Child Custody Questions & Answers by State

Child Custody Questions & Answers

Q: How much will it cost for my mother to sign custody of my younger sister to me?

1 Answer | Asked in Child Custody for Alabama on Jun 30, 2015

Answered on Jul 2, 2015

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Mr. James Parrish Coleman's answer
You can do it pro se, and can do a simple relinquishment of custody. Be aware, that just because she relinquishes custody, you are not guarenteed custody. Where is the father? He would have to agree also. You are getting into very deep water. Who has custody is not something that you can decide. Only the Court can decide. I would be glad to discuss this with you.

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Q: Daughter living in my home for 2 1/2 years, can I get sole custody?

1 Answer | Asked in Child Custody for Georgia on Jun 29, 2015

Answered on Jun 30, 2015

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Julie A. Rice's answer
You should seek legal advice through a JAG member.

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Q: I am a step aunt to twins. What are the chances of me getting custody of niece and nephew

1 Answer | Asked in Child Custody for Georgia on Jun 29, 2015

Answered on Jun 30, 2015

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Julie A. Rice's answer
What's wrong with mom and dad? If the mom and dad can't take care of these kids then DFACs needs to be involved to determine proper placement. If it shown that mom and dad can't care for their only child, then you might qualify be an foster parent if you meets the qualifications of DFACs.

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Q: my friend is still married but working on her divorce paper and has 2 grown and 2 minor children.

1 Answer | Asked in Child Custody for Florida on Jun 29, 2015

Answered on Jun 30, 2015

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Robert Jason De Groot's answer
You did not ask a question. Your friend needs to get an attorney about this matter.

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Q: My mother has this young female friend who is 18+ and she has a daughter that she gave to my mother for her to take care

1 Answer | Asked in Child Custody for Georgia on Jun 28, 2015

Answered on Jun 29, 2015

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Julie A. Rice's answer
DFACs should be involved in this case to determine what is in the best interests of child in terms of placement.

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Q: how hard would it be to get custody of my little brother (16 yrs old).him and his mother live with her parents .

1 Answer | Asked in Child Custody for Alabama on Jun 25, 2015

Answered on Jun 27, 2015

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Mr. James Parrish Coleman's answer
You would have to show, by clear and convincing evidence, facts that would support a finding that the mother is unfit to be a parent to the child. This is what is required to move custody from a natural parent to a third party -- like you. This is fact driven. You need to get legal help here. You have got to prove that she is unfit -- not just that the child would be better off with you.

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Q: The mother of my child is possibly moving and cannot take the baby with her. How can I get custody of my baby?

1 Answer | Asked in Child Custody for Alabama on Jun 26, 2015

Answered on Jun 27, 2015

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Mr. James Parrish Coleman's answer
You go to court right now and get a Judge to rule that you are the father of the child. At the same time, you ask for custody of the child. Until you go to court, you have no more right to that child than I do. GO TO COURT. Get a lawyer and protect your rights in the Court.

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Q: Husband has full physical, non Cus hasn't paid in one year,owes 27k in bcs. Can he have rights taken and can I adopt him

1 Answer | Asked in Child Custody for Georgia on Jun 23, 2015

Answered on Jun 26, 2015

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Julie A. Rice's answer
In order to adopt a child the biological parent has to terminate their parental rights or the court has to terminate the biological parent's rights. If the biological parent is not willing to terminate parental rights and the court will not agree to terminate the biological parents rights, then you can not adopt the child. If the person who is in child support arrears has not paid child support, then the other party who has custody of the child needs to file a motion for contempt of court and...

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Q: I need to know if I can get custody of my 3 kids by having them in my possession when I file?

1 Answer | Asked in Child Custody for Florida on Jun 24, 2015

Answered on Jun 25, 2015

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Robert Jason De Groot's answer
Get to a family lawyer immediately before you mess things up for yourself and the children. Also read the provisions of Florida Statutes Section 61.13(3). That is extremely important for you to know. It is what the court uses to determine what to do with the children, and a good guide on what you should and should not be doing.

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Q: My ex lives in CA. We have joint legal custody of our 3 children. He has physical custody. I recently moved to FL. 2 of

1 Answer | Asked in Child Custody for Florida on Jun 18, 2015

Answered on Jun 22, 2015

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Robert Jason De Groot's answer
Any modification of custody would have to take place where the divorce was. I assume that was CA, so you need an attorney there.

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Q: My nephew wants to move out of his mom's house because her boyfriend beats her and his little brother

1 Answer | Asked in Child Custody for Alabama on Jun 19, 2015

Answered on Jun 22, 2015

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Mr. James Parrish Coleman's answer
You can go to court and Petition the Court to place custody with you. You will have to prove that both of the child's natural parents are unfit. (You don't mention dad) this is a common Petition. Get a lawyer, go to court and be ready to prove that the boyfriend abuses the children and that the mother does not protect them. Where is the father?

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Q: If i have a child out of wedlock and me and the father get divorced does he lose his rights?

1 Answer | Asked in Child Custody for Georgia on Jun 20, 2015

Answered on Jun 21, 2015

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Julie A. Rice's answer
If that is his child, then he has every right as any other parent for custody, visitation, child support, etc. If there is a dispute as to whether of not he is the biological father, then he could legitimate the child, have a DNA test, and the proceed from there.

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Q: How much does it cost to file a temporary custody petitiom in Orlando fl

1 Answer | Asked in Child Custody for Florida on Jun 13, 2015

Answered on Jun 14, 2015

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Robert Jason De Groot's answer
Each attorney charges fees according to their own business plan or schedule of fees for matters like this. It is much less expensive to have an uncontested matter than a contested one.

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Q: how can i get custody of my younger brother

1 Answer | Asked in Child Custody for Florida on Jun 11, 2015

Answered on Jun 12, 2015

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Robert Jason De Groot's answer
Get her to consent to you having temporary custody, until she can get back on her feet, and get to an attorney here in FL about filing a petition for temporary custody by extended family.

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Q: Can my sister (26) get custody of me (14) ?

1 Answer | Asked in Child Custody for Florida on Jun 10, 2015

Answered on Jun 11, 2015

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Robert Jason De Groot's answer
Perhaps, if the parents consent to temporary custody of minor by extended family.

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Q: My ex-husband and I have joint physical custody of our four year old daughter.

1 Answer | Asked in Child Custody for Alabama on Jun 7, 2015

Answered on Jun 8, 2015

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Mr. James Parrish Coleman's answer
You can ask the Alabama Department of Human Resources to assist you in going after him for child support. You can use a private attorney for this -- but DHR will do it and not charge you anything. As for his other, you don't have to agree to his demands in terms of meeting him "around midnight." Because I don't know the facts here I can't begin to predict outcomes for you. I will say that a Court expects its orders to be obeyed. In terms of changing custody, you will probably have to show...

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Q: My ex has lived out of the country for two years, but still has legal say as we have joint. How do I apply for sole in F

1 Answer | Asked in Child Custody for Florida on Jun 3, 2015

Answered on Jun 4, 2015

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John Arthur Smitten's answer
If the children live in FL then file a petition to modify the order in FL.

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: Paternal grandma took child from dad. Mom thought dad had child. Does mom have right to get child. There is no custodor

1 Answer | Asked in Child Custody for Oklahoma on Nov 6, 2014

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
Unless the mother's rights have been terminated by a court, or a court granted grandma guardianship over the child, the mother still has parental rights which include custodial rights. The mother should contact a good lawyer with experience in child custody to learn what is her best plan of action.

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Q: How do I get emergency custody of my 2 year old cousin? Her mom got put in jail.

1 Answer | Asked in Child Custody for Oklahoma on May 12, 2015

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
A lot depends on who is available to care for the child, where the child's father is, what is best for the child and whether or not the child is actually in DHS custody or not. You should talk to a good attorney who deals with child custody issues to find out what your options are.

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Q: my sons already in DHS custody I was wanting to know if I could sign full custody over to my brother and my sister in la

1 Answer | Asked in Child Custody for Oklahoma on May 13, 2015

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
You need to discuss your options with a good lawyer who has experience dealing with DHS. If you still have your parental rights, you still have options. The age of your child, and what DHS, the State, the judge, and the child's attorney find is in your child's best interests are a consideration in DHS cases.

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