Lawyers, Answer Questions  & Get Points Log In
Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: My son lives in Louisiana he is almost 2 I live In Tennessee is there a way I can get emergency custody or immediate?

My sons mother has blocked me and doesn’t talk to me. She has moved out of the state with her bf and left my son in the care of her grandmother the police don’t want to do anything for me to help. saying it’s a civil matter what can I do to gain custody of my son without having to go to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 28, 2021

You have to hire a custody lawyer and attend court by Zoom.

1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Looking for laywer to help get custody of my 16 year old little cousin.

A miscommunication with his grandmother that he hasn't seen in 16 years only twice and now she's starting to say she come take him because he lives with me and his pawpaw off and on and she has in her head that Im completely lying and she's not happy about that for some reason and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 28, 2021

You and Paw Paw need a custody lawyer.

1 Answer | Asked in Child Custody for Kentucky on
Q: What rights does a father obtain with dna testing if he hasn’t been involved with the child
Timothy Denison
Timothy Denison answered on Feb 27, 2021

Same as any other father. Ask for the test, pay for it and if he’s yours, begin parenting.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia on
Q: can I have the form in Virginia to request a motion to dismiss a preliminary removal order?

I'm just looking for the form needed to request a motion for dismissal of a removal order in Virginia.

F. Paul Maloof
F. Paul Maloof answered on Feb 27, 2021

Go to the family court website for the form that you need, or call the clerk's office on Monday for the website link.

1 Answer | Asked in Tax Law and Child Custody for Louisiana on
Q: Nov 2019, I was awarded custody of my daughter, with liberal visitation for the mother. Child lived the whole year with

me, and only went one day to her mothers in 2020. Upon filing with turbo tax, it was determined that because of the court order I would be able to file HOH and qualify for the EIC and the mother gets to claim as a dependent. Mother isn’t happy with just the dependent. In an email with her lawyer,... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 27, 2021

If you were domiciliary parent, then you get the dependency deduction unless a judgment says otherwise.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Ex keeps dropping off kids bags to my home after weekend visits not sending back with kids as asked - anything I can do?
Jonathan Tanaka
Jonathan Tanaka answered on Feb 27, 2021

Thanks for your question! I'd recommend that you reach out to a local family law attorney in your area so the attorney can take some time to review your divorce decree and learn more about the facts surrounding your matter.

The answer to your question would hinge on either what the...
Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: how do i file a petition to terminate parental rights ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 26, 2021

You consult with a family law attorney to find out if you have legal grounds first, before you spend money on filing and service fees and get sanctioned.

1 Answer | Asked in Family Law and Child Custody for Connecticut on
Q: What do I need from my grandchildren's parents to legally take care of my grandchildren? Can it be signed by one parent?
Joseph Maya
Joseph Maya answered on Feb 26, 2021

You present an interesting legal question. You will probably need to hire an attorney licensed to practice in Connecticut to fully address your situation with your grandchildren. I wish you the best of luck in the resolution of your issue.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I was recently arrested and my charge is injury to a child .The allegations are from my son. I need help quick.

I have two kids a 13son and 15year old daughter . I have been divorced from my ex-husband for 10 years we have been to court just about every year since we have divorced. We just got out of court October 29,2020. He has been trying to take my kids from me for years and now he called CPS and I... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 26, 2021

If you sitll need help go to my website to look at an estimate of costs and to schedule a consultation. www.blacknallfirm.com.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: I would like advice before going to child support court. My son's father was jailed for domestic violence on me

Will I need to be prepared to be questioned about this in court?

Joseph Jaap
Joseph Jaap answered on Feb 25, 2021

Be prepared to discuss it if it comes up. Talk to your attorney, or use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.

View More Answers

1 Answer | Asked in Child Custody and Education Law for Ohio on
Q: local public school says I need to have custody of my daughter to sign her up for school

I am attempting to sign my daughter up for kindergarten in our local public school. Her mother recently passed away this year. I am on the birth certificate and we'd have lived together for around 7 years and before our daughter was born. I provide all health insurance, claim her on taxes, and... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 25, 2021

If you were not married to the mother, then the mother had sole legal custody and parental rights. Those parental rights did not automatically transfer to you when she died. It often is not sufficient that your name is on the birth certificate, as you found with the school. If a court has not... Read more »

2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Went through a divorce mediation and was not shown assessment letters from my oldest children’s therapists by my lawyer.

Because he assumed I had seen them which I had not cause one of their grandmothers had picked them up and brought them to the lawyers office. The letters detailed the things they are suffering from especially my oldest daughter. I knew something had happened between the three of them but I had no... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Feb 25, 2021

You can try to contest it, but it will likely not work. If you attorney had documents and you didn't review them before mediation, that isn't a reason why the agreement shouldn't stand.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I am a non-custodial parent with my sister being the custodial parent of my twin girls who are 10 years old.

My girls have stayed with me for the last two summers including holidays, weekends, and days off from school. I have no transportation and she has been dropping them off for visits. Last weekend I cancelled the weekend visit because of a winter storm. I have never cancelled before and this was the... Read more »

Rick  Davis
Rick Davis answered on Feb 24, 2021

The answer to your question depends on what your most recent Court Order says.

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: Can a joint custodial parent veto a particular child therapist?

I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: how do I get free legal aid for divorce and custody?
Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2021

Look for a legal aid office or agency in your local community. You can also check with your local clerk of court for information.

2 Answers | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Where to get free forms for motion for contempt of court . And motion to enforce visitation
Gary Johnston Dean
Gary Johnston Dean answered on Feb 24, 2021

There are no public forms for this. We suggest that you contact a lawyer for help with this issue.

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: My ex wife, who has custody of our 3 kids is moving them out of state without my consent.

Our court paperwork says she needs my written consent but she seems to think that because there has been a lapse in my child support payments, due to me switching jobs and trying to set up wage garnishment for months now (because the last time I tried to mail in my child support obligation it got... Read more »

Mike Branum
Mike Branum answered on Feb 24, 2021

Arizona law requires a 45-day notice, in writing, of intent to move out of state. Your parental rights are not directly tied to whether or not you are current with child support.

Child custody matters across state lines (and it sounds like there are three or more states involved in this...
Read more »

1 Answer | Asked in Child Custody, Child Support and Public Benefits for Massachusetts on
Q: Can she apply for child support in a state she’s lived for 2 months?

Me & and the mother of my child are from MA. I’ve been in Florida for 4 years. She kept my child from me for 2 years, with false restraining orders etc (which I don’t know how that’s legal). She decided to get on good terms with me when her false accusations expired. She moved down here... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

It sounds like Massachusetts has a lot of contacts with the parties and the child for child support orders, although if the child was only back in Massachusetts for 2 months custodial non-monetary issues would be appropriate in Florida as the home state. Was there a paternity or Custody and Support... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: If i get divorced from my childerns father can i take the kids out state with me to my parents house.
Troy Tyson
Troy Tyson answered on Feb 24, 2021

That will largely depend on the orders issued in your case. You should speak with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Q: Can my ex force me to drive our son to his house for visitations? He doesn't want to both pick up and drop off our son.

I don't drive and would have to Uber, costing me $60 each way twice a month. I have full custody of our 4 year old and he gets him every other weekend.

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

See if he'll pay for your uber. If he has a vehicle I see a court saying you are right. But maybe if you had an attorney who got you the full custody, speak with them.

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.