Child Custody Questions & Answers by State

Child Custody Questions & Answers

Q: I've been raising my boyfriends baby while the biological mother has been in jail. Do I have any rights to the baby?

2 Answers | Asked in Child Custody for Florida on May 24, 2015

Answered on May 25, 2015

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Robert Jason De Groot's answer
You do not have rights to the baby. The document would have to be reviewed to see if it is appropriate.

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Q: My girls no longer wish to live 1 week with me, 1 week with their dad. They hate going to his house. What can I do?

2 Answers | Asked in Child Custody for Florida on May 19, 2015

Answered on May 20, 2015

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Robert Jason De Groot's answer
You must follow the order and support the relationship between the girls and the father. In order to get this changed, their decisions are only part of what the court considers and it is not a controlling part.

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Q: My wife and the mother of my son don't get along because of this my baby mother wants supervised visit and my wife dange

2 Answers | Asked in Child Custody for Florida on May 15, 2015

Answered on May 16, 2015

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Robert Jason De Groot's answer
Go see a local family attorney about these problems. Was paternity established by a court order yet?

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Q: My friend has his kid for years now since the mother abandoned their kid and leave everything to my friend.

2 Answers | Asked in Child Custody for Florida on May 13, 2015

Answered on May 13, 2015

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Robert Jason De Groot's answer
Your friend needs to go see an attorney about this. There are not enough facts here and a full discussion with a local family lawyer is what the friend needs to have.

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Q: If the father isn't on the birth certificate and hasn't been for two & half years but has physical custody could I leave

1 Answer | Asked in Child Custody for Rhode Island on May 7, 2015

Answered on May 12, 2015

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Neville Bedford's answer
If you leave and the father has custody, he may petition the court to determine his paternity, establish (possibly sole) custody and possibly terminate your parental rights if he convinces the judge that you have effectively abandoned this child by your departure. retain an attorney to assist you in establishing custody, visitation, and support for the benefit of your child and to preclude undesirable results.

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Q: What happens if i lose the copy of the custody papers i have? Where do i go to get a duplicate? Any fees?

1 Answer | Asked in Child Custody for New Jersey on May 5, 2015

Answered on May 6, 2015

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William N. Sosis' answer
Document retention periods can vary. Your best option is to call the courthouse that issued the order and ask them if they still have your document. If they don't, the record has most likely been archived or sent elsewhere for storage. In such a case, they can provide information on who you should call to request a copy, as well as any applicable fees.

Should you need assistance please contact me.

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Q: My dad (sole legal guardian) is going to jail. Can I live independently or do I have to find another guardian?

1 Answer | Asked in Child Custody for Florida on May 4, 2015

Answered on May 5, 2015

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John Arthur Smitten's answer
File a petition to emancipate with the court.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: The father of my kids have my kids, however i have full custody. He will not return them to me. What can i do?

1 Answer | Asked in Child Custody for Florida on May 4, 2015

Answered on May 5, 2015

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John Arthur Smitten's answer
Get a lawyer asap and get a pick up order.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: The mother of my child refuses to let me see my daughter. Where do I start in order to get equal time sharing

2 Answers | Asked in Child Custody for Florida on May 3, 2015

Answered on May 4, 2015

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Robert Jason De Groot's answer
You know that you need to get an attorney for this. You most likely need to file a petition to determine paternity, first.

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Q: My ex and i are still married. We have been separated for over a year now. We have 3 kids in marriage.

1 Answer | Asked in Child Custody for Georgia on Apr 27, 2015

Answered on May 2, 2015

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Julie A. Rice's answer
File for a divorce and ask for custody of your children.

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Q: Fulton County DFACS gave father custody due to drunk mother. She went to rehab for 2 years and now demands them back????

1 Answer | Asked in Child Custody for Georgia on Apr 27, 2015

Answered on May 2, 2015

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Julie A. Rice's answer
If the mother has completed the safety plan with DFACs and DFACs has determined that the children can be returned to the mother and the court agrees, then the children will go back with mom. If dad wants to fight this he can and he needs to be in touch with DFACs and needs to attend the court hearings. He will, however, need to file for a custody modification in order to over-ride the original decree and that may be difficult without a private attorney to assist him and he can lose valuable...

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Q: where do I go to file to gain custody back from my ex husband? He wont let me see her,he has violated all my rights????

1 Answer | Asked in Child Custody for Alabama on Apr 27, 2015

Answered on Apr 28, 2015

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Hal Walker Jr.'s answer
The burden to change legal or physical custody of a child is very great. You will need the assistance of an attorney to help you with this. Talk to several good ones in your county.

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Q: What is the best way to proceed in a dcf custody case?

2 Answers | Asked in Child Custody for Florida on Apr 24, 2015

Answered on Apr 25, 2015

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Robert Jason De Groot's answer
You can hire a private attorney to handle the case. The best way to proceed is with a highly experienced attorney.

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Q: My son now has been living with me for about a year now. I have filed a petition for modification. What happens now?

2 Answers | Asked in Child Custody for Florida on Apr 23, 2015

Answered on Apr 24, 2015

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Robert Jason De Groot's answer
Get an attorney on your side. If the parties have agreed on everything, an order should be entered.

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Q: Dad wants temporary timeshare as follows one week mom one week dad how can I appeal this am mom and feel it's to much

1 Answer | Asked in Child Custody for Florida on Apr 21, 2015

Answered on Apr 23, 2015

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Robert Jason De Groot's answer
That has become the standard for children under the age of 5 in many jurisdictions. Your feelings do not count that much, you have to get an attorney to help you with negotiating a resolution.

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Q: Can my ex husband fight for custody? record?

1 Answer | Asked in Child Custody for Florida on Apr 22, 2015

Answered on Apr 23, 2015

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Robert Jason De Groot's answer
Has there been a substantial change in circumstances since the entrance of the final judgment which warrants a change in the time-sharing? If so, yes.

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Q: What paperwork do I need to file for custody

1 Answer | Asked in Child Custody for Florida on Apr 22, 2015

Answered on Apr 23, 2015

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Robert Jason De Groot's answer
You need to get an attorney if you want something done correctly. That is just the way it goes. The father has no rights in the child unless and until he gets to court with a paternity action and gets his rights and responsibilities established through a court order. At the very least go see a family attorney in your area, most offer free initial consultations.

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