceful contact for visitations after our dcf case was open. A week ago my mom made an incident report because she saw him outside my bedroom window. He did it again... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 22, 2020

much more info needed.

it depends on a number of factors; his record, who the DA is and who the judge is etc.

this is a question that should be asked of his lawyer by him...........

if you are looking for him to do a lot of time, then maybe pose the question to the DA's office.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: If my daughter gets her GED and moves in with me, do I still pay her father child support?

My daughters father had her get her GED about a year ago at age 17 instead of letting her finish high school. She moved in with me in April and turned 18 in June. My check is still being garnished to pay child support. What should or can I do?

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

Child support is payable until age 19. You can file a motion to modify support based on her change of residence. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can my sons father be held in contempt of court?

My court order states that I can have twice weekly Facetime visitations from June to November. However, I haven't had a second Facetime visitation for one week every month during the week that I visit my son in North Carolina. So, I have missed one Facetime visitation in June, July and August.... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 22, 2020

Possibly. It depends on whose fault it is that you missed the scheduled visitation and if it is the father's fault, whether or not he has good cause for the failure to comply. Essentially, the only way for you to find out is for you to file a Motion to Show Cause. Best of luck.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Child support payments were made to caregiver after child was thrown out. Any way for the child to get the money now?

My husband's mother sent him off to live with his extended family in KY when he was 14. He is now 30. We believe his mother signed a power of attorney granting her sister (my husband's aunt) the ability to make decisions related to her son, and guardianship was never officially... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

No. The statute of limitations ran on that cause of action about 11 years ago.

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Kentucky on
Q: Can anything be done if a child's medical needs were not met by his caregiver?

My husband's mother sent him off to live with his extended family in KY when he was 14. He is now 30. We believe his mother signed a power of attorney granting her sister (my husband's aunt) the ability to make decisions related to her son, and guardianship was never officially... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

Likely not after all this time, no.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: How can I get the father off of my daughters birth certificate if I can't find him.

My ex husband faked an at home paternity test when my daughter was 3. I never questioned it since it was a way to get him out of our lives. He's had no contact with my daughter since. Now my daughter is 13 and wants to know for sure that he is her father and to have him removed for her birth... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

You are looking for advice on a very complicated matter that requires the assistance of counsel. I highly suggest you reach out to counsel in your county/city to discuss your options. Counsel can provide several mechanisms for locating him that you may not have at your disposal. And your case is... Read more »

3 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: My Wife is wanting to get full custody of her son from her Ex-husband. We can't afford a lawyer. Can it still be done?

Ex-husband has primary custody in a joint custody arrangement. He and the son live in Louisiana. She was to have sole custody before it was finalized. She let her son (5 or 6 at the time) spend a few months with Ex. He changed the papers and refused to bring son back because he didn't want to... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 21, 2020

Winning a custody case like this is extremely difficult without an attorney. She needs to find one.

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

Fair, Flat Fees Only - No Hourly Billing

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2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My wife and I are separated and are planning on divorce but she has kept my daughter from me for 3 weeks What can I do ?

I have tried contacting her multiple ways and she ignores all communication when I ask about our daughter ... we are still married just seperated and she filled for divorce 3 days after the baby was born in may but has not furthered the process, my two sons cry to see their sister almost... Read more »

Sharita Blacknall
Sharita Blacknall answered on Sep 21, 2020

You should hire a lawyer to assist you with moving the divorce forward and get your legal visitation rights started.

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1 Answer | Asked in Adoption, Family Law and Child Custody for Massachusetts on
Q: If my mom is in jail can a friend of mine get guardianship of me

I am 16 my mom left me in the care of a relative without birth certificate or social security card and I have been out of school for a year and am currently living with a friend who is filing for guardianship and feel unsafe goin back to my mom. How long will this process take and can or will they... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 21, 2020

If the Court finds the petitioner for guardianship to be suitable and in your best interest after first having the petitioner appointed temporarily usually there would then be a trial date for appointment of a permanent guardian for you until age 18. Sometimes the parent(s) assent to temporary or... Read more »

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