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Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: HELP!! I need clarification of custodial parent living distance from non custodial parent after remarriage.

I live in NJ and is the primary custodial parent of my 2 kids. Can I move where my fiance lives after we're married? He lives 50 miles outside of where we live... actually 85 to be exact. I hear mixed advice when it comes to this. First, I'm told I can't move outside of a 50 mile radius. Now, I'm... Read more »

Richard Diamond
Richard Diamond answered on Apr 8, 2020

A: Im not sure where the 50 / 85 mile radius issue is coming from, but beware of taking advice from friends.

Some states actual do have a radius requirement for relocation purposes with children in their custody and parenting time plan statutes - New Jersey does not and there is nothing in...
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2 Answers | Asked in Child Custody, Divorce, Family Law and Civil Rights for Oklahoma on
Q: Pro se defense child custody case all claims evidence documents reports to support claims available to both parties?

All the evidence documents reports claims available for both parties legally should have same papers for solid for law abiding in-depth complete history with both parties to honestly in children's best interest law abiding punishment without a doubt guilty party.

Pete David Louden
Pete David Louden answered on Apr 7, 2020

The same information would be available provided the pro se party knows the proper steps to obtain the information.

The court will hold a pro se party to the same standard as a licensed attorney so the pro se party would need to ensure that they have the same knowledge of case...
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1 Answer | Asked in Adoption and Child Custody for South Carolina on
Q: My daughters paternal grandmother has primary custody and I get her every weekend father in jail signed away rights gma

Want to adopt but I no longer agree. What can happen if she tries and I object and when can I request a change of custody

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

If there is a substantial change in circumstance you can always request a change in custody. It would be a good idea to reach out to a family law attorney in your area that can advise you on the best course of action. If you are served with any paperwork regarding the child you need to make sure to... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: If the father has custody of his 15 yr old daughter and is verbally abused and can't go live with the mother that

That lost her baby a yr ago over using be drugs where would the child go r will they let her chose where if she didn't wanna stay with her father side of the family.

Homer P Jordan IV
Homer P Jordan IV answered on Apr 7, 2020

What is the question? Is it can the 15 year old move out and go live with the other parent? If that is the question it depends on the custody arrangement in place. The mother could seek a modification, depending on the facts of the case. You should meet with an attorney who review the facts of your... Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: would it be considered abandonment if custodial parent kicks out teenage children from home

i need a o.c.g.a law backing this information

Homer P Jordan IV
Homer P Jordan IV answered on Apr 7, 2020

You are responsible for the child until they become a legal adult at age 18. If the other parent is open to modifying the custody arrangement you may want to consider going that route. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My little sister is 17 and wants to move in with me can she legally move out without parent consent?

I am 22 and married and able to financially support her. She is way behind in school and my dad and stepmom just push it off like it is not a big deal. They treat her like property and it's very unfair considering she is a triplet and isnt allowed to do any of the things my other siblings do. I... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Apr 7, 2020

No, she can not move out without parental permission.

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1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: My ex girlfriend and i have 2 children together.there is no legal custody agreement.i have always had them on the weeken

Weekends holidays and most of the summer.the kids want to be with me more but when i go to pick them up there mother locks the door and wont let them out of her house is that legal?also what can i do about it and what are my rights as a father

Stefan Otterson
Stefan Otterson answered on Apr 7, 2020

Your rights are exactly the same as the mother's. However, there's nothing to spell out what that means. If the two of you don't agree how to manage in that completely undefined environment, then either of you can file a Complaint for Custody with the court. Ideally you would then negotiate... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: if a parent leaves their child for months at a time and the child was in university (19-20yo) what should happen. in PR*

legal and step parent left puerto rico for just about 4 months and saying that they werent going to come back to live but now live in PR again and now that (now 20yo) lives in their boyfriends mothers house. and gets no support and no financial support from their parent. now has been almost 7... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 7, 2020

Hello and thank you for using Justia. The daughter is a minor until age 21 thus she has a right to request Child Support from her parents. Since she is a student she may qualifying for económical support until the age of 25 or date of graduatión, which ever occurs first.

The Child Support...
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2 Answers | Asked in Tax Law and Child Custody for Florida on
Q: I claimed my son for the first time after Court ordered Parenting Agreement, IRS wants me to prove child is dependent?

Our agreement states that I claim my child for odd year returns. I claimed my child and now I am being audited to prove that I am qualified to claim the child as dependent, Head of Household and Earned Income Tax Credit. What do I need to know in order to satisfy their request?

Rand Scott Lieber
Rand Scott Lieber answered on Apr 7, 2020

You can start with sending them a copy of the court order. Worst case you may need your ex to sign an IRS form.

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1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: What happens at court, during a motion to vacate genetic testing?What all will be discussed
Julie Fowler
Julie Fowler answered on Apr 7, 2020

Generally a motion to vacate genetic testing is when a judge decides whether to cancel an order requiring the parties to submit to genetic testing. I assume this is for paternity genetic testing since you categorized your question as a custody question. It could also address related topics such... Read more »

2 Answers | Asked in Family Law and Child Custody for Alabama on
Q: Terminating the rights of child’s father who has joint custody, but doesn’t abide by decree?

My daughter’s father and I have joint custody. He lives in another state. He has not contacted my daughter in 4 months. Before that it was 2 months. He has never paid his court appointed child support. He has not followed anything from the divorce papers that pertains to my daughter. My question... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 7, 2020

If he has gone for more than four months without providing any emotion, physical, financial or other support and has no contact with the child for that period you can file a petition to terminate his rights. You have the burden of proving that he has in fact abandoned the child within the meaning... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Does he have legal rights to the baby?

My friend lived in Indiana. She got married and had a baby with her husband. He didn't want to sign the birth certificate. They are now separated and they have not established paternity (but he is in fact the biological father). Does he have any rights to the baby even though they are married?

Troy Tyson
Troy Tyson answered on Apr 7, 2020

If a child is born during a marriage, the husband is presumed to be the father, although that can be rebutted. If the husband and your friend are still married, he does have custody/parenting time right, although exactly what they are would need to be decided by a court.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Ohio on
Q: How do I "counteract", as quickly as possible, to an ex parte that was granted based entirely on false statements?

There's proof that all statements made against me, which the other party signed, notarized & filed through the courts, are entirely false. Not 1 sentence stated has any truth. They were deliberate lies told by my son's paternal grandmother & my son's father, (who legally has no rights due to no... Read more »

Matthew Williams
Matthew Williams answered on Apr 6, 2020

Well you start by documenting everything. You need people on your side who saw the things you saw. But you also have to be realistic. You need a lawyer on your side and that’s going to cost. Think of the situation you’re in now and what you want to interrupt your peaceful life and get involved.... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Can you be legally served in court by the plaintiff when you are before the judge on a separate case you petitioned?

I Petitioned for custody/ visitation. At the hearing the commissioner continued the case. Before she adjourned i requested a stay on a DCSS case i just discovered with no service attempt. Judge didnt rule on it but ordered the caseworker in court to serve me. How is this ok?

Samira Amato
Samira Amato answered on Apr 6, 2020

Yes, you can be served in Court. So long as you are served by someone who is 18 years of age and over and not a party to the case.

1 Answer | Asked in Child Custody and Divorce for Kentucky on
Q: How do I get full custody of my child back even though I have not received my final sentencing?
Timothy Denison
Timothy Denison answered on Apr 6, 2020

Impossible to say since there are no details as to how you lost custody in the first place.

1 Answer | Asked in Child Custody, Divorce and Family Law for Kentucky on
Q: Me and my spouse has been separated since November 2019 but he is now refusing to let me have contact with my kids or

See them at all. He got the house kicked me out cost me my job and since I've been homeless but now that he has gotten a girlfriend he will not allow me to see or talk to my kids but we are still legally married. So even though I'm jobless and homeless what are my options to where I can get my kids

Timothy Denison
Timothy Denison answered on Apr 6, 2020

File a divorce action and a motion for a parenting schedule.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Ex bought my 9-yr-old daughter a smart phone without my permission. Do I have to allow her to use it?

Long-standing rule in my house (and in my sister’s house for cousins) is that you get a phone when you’re 10. My older daughter (not ex’s bio child) got a reg phone at age 10 (while I was still with ex). Ex told me that he bought it and it will be used at my house “end of discussion”. I... Read more »

Kevin M Rogers
Kevin M Rogers answered on Apr 6, 2020

Let me put this in simple terms: "NO," you don't have to let her have a phone while she's with YOU (unless it specifically says you must in your divorce / custody decree), but the bigger question:

1. Is this a "hill you're willing to die on?" In other words, is THIS ISSUE an issue you're...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Kentucky on
Q: Is there anything I can do to my husband for refusing to let me see our kids there is no legal separation and we ar

Are still legally married

Timothy Denison
Timothy Denison answered on Apr 6, 2020

Yes. File an actio for dissolution and ask for a parenting s he duke.

3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My girlfriend and I are both 15. Her parents are threatening to keep me from the baby. I want to be there and so does sh

Is it possible for the parents of my girlfriend to keep me away from my baby even if I want to be there and support it and my girlfriend does too?

Ellaretha Coleman
Ellaretha Coleman answered on Apr 6, 2020

You will need a legitimation order to establish any rights to the child.

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1 Answer | Asked in Child Custody for North Carolina on
Q: my mother has got emergency custody of my son today there is a hearing tomorrow what can i do

talking on the phone would be easier to explain the situation please call me at 828-618-0308

Angela L. Haas
Angela L. Haas answered on Apr 6, 2020

First off, plan on going to court. Use the Find a Lawyer tab at the top to contact family law attorneys in your area with whom you can have a telephone consultation.

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