Child Custody Questions & Answers by State
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Child Custody Questions & Answers
Q: my wife took my child without my knowledge when I was at work. I don't know where they are. We are matried 4 years.
Leonard R. Boyer's answer
First report it to the police. Second, retain an experienced matrimonial attorney to go over this situation with you and formulate a course of action to resolve the situation. Good luck.
First report it to the police. Second, retain an experienced matrimonial attorney to go over this situation with you and formulate a course of action to resolve the situation. Good luck.
Q: My husband and I have been married for 6 years. I make double the amount of money he does. Will I have to pay alimony?
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
Illinois
on
Answered on Aug 20, 2017
Answered on Aug 20, 2017
Ray Choudhry's answer
It is possible.
A lot of things are taken into account.
If ordered, it would be for a limited amount of time.
It is possible.
A lot of things are taken into account.
If ordered, it would be for a limited amount of time.
Q: Sleeping arrangements by Oklahoma law
Gary Johnston Dean's answer
Sharing a room with your 2 year-old son is OK, as long as you don't have overnight guests while he is there.
Please visit my website at https://GaryJDean.com, and Subscribe on Home Page, to get law updates. Thanks
Sharing a room with your 2 year-old son is OK, as long as you don't have overnight guests while he is there.
Please visit my website at https://GaryJDean.com, and Subscribe on Home Page, to get law updates. Thanks
Q: My Baby's father signed the birth certificatebut we were never married does he have rights to keep my child
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Georgia
on
Answered on Aug 20, 2017
Answered on Aug 20, 2017
Ellaretha Coleman's answer
Signing the birth certificate alone does not give the father custodial or visitation rights.
Signing the birth certificate alone does not give the father custodial or visitation rights.
Q: Can I get help getting full custody of my twins
Pete David Louden's answer
Yes. If your case is in Oklahoma, consult with an attorney in Oklahoma to get help with your case and learn your options.
Yes. If your case is in Oklahoma, consult with an attorney in Oklahoma to get help with your case and learn your options.
Q: Does my ex-husband have grounds to file for a modification to our existing custody arrangement based upon who I date?
Regina Irene Edwards' answer
Your ex has a right to file for a modification based upon anything that may affect the children. He probably feels that having a violent man around his children is not the best idea. However, a judge might not find that is enough grounds to change custody. It also matters whether or not you are living with the boyfriend or just dating him.
Your ex has a right to file for a modification based upon anything that may affect the children. He probably feels that having a violent man around his children is not the best idea. However, a judge might not find that is enough grounds to change custody. It also matters whether or not you are living with the boyfriend or just dating him.
Q: If you try to get child support after a DNA test does this give the dad rights as a parent if hes a unfit drunk n drugs.
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Aug 19, 2017
Answered on Aug 19, 2017
Terrence H Thorgaard's answer
No, trying to get child support doesn't, in itself, give him parental rights.
No, trying to get child support doesn't, in itself, give him parental rights.
Q: My mother in law took my children across state lines without my consent and will not give them back what do I do
2 Answers
| Asked
in
Federal Crimes, Family Law and Child Custody
for
Illinois
on
Answered on Aug 18, 2017
Answered on Aug 18, 2017
Q: Live in oklahoma. Not married but have a daughter. Who gets custody if we go our separate ways. Me or her father.
Gary Johnston Dean's answer
You do, unless the father files a Paternity case seeking custody, and Judge awards him custody. There is a specific law saying the mother of child born outside of marriage is entitled to custody.
You do, unless the father files a Paternity case seeking custody, and Judge awards him custody. There is a specific law saying the mother of child born outside of marriage is entitled to custody.
Q: I need help filing petitioning the court (Oklahoma), for sole custody of my son.
Gary Johnston Dean's answer
Your best bet would be free legal aid from Legal Services. The www.lseo.org website may have forms to help you.
Your best bet would be free legal aid from Legal Services. The www.lseo.org website may have forms to help you.
Q: If you are married, but not legally separated, and have a child with someone else
Gary Johnston Dean's answer
Any child born during a marriage is PRESUMED to be the child of the husband, and he will be responsible for child support. It was pretty dumb of him to refuse to sign the denial of paternity form!
Next, it would be unlawful to "run ad in paper for divorce" if you knew how to contact him. He needs to be served with Summons, and copies of divorce paperwork. If he does nothing, the Judge will order him to pay child support.
Any child born during a marriage is PRESUMED to be the child of the husband, and he will be responsible for child support. It was pretty dumb of him to refuse to sign the denial of paternity form!
Next, it would be unlawful to "run ad in paper for divorce" if you knew how to contact him. He needs to be served with Summons, and copies of divorce paperwork. If he does nothing, the Judge will order him to pay child support.
Q: Why does it say full name of attorney-in-fact on the "I designate. If there is no attorney
Gary Johnston Dean's answer
An "attorney in fact" is not necessarily a lawyer. It is the name of the person who you authorize to do such acts as set out in the paperwork, by the person who signs it. Hope this helps.
An "attorney in fact" is not necessarily a lawyer. It is the name of the person who you authorize to do such acts as set out in the paperwork, by the person who signs it. Hope this helps.
Q: both parents move out of state(2 different states), can the state prior take jurisdiction over the new state filed in?
Aubrey Claudius Galloway's answer
As they both have standing the first order will be effective, and it would be up to the other party to show "a change in circumstances" to get that prior ruling reversed.
So the father is in good shape here. Hire an attorney and file a petition to amend the custody order based on a change of circumstances and that the mother willfully deceived the court by not disclosing the first order.
I'm happy to do a free consultation over the phone on this or an in person consultation...
As they both have standing the first order will be effective, and it would be up to the other party to show "a change in circumstances" to get that prior ruling reversed.
So the father is in good shape here. Hire an attorney and file a petition to amend the custody order based on a change of circumstances and that the mother willfully deceived the court by not disclosing the first order.
I'm happy to do a free consultation over the phone on this or an in person consultation...
Q: Can a Step-mom, get away with claiming to be legal guardian of my 12 yo daughter without any legal documentation?
Stephen J. Plog's answer
I suppose that he could grant her authority to gather documents for him. I cannot say that this is a violation of the joint decision making provisions. I he has not given her express authority to do so on his behalf, but rather she is posing as the child's legal guardian, I think this is an issue you need to discuss with the medical company(ies).
I suppose that he could grant her authority to gather documents for him. I cannot say that this is a violation of the joint decision making provisions. I he has not given her express authority to do so on his behalf, but rather she is posing as the child's legal guardian, I think this is an issue you need to discuss with the medical company(ies).
Q: I've had my cousins kids( my daughter)for seven years since she been 3 days old. Mom found out I was filing for custody
Joseph Jaap's answer
Use the Find a Lawyer tab to consult a local family law attorney. The answer depends on all the facts and what a court decides will be in the best interest of the children.
Use the Find a Lawyer tab to consult a local family law attorney. The answer depends on all the facts and what a court decides will be in the best interest of the children.
Q: How do I get him into court! I have called child support telling them everything and nothing has changed!
Cheryl Powell's answer
If they r not working fast enough for u, which is typical, hire a private lawyer or go to the circuit clerk's office to represent yourself.
If they r not working fast enough for u, which is typical, hire a private lawyer or go to the circuit clerk's office to represent yourself.
Q: How do you counter on a contempt?
Regina Irene Edwards' answer
You should probably get an attorney. You cannot counterclaim on a contempt action - you have to file a new case.
You should probably get an attorney. You cannot counterclaim on a contempt action - you have to file a new case.
Q: If there is no custody agreement and father has threatened to take child do I have to meet up for visitation?
Rand Scott Lieber's answer
It makes a difference if you are or were married. If never married, the mother has 100% timesharing rights until there is a court case or court order.
It makes a difference if you are or were married. If never married, the mother has 100% timesharing rights until there is a court case or court order.
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