Child Custody Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Child Custody Questions & Answers
Q: I have been trying to serve the father for over a year, it is to allow me and the child to leave state.
Matthew Valley's answer
Depending on how he is dodging the process server, it may be possible to either get alternative service (e.g. posting the citation, petition and orders to his residence/work door) or service by publication (i.e. running a notice/citation in the newspaper). Your local law library might be of some assistance moving forward.
Depending on how he is dodging the process server, it may be possible to either get alternative service (e.g. posting the citation, petition and orders to his residence/work door) or service by publication (i.e. running a notice/citation in the newspaper). Your local law library might be of some assistance moving forward.
Q: What can I do to protect my daughter from husbands girlfriend who is on drugs
Ellen Cronin Badeaux's answer
Print every thing you can find about the girl friends record. Next hire a private investigator to document that he is taking your child to visit her or that she is visiting him while he has your child. Then hire a custody attorney.
Print every thing you can find about the girl friends record. Next hire a private investigator to document that he is taking your child to visit her or that she is visiting him while he has your child. Then hire a custody attorney.
Q: I'm 16, am I able to change my custody to my mom from my dad to switch schools & get out of a bad environment wout court
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Education Law
for
Ohio
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Joseph Jaap's answer
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.
Q: Would I have to pay c/s to my ex if our children live with me? I work full time- pay for everything & he refuses to work
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Texas
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Rahlita D. Thornton's answer
You need to review your order and that controls as to who is responsible for child support. If there is a modification by the other party and you have been served with it then you should get an attorney to fight the modification. It is possible for either party to be ordered to pay child support.
You need to review your order and that controls as to who is responsible for child support. If there is a modification by the other party and you have been served with it then you should get an attorney to fight the modification. It is possible for either party to be ordered to pay child support.
Q: If I got full custody of my children, would my ex still have to pay child support.
Alexander Florian Steciuch's answer
Custody and child support are two separate issues. A parent is always obligated to provide financial support to the child, regardless of whether or not they have custody of the child or even visitation rights. Obtaining full custody does not terminate child support. Child support only ends when a parent's parental rights are terminated or the child is emancipated.
Custody and child support are two separate issues. A parent is always obligated to provide financial support to the child, regardless of whether or not they have custody of the child or even visitation rights. Obtaining full custody does not terminate child support. Child support only ends when a parent's parental rights are terminated or the child is emancipated.
Q: Daughter is living w/my dads while I get back on my feet I pay him he wants to claim her tax
Rahlita D. Thornton's answer
Your answer can not be answered until the orders are reviewed to see what the details are as spelled out. In general the IRS rules govern tax exemptions but you may have agreed to follow other rules. Seek the counsel of an attorney and tax advisor on these issues.
Your answer can not be answered until the orders are reviewed to see what the details are as spelled out. In general the IRS rules govern tax exemptions but you may have agreed to follow other rules. Seek the counsel of an attorney and tax advisor on these issues.
Q: can I get a geological restriction lifted?
Victoria Collins' answer
Based on the information provided, you can modify the existing conservatorship, however, the children's father may contest this. Always best to consult a family law attorney one-on-one so they can look over the existing orders and assess your situation. Also be advised that in Texas, the parent who moves more than 100 miles from the other conservator must bear the cost of children's travel to visit in most cases.
Based on the information provided, you can modify the existing conservatorship, however, the children's father may contest this. Always best to consult a family law attorney one-on-one so they can look over the existing orders and assess your situation. Also be advised that in Texas, the parent who moves more than 100 miles from the other conservator must bear the cost of children's travel to visit in most cases.
Q: Can my kids father take child without any agreement. Never been to court he is only ordered to pay child support
Ellen Cronin Badeaux's answer
You need to hire a custody attorney. It sounds like you have a hearing date coming up for ex parte custody
You need to hire a custody attorney. It sounds like you have a hearing date coming up for ex parte custody
Q: My 14 year old grandchild was abandoned 2 years ago by my ex daughter in law whom has custody of her.
Rahlita D. Thornton's answer
If this is the case then you can petition the courts for custodial rights.
If this is the case then you can petition the courts for custodial rights.
Q: Can i get arrested for taking my child out of the state that i live in and to another state , i dont have any open cps
Rahlita D. Thornton's answer
You need to consult your orders in your case. You didn’t indicate whether there is any orders in place.
You need to consult your orders in your case. You didn’t indicate whether there is any orders in place.
Q: Permanent guardianship was given to my ex's aunt when she lost parental rights in Juvenile Ct/DFACS. Can I get my 16y/o?
3 Answers
| Asked
in
Family Law, Child Custody and Juvenile Law
for
Georgia
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Q: If CPS illegally took my child can you sue at any time before or after trial?
1 Answer
| Asked
in
Child Custody, Criminal Law, Family Law and Civil Rights
for
Oregon
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Q: Which would be better for me... I truly can’t afford a lawyer but I want to see my child. mediation or other?
2 Answers
| Asked
in
Arbitration / Mediation Law and Child Custody
for
North Carolina
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Kelli Y Allen's answer
Mediation can be very effective. I recommend trying mediation as early in the process as possible, as you can save a lot of time and money if it works. You don't indicate whether there has been a court filing yet, but if so, the judge will actually order mediation. If a court case has not been filed, mediation may prevent the need for attorneys and it keeps the decision-making between the parties rather than turning that over to a judge.
Mediation can be very effective. I recommend trying mediation as early in the process as possible, as you can save a lot of time and money if it works. You don't indicate whether there has been a court filing yet, but if so, the judge will actually order mediation. If a court case has not been filed, mediation may prevent the need for attorneys and it keeps the decision-making between the parties rather than turning that over to a judge.
Q: How many days before a trial does my ex have to produce his witness and subpoena list
Ali Shahrestani, Esq.'s answer
The judge typically provides those deadlines via court orders well in advance of the trial, e.g., at the pre-trial conference. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following...
The judge typically provides those deadlines via court orders well in advance of the trial, e.g., at the pre-trial conference. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following...
Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
New York
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help resources. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...
Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help resources. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...
Q: Specifically, if I've never reported his extensive abuse, it's not well documented, is it still important to bring up?
1 Answer
| Asked
in
Family Law, Child Custody and Domestic Violence
for
Illinois
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Marilyn Johnson's answer
You absolutely should present to the court any and all incidents of abuse even if they have been previously unreported and undocumented. The court will then weigh the presented evidence and rule accordingly.
You absolutely should present to the court any and all incidents of abuse even if they have been previously unreported and undocumented. The court will then weigh the presented evidence and rule accordingly.
Q: Parents divorcing. 4 year olds custody to be decided. Child regularly says he doesn't want to be with his mother.
Daniel P Leavitt's answer
You are going to want to find a local family law lawyer in the jurisdiction where this is taking place and go with the best one. That may very well not be the lowest fee but it may not be the highest fee either. Any good family law lawyer will be able to guide him through the process.
You are going to want to find a local family law lawyer in the jurisdiction where this is taking place and go with the best one. That may very well not be the lowest fee but it may not be the highest fee either. Any good family law lawyer will be able to guide him through the process.
Q: I got divorced in Cleveland Oh and i have shared Parenting. My Decree and shared parenting Plan are All in Cleveland
1 Answer
| Asked
in
Child Custody, Civil Litigation, Divorce and Family Law
for
Ohio
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Joseph Jaap's answer
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.
Q: Divorce and adultery. My husband and I have been separated for almost a year not legally separated.
Regina Irene Edwards' answer
You won't go to jail. However, you do need to talk to an attorney about your options.
You won't go to jail. However, you do need to talk to an attorney about your options.
Q: I got my parent plan adjusted with my ex husband and now he keeps calling me multiple times and being demanding and
Leonard Robert Grefseng's answer
Harassing phone calls can be a criminal offense. At the same time, your parenting plan requires you to make a good faith effort to work with the other parent to resolve minor disputes ( that is what is BEST for your CHILD). If the plan was changed on 1/17/2019- your ex still has time to appeal the court's decision if he disagrees with what the Judge decided.
Any further appeal would be expensive, so you probably need to try to avoid that. Keep your communications brief and businesslike....
Harassing phone calls can be a criminal offense. At the same time, your parenting plan requires you to make a good faith effort to work with the other parent to resolve minor disputes ( that is what is BEST for your CHILD). If the plan was changed on 1/17/2019- your ex still has time to appeal the court's decision if he disagrees with what the Judge decided.
Any further appeal would be expensive, so you probably need to try to avoid that. Keep your communications brief and businesslike....
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.
