Child Custody Questions & Answers by State

Child Custody Questions & Answers

Q: If a child has been living with their dad for years and the mom is trying to take the child, what should he do?

1 Answer | Asked in Child Custody for Georgia on Mar 24, 2015

Answered on Mar 24, 2015

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Julie A. Rice's answer
A few questions have to be answered. First, were you married to this woman when this child was born? If so, then file for a divorce and ask for sole physical and legal custody. If you were not married and the child has not been legitimated (your name on the birth certificate is not enough to prove legitimation ~ to prove that the child is your biological child, then you need to file with the Superior Court a Petition to Legitimate the Child and I would suggest that you retain an attorney to...

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Q: My daughter recently fled Florida due to domestic violence which included her husband theatening to kill himself

1 Answer | Asked in Child Custody for Florida on Mar 18, 2015

Answered on Mar 24, 2015

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John Arthur Smitten's answer
If the children lived in FL then you have to deal with the case in FL. You can ask for emergency custody and child support.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: My brothers are not being taken care of.I am living in Germany is there any way that i can get custody? Without a lawyer

1 Answer | Asked in Child Custody for Florida on Mar 22, 2015

Answered on Mar 24, 2015

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John Arthur Smitten's answer
You have to come to the USA.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: How long do you have to petition the court after a 30 day notice of a parent moving out of state with child?

1 Answer | Asked in Child Custody for Georgia on Mar 21, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
You need to read your court order. If the court order says that you can leave after 30 days notice, then you can leave. If you are leaving for good, and that is going to interfere with the fathers visitation, then you have a problem. Then, you must petition the court to modify the child custody based on the fact that you have a significant change in circumstances such as a new job, family to help you, etc. that makes it necessary for your to move, and the father has ever right to object and...

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Q: How do i gain full legal& physical custody of a child , that lives with me all the time, but the dad kidnap him from fam

1 Answer | Asked in Child Custody for Georgia on Mar 22, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
You need to report this to DFACs. IMMEDIATELY. You will not get custody unless the situation is so egregious with the biological family and unless the child was placed with you legally, then you are in big trouble for not letting the family know the whereabouts of this child. The biological family is the family that is first in line for that child and if you are caught aiding and abetting a kidnapping then you could see jail for a very long time.

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Q: I'm a Georgia resident my wife and I are not together she wants move out of state how to stop taking my kids

1 Answer | Asked in Child Custody for Georgia on Mar 22, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
File for a divorce. That will stop anybody from moving the children or any assets until the divorce is final. Otherwise, she can take the kids anywhere she wants, and so can you, just so long as you keep each other notified as to the whereabouts of the children so the other parents doesn't worry or think that the kids have been kidnapped.

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Q: How difficult is it to change county's SantaRosa to Okaloosa for custody modification ?

1 Answer | Asked in Child Custody for Florida on Mar 19, 2015

Answered on Mar 22, 2015

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Robert Jason De Groot's answer
It depends upon the facts and the reasons for a change in venue. If the parties both reside in the new county, it should not be difficult, but if one still resides in the original county, it will probably not be changed.

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Q: I had temporary custody of my grandkids and been had them for six years do the mother has right to them

1 Answer | Asked in Child Custody for Georgia on Mar 20, 2015

Answered on Mar 21, 2015

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Julie A. Rice's answer
Yes, the biological mother can always petition the court for her children and if the court believes that it is in the best interest of the children to live with their mother, then the mother will have custody. Georgia courts don't look favorably on grandparents having custody and if the parents are fit, the children will be placed with the parents.

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Q: Can my cps investigator tell me to get off suboxone, which I am legally prescribed, in order for me to get my son back?

1 Answer | Asked in Child Custody for Florida on Mar 18, 2015

Answered on Mar 21, 2015

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Robert Jason De Groot's answer
Tell you? Yes. What she said is just her opinion, and it is a good opinion. It is up to the judge.

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Q: A custody petition was filed with inaccurate information. My attorney said it doesn't matter what is in the petition and

2 Answers | Asked in Child Custody for Georgia on Mar 11, 2015

Answered on Mar 19, 2015

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Julie A. Rice's answer
An amended petition should be filed. The petition was filed under oath via. the execution of the verification that should have been attached and filed with the petition, and your court testimony is under oath. If those two are inconsistent, then you could be impeached.

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Q: If the,dad has custody can the my get the child back

1 Answer | Asked in Child Custody for Maryland on Mar 12, 2015

Answered on Mar 19, 2015

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Evan M. Koslow's answer
custody is always modifiable until the child turns 18. Any party who files for a modification must prove that there is a material change of circumstances that warrants the court to consider to modify the custody arrangement. Even if a party can prove a material change of circumstance, it does not mean that custody will be modify. The court first has to look at 11 factors (that it looked at at the original custody determination) to determine what custody arrangement is in the child's best...

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Q: I want a full custody for my two kids. My ex wife is mentally unstable to properly take care of kids. What can I do?

2 Answers | Asked in Child Custody for Florida on Mar 15, 2015

Answered on Mar 17, 2015

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Robert Jason De Groot's answer
You probably have to file a paternity case. Get an attorney on your side.

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Q: My ex has threatened in the past and recently that he's going to take the kids and leave. What can I do?

2 Answers | Asked in Child Custody for Florida on Mar 11, 2015

Answered on Mar 15, 2015

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Robert Jason De Groot's answer
You need to actually go speak with a family attorney to learn what you should be doing, and what he can and cannot do.

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Q: I have 50/50 custody of my kids. My ex wife does not follow the custody papers I live 16 hours away. What can I do?

2 Answers | Asked in Child Custody for Florida on Mar 12, 2015

Answered on Mar 14, 2015

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Robert Jason De Groot's answer
Get an attorney to review the circumstances, all of them, and advise you.

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Q: I want to leave state with my son but now my son father wont sign for me to go hes an unfit father what can I do now?

1 Answer | Asked in Child Custody for Florida on Mar 9, 2015

Answered on Mar 13, 2015

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Robert Jason De Groot's answer
If there is a court order establishing paternity, you probably need to get permission from the court to move. You do that by filing a relocation petition. Get counsel.

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Q: I can't get my Ex wife to allow our 7yr old son to come live with me. What can I do?

1 Answer | Asked in Child Custody for Florida on Mar 8, 2015

Answered on Mar 12, 2015

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Robert Jason De Groot's answer
You can go hire a family attorney or at least discuss what is possible with a family attorney near you.

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Q: Is it true that the Florida courts are considering giving divorced parents with joint custody the ability to have their

1 Answer | Asked in Child Custody for Florida on Mar 11, 2015

Answered on Mar 12, 2015

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Robert Jason De Groot's answer
Yes, but that would be rare, depending upon the facts of the case and where the parents live in relation to each other.

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Q: Do I need a lawyer?

1 Answer | Asked in Child Custody for California on Mar 2, 2015

Answered on Mar 10, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you are trying to adopt the child, you should retain an adoption attorney to assist you through the process.

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Q: I have custody of my son he wanted to live with his dad in Florida so I let him now I am having trouble out of his dad

2 Answers | Asked in Child Custody for Florida on Mar 5, 2015

Answered on Mar 6, 2015

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Robert Jason De Groot's answer
Where was the divorce? Were you even married? You need to go see an attorney, but from what you have written I cannot tell which state you need to see an attorney in.

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Q: Relocation Clause in a custody case can i has no limitation where the i can move in the future without prior authorizati

1 Answer | Asked in Child Custody for Florida on Mar 2, 2015

Answered on Mar 5, 2015

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Robert Jason De Groot's answer
In order to understand what you are saying, I would need to read the document you refer to.

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