Lawyers, Answer Questions  & Get Points Log In
Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can my rights be terminated if I have completed my case plan. I am the child's mother
Regina Irene Edwards
Regina Irene Edwards answered on Jul 15, 2020

Your case has an entire history that led to DFCS involvement and a safety plan. You need to speak to an attorney that can review all of the documents, evidence and hear your story before giving advice about a case in progress.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777...
Read more »

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Kentucky on
Q: My cousin is 16 years old & was put out She had an runaway charge but was caught what’s most likely to happen next ?

She was working & living with a friend, her legal guardian which is her older sister. doesn’t want her back home because they had an argument about her 16 year old sister crushing on her older sister boyfriend ( Which isn’t true ) she’s just insecure because the younger sister is... Read more »

Nancy E.S. Calloway
Nancy E.S. Calloway answered on Jul 14, 2020

I would like to answer your question, but the way it is put does not compute. If the guardian put her out, it makes no sense that she would file run away charges to get her back. It may be that you do not know the whole story, but only your cousin's explanation. Since she is considered a... Read more »

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: can a minors legal guardian keep custody over biological father in court

if so what type of information should be brought to court proceedings to help keep minor child with legal guardian

Neville Bedford
Neville Bedford answered on Jul 14, 2020

If a Guardian has been appointed. The father will be well advised to work with their attorney to present evidence of a significant change in circumstances to support a proposed modification of the arrangement, along with supporting evidence significant enough to meet their burden to show that it is... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I’m self representing my case in family law and have no family law background. I’m an MBA. I have to deal with this

Wacky , vexatious litigator as opposing counsel. She filed an IAH on me without telling them I am self representing . She also failed to provide me evidence I requested in discovery prior to filing this injunction as she’s trying to deprive me my constitutional right to write as a noted author... Read more »

Jay Hall
Jay Hall answered on Jul 14, 2020

I can understand your frustration, but frankly nothing you provided sounds unusual. You do not have a constitutional right to publish information about a family law case. Family courts regularly seal records to prevent dissemination of sensitive information. This is explicitly allowed by the... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hello i want to know what rights do i have over my domestic partners child? I have not adopted her,.
Chris M. Bradford
Chris M. Bradford answered on Jul 14, 2020

What do you mean by "rights over" the child? The right to discipline the child? Answer: No, because you are not the parent or guardian. The right to make decisions about the child's health, education or welfare, such as residence, school, doctor, have an operation? Answer: No,... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I signed a temporary guardianship for my sister to have my daughter , it's been over 6 months. Is it terminated?

I want to cancel it without her permission. She is lying and being deceitful saying I signed my rights but the paper is temporary guardianship and I want my daughter back. I think she tried to file for child support when I already have an open case and seemed custodial parent in another state. What... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 14, 2020

You do have the right to end the temporary guardianship and get your child back. You should consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action to address the situation. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a husband legally come and take the children from the mother if he hasn’t been there in 7 months

My daughter kicked her husband out of the home back in December due to violence I’m the sole care taker of my daughter and kids this man does not pay support or help with any thing these children he drinks and does drugs doesn’t have a home or job he calls her daily making threats he will have... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 14, 2020

Until she divorces him, he has equal rights to the children. So he can come and take them, just as she can take them. It would be wise of her to consult with an attorney about her options to move forward with a divorce if that is the direction she wants to go in. -Homer P. Jordan IV, Esq.... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I guess im confused about overnights

To me this read as we both have to agree & when agreed on a day to replace for one of the days already scheduled. It reads as follow.

" Father shall visit at mother's house Tuesday and Thursday from 4PM to 8PM Father's shall visit with his son from 9 AM to 6PM on... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 14, 2020

If you can't agree, you need to ask the court to decide. As I read it, the "agree to agree" part applies after the child is ONE, not TWO.

1 Answer | Asked in Child Custody for Louisiana on
Q: Can I file for emergency custody if my ex is not following guidelines during the pandemic and my kids are sick?

My wife's ex husband has split custody with my wife and I, 7/7, and our residence is their primary. My wife's ex husband has allowed the children to sleep over at friends' houses, taken them to public places and exposed them to unnecessary risk that we (as a group) had previously... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 14, 2020

Your custody attorney can file for ex Parte. However, the 1st circuit has already decided they will not interfere with joint or shared custody if one parent has a front line job. Their reception to risky behavior may be similar. Additionally for family law cases, the 21st JDC has already... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Indiana on
Q: Petition to establish custody and parenting time as to minor child born out of wedlock

Father of minor child has filed with the court a petition to establish custody and parenting time as to minor child born out of wedlock. DNA has been confirmed that he is not the biological father. Minor child is 19 months old. Petitioner has established paternity, minor childs biological father... Read more »

Troy Tyson
Troy Tyson answered on Jul 14, 2020

It is not clear from your information what question you are asking. Once a petition has been filed, the court will hold a hearing to make determinations on paternity, custody, and support. You will have a right to appear and present evidence and testimony regarding the issues that you discussed.

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: can my ex take my son away from me at twelve years old?

Me and my ex were never legally married. There was never any legal custody arrangements made and although he does legally pay child support and signed an affidavit. His claim is that when my son turns twelve he can choose who he wants to live with. and then added he doesnt however want his daughter... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Jul 13, 2020

No it is not true. He can petition the court for custody at any time, however he has to prove that there has been a material change in circumstances that promotes the best interests of the child in order to change custody. He’s bluffing you.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Texas on
Q: How can the District Attorney reject a case, but CPS found a “reason to believe” the incident occurred?

6 months ago my sister was watching my son while I was at work. My son’s father arrived unannounced to pick him up (we didn’t have a custody agreement at that time). My sister didn’t know who was at the front door and grabbed my son from leaving. His dad called the cops and accused my sister... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 13, 2020

The DA's decision not to prosecute your sister for a crime doesn't determine the outcome of the CPS case because the two agencies have different roles and different perspectives. To prove a crime, the DA's office would need to show that your sister acted with malicious intent or... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My sister an I are trying to leave an abusive household. But she is 14, how can I gain custody of her I'm 20.

We've called the cops in the past and they didn't help in anyway. My family member is threatening to get us beaten up. We want to leave but we are afraid she will get in trouble for being a runaway. Is there anyway I can gain custody of her even though I'm a full time college student?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

You could make a report to child protective services, or alternatively move for guardianship of your sister. You would have to establish in the guardianship proceedings that the parents are unsuitable to care for your sister. This is a high bar, but one that can be helped with a competant... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Well I attempted to divorce my wife and the bias magistrate dismissed my case without prejudice for failure 2 prosecute

How do I now go about filing for custody of my children ..even though she will contest that

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

You likely failed to get service on her. You need to actually have her served with the refiled complaint. Request service through the clerk of courts via certified mail, and follow up with regular mail if that fails.

2 Answers | Asked in Adoption, Child Custody and Family Law for Arkansas on
Q: Father of my child wants to relinquish his parental rights. I am willing to accept sole responsibility, can I?

I am not married to the father of my child and As I understand the court system says I have to have someone to adopt my child; ie: boyfriend or husband. Why? I am willing and capable of taking full responsibility, I will establish a will with guardianship in case something happens to me and... Read more »

James E Hensley Jr
James E Hensley Jr answered on Jul 14, 2020

In Arkansas, you can adopt your own child. You don't need someone else to adopt the child for you or with you. Seems odd but you basically follow the adoption statute; i.e., you must be over 18, of sound mind, have no felonies on your record, be able to care for the child and a few others that... Read more »

View More Answers

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: My nieces husband is fighting for custody of his daughter...my niece and her husband moved into my house

To eventually purchase it...can i still reside on the property in a tiny house

Kevin M Rogers
Kevin M Rogers answered on Jul 13, 2020

Until they evict you.

2 Answers | Asked in Child Custody for Louisiana on
Q: Domicile parent, 7/7, custody. Can I move 75 miles away and will can that force the court to change visitation to wkds?

I want to move 95 miles away but am being told I more than likely won't get granted that, so even if I do not get granted that I plan to move 75 miles away. My issue is will the court change the custody from 7/7 to every other weekend for the non custodial parent? Nothing has been set in... Read more »

Stephen Rue
Stephen Rue answered on Jul 13, 2020

You must comply with the state’s relocation statute.

View More Answers

1 Answer | Asked in Child Custody for New Jersey on
Q: My 17yr old son wants to start school & reside with his Dad in NC. I don't consent. My son gets free tuition at Rutgers.

My son graduated high school and will be visiting his dad for two weeks. If my son refuses to leave NC. What can I do as his custodial parent?

Richard Diamond
Richard Diamond answered on Jul 13, 2020

Since your son is only 17, I presume that he is going into his senior year of high school as opposed to starting college in September. So, lets play this out for you.

Under the terms of your divorce agreement, you are the primary custodial parent and your ex has parenting time with him....
Read more »

4 Answers | Asked in Child Custody and Family Law for Georgia on
Q: Can a husband legally come and take the children from the mother if he hasn’t been there in 7 months

My daughter kicked her husband out of the home back in December due to violence I’m the sole care taker of my daughter and kids this man does not pay support or help with any thing these children he drinks and does drugs doesn’t have a home or job he calls her daily making threats he will have... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 13, 2020

Yes. When the parties are married, they both have equal rights to the children. A divorce needs to be filed in order for a court to intervene in parenting time.

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

Fair, Flat Fees Only - No Hourly Billing

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Quarantine for 14 days

Have 50/50 agreement with my ex. She has been exposed to several people testing positive and continues to take my son around them. Can I keep him for 14 days without being in contempt.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 13, 2020

The Texas Supreme Court issued an order in March stating that parents should follow their possession schedules as if their children will still attending school. That being said, they have not issued a blanket order governing situations where one or both parents have COVID-19. Your best option is... Read more »

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.