Get free answers to your Child Custody legal questions from lawyers in your area.
Your current state is Virginia
I was put on child support by default without being informed about any court proceedings, and I'm unsure if the child is biologically mine. How can I address this situation, contest the child support order, and request a paternity test?
answered on Mar 20, 2025
You need to challenge the court order entered without notice to you. The best method for such a challenge depends upon the procedural facts of your case. You need to consult an attorney experienced in both family law and appellate law as soon as possible because all of your available remedies... View More 
I have been paying child support, but my ex has continuously prevented me from seeing my children since 2016. There is no formal custody or visitation order in place, although I have raised this issue during child support hearings and was advised to seek a pro bono family law lawyer. Despite... View More
answered on Mar 20, 2025
You need to file something with the Court asking the Court to set periods of visitation so that your vistiation rights become an order of the Court. If yoou are unable to hire an attorney, then contact the local bar association and see if they have a pro bono program, or if they can provide you... View More
I have visitation with my 9-year-old daughter from 10 am on Saturday to 4 pm on Sunday. She prefers to be at home at night rather than staying over, but her mother insists she must stay. I've tried talking to the mother about our daughter's preferences, but she hasn't agreed to a... View More
answered on Mar 18, 2025
I assume your custodial arrangement is in writing in the form of a stipulation or judgment which has most likely been signed by a Judge---assuming that is correct, then unless (until) it is changed, that is the rule/law of your case and is to be followed unless the parties agree not to do so. If... View More
I had a court date on March 11, 2025, regarding a parentage case. The respondent filed a request to quash the case, citing my relocation to a new county, but the judge ruled against quashing. During that session, the judge also confirmed paternity, and the respondent signed a paper acknowledging he... View More
answered on Mar 18, 2025
Default occurs when the Respondent does not file a response to the petition for parentage (aka paternity; aka Petition to Establish Parental Relationship). The responding party is not necessarily in default because they do not file a response to other types of filings such as a Request for Order.... View More
My wife and I are considering a mediated, amicable divorce, but we will be moving from Arizona to Utah this summer, possibly in August. We have been Arizona residents since 2023 and have two children, ages 9 and 5, with plans for 50/50 custody. We are deciding whether to file for divorce in Arizona... View More
answered on Mar 17, 2025
One of the requirements for filing in Arizona is that at least one of the spouses must be domiciled in Arizona for 90 days. That means you must have lived here for the 90 days prior to filing for divorce with the intent to remain here. You indicate, "We wish to file for divorce soon after... View More
I recently broke up with my girlfriend, and we have a child together. We verbally agreed to share custody, each having half a week with our child. However, she told my sister she wants to take my daughter away from me, which she's denied to me, but she often lies. There has been no formal... View More
answered on Mar 17, 2025
It sounds like it is time to go to Court. It's probably the only option you have right now to protect your parental rights.
What you're going to need to do is file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and get... View More
In one county, a woman lost custody and parental rights to her child, who was then moved to another county. Despite this, she continued to receive child support from the father in the first county, as the court was unaware of the custody change. The child support order continued for over 17 years,... View More
answered on Mar 16, 2025
A person can not go to jail simply for receiving child support under a valid child support order. However if the person lied under oath in court about where the child lives, whether the child was emancipated or if service of process was validly effectual, those are criminal perjury.
I am a stay-at-home husband, a veteran with 100% permanent and total disabilities, earning $50,000 a year. My wife works part-time, and I cover all living expenses. We moved to California six months ago temporarily to stay with my wife’s parents, but our home and my insurance are still based in... View More
answered on Mar 15, 2025
Since no one has filed anything yet and therefore there are no court orders, you are free to move wherever you want. Since you have both lived here (CA) for at least 6 months, Mom can likewise, file here in CA and get custody orders in place, forcing you to bring the child back to CA from Ohio.
I am scared of my children's father and want to obtain joint custody, but he refuses to let me break up with him, threatening to hurt me and take my kids. I have not taken any legal action against him, and currently live in a hotel with my kids until moving into my own place on April 1st. I... View More
answered on Mar 14, 2025
If your husband is placing you in apprehension of imminent serious bodily harm, you can petition the court (either District or Circuit) for a Protective Order. That Order could require your husband, by example, to refrain from having any contact with you, staying away from your current residence,... View More
My divorce was finalized in December 2023, and I was served with temporary orders in September 2024. Today, I discovered my ex-husband made medical decisions, specifically vaccinating our children, without informing me. We have 50/50 conservatorship, and the temporary orders state that the children... View More
answered on Mar 13, 2025
Ordinarily, during a parent’s time of possession, that parent can independently make medical decisions for the child which do not require invasive procedures like surgery. So either parent can consent for a child to vaccinations during that parent’s time of possession.
The exception is... View More
I am going through a messy divorce in New York, where my ex-spouse took our child and made false statements against me in family court, claiming abuse and deprivation of basic rights, which were untrue. I have text messages and social media pictures proving otherwise, but I discovered this evidence... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025
I understand how difficult and frustrating this situation must be, especially when you feel that false allegations have negatively impacted your custody arrangement. In New York, false abuse claims can significantly affect custody decisions, and it’s important to address any perjury or defamation... View More
I need legal advice on obtaining full custody of my 2-year-old child. My child's father, who is also my abuser, was released from jail after being convicted of misdemeanor indecent assault and has a prior felony aggravated assault charge against me. There is no custody order in place, and no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025
I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent... View More
I have a parenting plan with my ex where we share 50/50 custody. My ex recently informed me that he plans to move 3-4 hours away with our child, and I'm not comfortable with that decision. Our parenting plan doesn't mention relocation. What steps can I take legally to address this... View More
answered on Mar 13, 2025
There is a law that prohibits relocation more than 50 miles, Statute 61.13001
Here is the link:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html
Speak with a local family lawyer for more specific advice.
I am in the process of a dissolution with a minor in Arizona. The respondent recently added a small detail in her response, stating that the minor children, who are to be split 50/50 between us, can choose to stay with their mother if they are sick. I have no issues with this addition and am... View More
answered on Mar 12, 2025
Mediation might be a very simple method of reaching a final agreement including this term. Although I do not know who you are meeting with as a mediator, if it is with the court, they are likely to draft a consent decree for your signature at that very meeting. However, one way to avoid mediation... View More
I live in a travel trailer owned by my boyfriend's parents on their property, along with my boyfriend and our baby. My boyfriend's parents are filing for custody of the baby, but they're pretending my boyfriend is initiating it. The custody paperwork states we are... View More
answered on Mar 11, 2025
Two very different issues here. One issue is a landlord tenant issue the other is related to child custody. 1) Generally speaking, yes, the homeowners can evict you from their property assuming you are not on any lease or other legal agreement with the property owners regarding your continued... View More
I am involved in a child support and custody case. The other party has not followed prior court orders and has failed to serve me. There are currently no court dates scheduled, and I would like to know if mediation is mandatory in this situation, or if I can move directly to seeking legal... View More
answered on Mar 10, 2025
mandatory mediation is scheduled once a party files a Request for Order for custody/visitation. If no such motion has been filed, no hearings are pending, and you have not been sent an order from the court regarding mediation, then you are not required to go to mediation or set one up.
I am considering taking my child's father to court for sole custody. He has been incarcerated since our daughter was 4 months old, and she is now 7. He has been inconsistent in maintaining a relationship with her and has made threats to me, which makes me concerned for her safety, as he knows... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025
You need to retain an experienced matrimonial attorney with extensive domestic violence trial experience. You will be able to obtain primary residential custody, with the Defendant precluded from having any contact with both you and the child. You will probably need to file a separate custody... View More
I currently have a 50/50 custody arrangement with my son's mother, established in 2022 after a previous incident where she took my son to Texas, requiring intervention from the abduction unit. In October 2024, she violated our custody order by taking our son to Sacramento for two months and... View More
answered on Mar 9, 2025
Of course you have to introduce evidence at the hearing. Further, that evidence should be included in your moving papers with a supporting declaration to lay its foundation. Whatever happens in mediation is confidential. Nothing that is said in mediation is admissible in court. Given the... View More
I record all my phone calls, and I have a recording of my child from such a call. My attorney has advised me that in the state of Ohio, a recording of a child is not admissible in custody court under any circumstances. The only previous custody hearing was the initial divorce, at which time there... View More
answered on Mar 9, 2025
I believe you should listen to your attorney. I would be highly offended if one of my clients were trying to crowdsource a second opinion. Trying to use a recording of a child in court is highly inadvisable. It never sounds the way to a judge the way a client thinks it will. At the most i... View More
I would like to know about my grandparents' rights to see my granddaughter. Currently, her father has custody, and my daughter, the child's mother, suffers from mental illness. Previously, I had my granddaughter with me three days a week, but since the father filed an emergency ex parte... View More
answered on Mar 8, 2025
Nebraska is one of the states that allows you to file a grandparent visitation action. One of the main statutes is Nebraska Revised Statute 43-1802.
https://nebraskalegislature.gov/laws/statutes.php?statute=43-1802
It isn't clear from the information in your question if you... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
