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Child Custody Questions & Answers
Q: I have had custody of my grandson since he has been 18months he is 7 now. His mom has been in his life the last 3 years
Joseph Jaap's answer
There is a chance that the court would start giving her time with the child now, and possibly full custody later. The court will determine what is in the best interest of the child based on all the testimony and evidence presented to the court. Use the Find a Lawyer tab to retain a local family law attorney to help you with that process.
There is a chance that the court would start giving her time with the child now, and possibly full custody later. The court will determine what is in the best interest of the child based on all the testimony and evidence presented to the court. Use the Find a Lawyer tab to retain a local family law attorney to help you with that process.
Q: I'm 17 and will be 18 in August am I legally able to move in with my mom and finish home schooling there without trouble
Joseph Jaap's answer
When you are 18, you are no longer a minor, so you can make your own decisions where to live.
When you are 18, you are no longer a minor, so you can make your own decisions where to live.
Q: The father of my child has temporary custody what can I do to get my daughter back in my custody?
Q: Do I have sole custody of my child?
Regina Irene Edwards' answer
That question can't be answered without looking at the documents signed by the judge. You should consult with a family law attorney with your documents.
That question can't be answered without looking at the documents signed by the judge. You should consult with a family law attorney with your documents.
Q: The father and I broke up a days ago . he won't allow me to take her. what are my rights
Ellen Cronin Badeaux's answer
Mothers and fathers have the same custodial rights. If he won't let you have your child, then hire a custody lawyer.
Mothers and fathers have the same custodial rights. If he won't let you have your child, then hire a custody lawyer.
Q: If a mother can be proven unfit can she be put on child support?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Kristine Jones' answer
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it doesn't, then you are not required to pay for those additional expenses. Best of luck.
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it doesn't, then you are not required to pay for those additional expenses. Best of luck.
Q: I'm the guardian of my 2 nieces.The dad is the est. father of 1, not the other. Are visits reqr'd for the non est child?
1 Answer
| Asked
in
Adoption, Child Custody, Child Support and Probate
for
Oklahoma
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Kyle Persaud's answer
Before you can collect child support from this man, the man would have to be "adjudicated" the father -- that is, a judge would have to rule that he is the father.
If this man has not been adjudicated the father, is would appear that he does not have visitation rights. But, if the man is adjudicated the father, the court could give him visitation rights.
Before you can collect child support from this man, the man would have to be "adjudicated" the father -- that is, a judge would have to rule that he is the father.
If this man has not been adjudicated the father, is would appear that he does not have visitation rights. But, if the man is adjudicated the father, the court could give him visitation rights.
Q: What are my rights and what steps do I need to take to approach this fragile situation at hand logically?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Kentucky
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Timothy Denison's answer
Make s motion to modify the agreement and for the court to appoint a therapist to address the Patental Alienation Syndrome.
Make s motion to modify the agreement and for the court to appoint a therapist to address the Patental Alienation Syndrome.
Q: Me and my ex are getting a divorce, I am the mother he is filing for sole custody with me having no rights to them.
Timothy Denison's answer
Contact Legal Aid or your local bar association. They can help you fino a pro bono or reduced fee attorney.
Contact Legal Aid or your local bar association. They can help you fino a pro bono or reduced fee attorney.
Q: My child's mother is witholding visitation and filed for a custody modification, I havent seen my child in over a month.
Regina Irene Edwards' answer
You are correct that a modification action cannot be maintained while the custodial parent is in contempt. This requires a good deal of evidence including evidence that you have actively tried to enforce your parenting time rights.
You are correct that a modification action cannot be maintained while the custodial parent is in contempt. This requires a good deal of evidence including evidence that you have actively tried to enforce your parenting time rights.
Q: A judge in magistrate court signed a warrant at a hearing I requested against my child's babysitter who abused them.
Homer P Jordan IV's answer
There are facts of your case that would need to be reviewed in detail in order to provide you with direction on this. You should consider consulting with an attorney who can review the documents and provide you with direction. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
There are facts of your case that would need to be reviewed in detail in order to provide you with direction on this. You should consider consulting with an attorney who can review the documents and provide you with direction. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: If my wife has 50/50 custody but only actually takes <20% custody, can I get out of paying child support?
Kevin M Rogers' answer
Everything you have stated tells me that there is NO court order for child support, correct? If there is NO order then you would have a case in Small Claims Court to get back the difference between what you've actually paid and what the child support calculator says, but a different judge MIGHT say that what you've paid is a "gift," on behalf of your child. It's always best to go to court and let the court set a payment consistent with the Child Support Guidelines.
Everything you have stated tells me that there is NO court order for child support, correct? If there is NO order then you would have a case in Small Claims Court to get back the difference between what you've actually paid and what the child support calculator says, but a different judge MIGHT say that what you've paid is a "gift," on behalf of your child. It's always best to go to court and let the court set a payment consistent with the Child Support Guidelines.
Q: Child support and child custody
Andy Cook's answer
It's never too late to file for child support, but the sooner you file the better because any order for child support is usually only made effective the date that you file the paperwork -- not any earlier than that. If he's not paying child support now, I would need to know whether it's because there is no order in effect or whether it's because there is an order but he is simply not in compliance.
It is hard to answer your custody/visitation question because it is so specific and...
It's never too late to file for child support, but the sooner you file the better because any order for child support is usually only made effective the date that you file the paperwork -- not any earlier than that. If he's not paying child support now, I would need to know whether it's because there is no order in effect or whether it's because there is an order but he is simply not in compliance.
It is hard to answer your custody/visitation question because it is so specific and...
Q: Ex wife has alcohol issues,has primary custody but I want custody cuz she refuses treatment. What motions do i file?
Brent T. Geers' answer
You'll need to file a motion to change custody. Parenting time and support will be evaluated along with that.
You'll need to file a motion to change custody. Parenting time and support will be evaluated along with that.
Q: Child stays at grandparents and mother stays with boyfriend anything I can do cause she is supposed to be with mother
Kathryn Hilbush's answer
Are you inquiring about a PA or a MD case? In PA, if you wanted to force the issue you'd probably have to file a petition with the court but I would recommend that you first discuss the issues you have with the current situation with an experienced family law attorney before filing anything. t's hard to know from what you've said here why you feel your daughter should not be staying with the grandparents more than with the mother.
Are you inquiring about a PA or a MD case? In PA, if you wanted to force the issue you'd probably have to file a petition with the court but I would recommend that you first discuss the issues you have with the current situation with an experienced family law attorney before filing anything. t's hard to know from what you've said here why you feel your daughter should not be staying with the grandparents more than with the mother.
Q: Do custody agreements between parents have to go though the PA family court system to be legally binding?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Pennsylvania
on
Answered on Mar 13, 2019
Answered on Mar 13, 2019
Kathryn Hilbush's answer
Custody and support agreements need to be entered as court orders to be enforceable. However, assuming neither parent disputes the terms of the custody agreement, the fact that it's not been entered as court order should not cause an issue with the support case.
Custody and support agreements need to be entered as court orders to be enforceable. However, assuming neither parent disputes the terms of the custody agreement, the fact that it's not been entered as court order should not cause an issue with the support case.
Q: My ex wife is leaving our four year old daughter alone with a convited felon is there anything I can do
Leonard Robert Grefseng's answer
Perhaps? - your question does not provide enough information to answer accurately. You would need to be able to prove to the Judge that the child is being adversely/negatively affected by her exposure to this person. What were the convictions for? Leaving a sex offender alone with a 4 year old is a much different situation than leaving a child with a thief.
Prior dishonesty does not equal current danger. Consult an experienced family law attorney for specific advice on your situation.
Perhaps? - your question does not provide enough information to answer accurately. You would need to be able to prove to the Judge that the child is being adversely/negatively affected by her exposure to this person. What were the convictions for? Leaving a sex offender alone with a 4 year old is a much different situation than leaving a child with a thief.
Prior dishonesty does not equal current danger. Consult an experienced family law attorney for specific advice on your situation.
Q: I am 17 years old in Ohio, and my negligent grandparents have legal custody of me. Could I call CSB on them?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Ohio
on
Answered on Mar 13, 2019
Answered on Mar 13, 2019
Joseph Jaap's answer
Before doing that, if you have any other family members, teachers, or trusted adults to talk to about it, you should do that first. But you can call the local children's services office. They will investigate and could move you into foster care.
Before doing that, if you have any other family members, teachers, or trusted adults to talk to about it, you should do that first. But you can call the local children's services office. They will investigate and could move you into foster care.
Q: Girlfriend signed an acknowledgement of her ex as father to her child, she now wants custody. What's the best approach?
Lydia Seifner's answer
Yes, that is correct. Unless the parents are married when the child is born, mom has all the rights to the child until the father's rights are declared in court. Custody issues can be tricky so have the mother contact an attorney local to her to assist her in the matter.
Yes, that is correct. Unless the parents are married when the child is born, mom has all the rights to the child until the father's rights are declared in court. Custody issues can be tricky so have the mother contact an attorney local to her to assist her in the matter.
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