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Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I send my kids to their dad's if the person that's supposed to be supervising the visits leaves him alone with them
Jasmit Kaur Dhaliwal
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answered on Feb 21, 2024

Establishing paternity is sometimes necessary to clarify rights and obligations. Paternity suits can be initiated to determine biological fatherhood through a blood test. This allows a biological father to secure visitation rights or enables a mother to obtain child support from an unwilling... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: If a man is considered a noncustodial parent, what can he do to change that?

My boyfriend's lawyer, while my boyfriend was in prison, said it would be best to sign as noncustodial parent. He is out now, and doing the right things to live a good life and wants to have rights to his daughter again. What steps need to be taken to make this happen? Who can we call? We... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

In order to change the custody arrangement, your boyfriend will need to file a SAPCR ("suit affecting the parent-child relationship") seeking a modification of the current custody arrangement with the court in the county where the child lives in California. While the outcome of every... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Como conseguir ayuda legal y alojamiento de bajos recursos para una madre y 2 hijas

Me quiero divorciar de mi esposo, el tiene una amante desde hace un año y medio, y en ese tiempo ha habido abuso psicológico, fisico/jalones por ambas partes al quererme defender, yo no tengo trabajo y el se aprovecha de eso para dominar la situación ya que no tengo a donde irme ni un... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, you have several options to protect yourself and your children, and to seek a divorce from your spouse. First, consider contacting local domestic violence shelters or organizations. These groups provide emergency housing, legal advice, and support services for individuals in... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Cps took my kids in 2021 and I’m still going to court on the matter. One of boys which is 13 yr old is a placement

Facility just started doing weed while there. I talked to cps work and I was told that my son walks out facility every other day without permission to go get weed. I don’t understand how is cps looking out for my son if he is still being able to walk away from their care to go get weed. Keep in... View More

James L. Arrasmith
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answered on Feb 21, 2024

I'm very sorry to hear about this difficult situation with your son. You raise very valid concerns about your son's safety, wellbeing, and illegal activities while under CPS placement. Here are a few options you can pursue:

1. Escalate urgently within CPS. Contact your case...
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2 Answers | Asked in Adoption, Child Custody and Family Law for Utah on
Q: If a friend is pregnant and wants to give you custody of her baby, what legal action,if any, do u need to do.

Do you have to go through an adoption agentcy or does she just sign over custody?

Jason F. Barnes
Jason F. Barnes
answered on Feb 20, 2024

As to your question in general, it comes down to what you want to do.

1. Temporary custody: This allows you to have custody of the child for a limited period, typically up to 6 months. However, it can be revoked at any time by the birth parents. Drafting this document requires meeting...
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2 Answers | Asked in Adoption, Child Custody and Family Law for Utah on
Q: If a friend is pregnant and wants to give you custody of her baby, what legal action,if any, do u need to do.

Do you have to go through an adoption agentcy or does she just sign over custody?

Jason F. Barnes
Jason F. Barnes
answered on Feb 20, 2024

Follow up...

I want to emphasize that if the child was born outside of Utah, or if the birth mother is not from Utah, in any scenario, please note that such circumstances introduce a complexity that can only be adequately addressed in a consultation with an attorney (and one whose practice...
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2 Answers | Asked in Family Law and Child Custody for California on
Q: Question on filing a motion to strike in California

In family law in California I filed a “motion to strike” for something in our trial. I did it on pleading paper. The research I did said there is no official forms, that attorneys have templates that they use. It said to type it on pleading paper, list the trial date and the court will right in... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California family law, motions to strike are generally filed to request the court to remove certain parts of the opposing party's pleadings that may be irrelevant, redundant, or otherwise inappropriate. While it's true that there is no official Judicial Council form specifically for a... View More

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1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I was sued for divorce in Jan 2023. I retained an attorney who failed to get a continuance granted, and I lost all righ

She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: I have a TPO order, one child is listed but is not legitimized. Does the person who the TPO is against get visitation?

The judge gave visitation but there is only a custody schedule in place for the older two children. The last child is not legitimized. The person the TPO is against has filed for legitimation but until then I have sole custody.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

In the legitimation action if the father asks for visitation, the court may award him visitation, regardless of the TPO. You will have to present your case regarding what custody & visitation you think the court should award. I would hire an attorney if you are the defendant in a legitimation... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can a child granddad full rights to my kid causes they have Temporary guardianship
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

If I understand your question correctly, a grandparent can file in court to assert their rights and ask for custody. If they are the guardian and they have had the child or children for a period of time, the Court could take awarding them permanent custody seriously. But you will have your chance... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

David P. Badanes
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David P. Badanes
answered on Feb 18, 2024

It is correct that SCU can only take a portion of the payor's income to pay for child support.

However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file...
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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to motion to vacate specific directives within Minute order?

After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.

In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.

The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is...
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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to motion to vacate specific directives within Minute order?

After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.

In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More

Martha Bronson
Martha Bronson
answered on Feb 19, 2024

If you have a legally permissible reason to set aside or vacate 2 of the 10, then you should address 2 of the 10 ..... setting aside or vacating what appear to be stipulated orders, is usually only done in cases where some sort of fraud or misrepresentation has been perpetrated which the other... View More

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to motion to vacate specific directives within Minute order?

After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.

In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, you can file a Motion to Vacate specific directives within a Minute Order. The court generally prefers to address each directive individually, so you can request to set aside only the specific directives you disagree with. However, it's essential to provide valid reasons... View More

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Why after 7 years of being a fit mother and filing half a dozen times for joint custody, I still don't have it?

award me joint custody of our daughter? I've been accused of doing drugs, which I disproved over and over with clean hair follicle tests, having my child withheld whenever the father feels like changing the schedule. Also, when my daughter was a baby and I asked the judge when I can raise... View More

Richard Diamond
Richard Diamond
answered on Feb 16, 2024

I understand your frustration but there are pieces to this story that are missing and the best advice I can give you is to sit down with an experienced divorce lawyer to review the history of the court orders entered in your matter and review the certifications filed in support of your requests and... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Louisiana on
Q: Hello, what is the likelihood a male may be granted SPLIT or JOINT custody in Louisiana?

Married for 10 years, child is 7 years old, both would be living locally to child's school, no criminal history for both parents, no history of domestic abuse from either parties, no infidelity on either side, everything is under fathers name, father employed as AVP Branch Manager, Wife... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 16, 2024

All cases are different and depend on the specific facts however the Courts prefer that both parents be involved in the life of the child so based on that, the likelihood of joint custody is high. I am not sure what you mean by SPLIT. If you mean SHARED, then the answer remains the same: the... View More

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: If I have primary joint custody and I get deployed can I appoint a temporary guardian. Could she get full custody

How likely would it be for her to take custody of him what should my next steps be to keep primary custody

T. Augustus Claus
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answered on Feb 15, 2024

In Illinois, if you have primary joint custody and face deployment, you may appoint a temporary guardian for your child during your absence through a power of attorney or court order, under the state's laws and military provisions. However, the other parent may attempt to modify custody... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: The other parent and I are married. We don’t have any custody order. The other parent keeps denying the child but…

took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Nevada on
Q: Living in Georgia prior to 11-1-2023, I moved to Las Vegas with my now 19 month old daughter, my mother and step-father.

Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You need to reside in your current state for a total of 6 months prior to the court there having jurisdiction for your child. You need to be in your county for a minimum of 90 days. SInce you are not married to the Father, in the absence of any other order, it is likely you are the sole custodian... View More

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Nevada on
Q: Living in Georgia prior to 11-1-2023, I moved to Las Vegas with my now 19 month old daughter, my mother and step-father.

Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Feb 14, 2024

If Georgia has jurisdiction of the child, and you have a previous custody decree, leaving the state without either the parent's consent or a court order giving you permission to relocate is not a good idea and can possibly have negative repercussion for you . It is best to file a motion with... View More

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