Lawyers, Answer Questions  & Get Points Log In
Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: What are my legal rights to my child if I'm on the birth certificate, have dna proof, and married mother (after birth)

We are still legally married, not legally separated, but not living together. Do I have the right to take my child from her? There isn't any kind of custody order in effect at all. I have been court ordered to pay child support.

Samantha A Holloway
Samantha A Holloway answered on Nov 30, 2020

Typically, a child who is born to parents who were unmarried at the time of birth, but got married after the birth, is considered the legitimate child of the father. You should meet with a lawyer to discuss your specific case and whether you can take the child. I would also suggest that you have... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What do if I do if my children's father will not answer my calls to see the children when it's court ordered?

I have 50/50 legal joint with the father as well as 3 weekends a month and he has primary residencial. He is not answering my calls or texts so I can make arrangements to pick up the children. This is court ordered. What can I do?

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 30, 2020

The court orderr should state when access occurs and where pick up is so you should not have to make arrangements. You should show up at the right time and place. If it does not, you are still supposed to have your access. If the father is not allowing it, you can file contempt with the... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: What action can I take to get back daughter that I have full custody of ?

My daughter is 15. I have full

Custody of her. The court ordered visitation specifies that her dad gets to see her for 1 hr a week in my home. My home is currently in Oregon her dad is in Ohio. The court order is from when we all lived in Ohio. I allowed her to spend 3 weeks with him in... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Nov 29, 2020

Did your custody order allow you to move out of state with the child without the father’s agreement or court permission? That would be unusual. You can file for contempt in Ohio in the county where the agreement was filed.

1 Answer | Asked in Child Custody for North Carolina on
Q: Can I take a custody case back for modifications to the order

My ex husband and I have split custody however he does not obtain his part of the order he does not get them when he is supposed to he is now also incarcerated and is being charged with 6 felony he is a danger to my children. My 5 year old son came home and told me step-by-step about his father... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 29, 2020

Yes, there appear to be numerous reasons why you would want to file a motion to modify the existing order. To successfully do so, you have to be able to show that since the last order, there has been a substantial change in circumstances that affects the child's welfare since the entry of the... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: If I am still married and no divorce has been filed can I move out of state with my daughter? He moved out 9 months ago

He has had her once over night in the last 9 months, no divorce has been filed and there is no custody agreement and he does not see her. He FaceTimes occasionally but not often. I want to move from California to Nevada but am unsure if I can do so.

Martha Bronson
Martha Bronson answered on Nov 28, 2020

You are not tied to California like a tetherball is tied to a pole. Does the father object? Does he want a divorce? have you tried working with the father to agree on a custody/visitation arrangement? Is there some reason you would not want to make custody/visitations arrangements before you... Read more »

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Mark Oakley
Mark Oakley answered on Nov 28, 2020

You have 30 days to file an appeal in a civil case to the Circuit Court. The only appeals that result in a de novo trial are small claims proceedings (claims filed requesting $5,000 or less in District Court), or petitions for peace orders, or domestic violence petitions. Civil claims seeking more... Read more »

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Charles William Michaels
Charles William Michaels answered on Nov 28, 2020

A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.

2 Answers | Asked in Appeals / Appellate Law, Divorce and Child Custody for Maryland on
Q: If the plaintiff lose a case to the defendant, can the plaintiff file an appeal to have defendant trial twice?

The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?

Charles William Michaels
Charles William Michaels answered on Nov 28, 2020

Either party who is dissatisfied with the results in the trial court can appeal. If the case was in the District Court, the appeal goes to the Circuit Court.

View More Answers

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Louisiana on
Q: im 16 in louisiana my mom is emotionally and verbally abusive what wil happen if i run away?

she says things like she wish i was never born accuses me of being with older men and right now she is trying to send me to a mental hospital so they can give me medicine and so i can be out the house, i wanna run away to my grandmas house we already have a case against her

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 28, 2020

Your Grandmother can hire a lawyer and file for custody. If you run away, you can be picked up and put in Florida Parishes.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: Is a court appointed lawyer just as good as a paid one

My so cruzs primary parent was his dad I have visitation rights nd all that I .I had bad issues with the law and depression. I have been maintaining well now for a long time.i moved to N.C. to have a better life i was going to fight for custody as soon as I had good time without trouble or drug use... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 27, 2020

A Texas attorney could answer best, but your question remains open for two weeks. The short answer to your question is "yes." I know lawyers in the public sector who are exceptionally skillful advocates, bright, hardworking, and dedicated to their clients' interests. They would... Read more »

1 Answer | Asked in Child Custody for Kentucky on
Q: Could I move out and go back and live with my biological father if my grandparents have custody over me and I’m 16 abt17

I’m 16 and live with my grandparents they have custody over me I want my dad to have back custody over me cause my grandparents basically treat me like their slave i have to stay home 24/7 and cook for them clean for them, like every 5 mins they yell for me to get a drink for them or cook food... Read more »

Timothy Denison
Timothy Denison answered on Nov 27, 2020

Not without going back to Court and getting it approved.

1 Answer | Asked in Family Law, Adoption and Child Custody for North Carolina on
Q: I’m 17 years old I live in a group home and I am in DSS coustody can they move me outta state without my consent

Also can they move me when I’m about to be 18 in less than 8 months

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 27, 2020

The short answer is, likely yes. Until you turn 18 - you are a child and if DSS has custody of you, they can do with you pretty much as they please until you do turn 18. Your best bet is to do the best you can to make whatever they do as tolerable for yourself as you can make it. When you turn... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My ex was tested for covid our son is suppose to be with him this weekend. Can I keep him if his results aren't back

If the results are negative I will gladly send him there but if they aren't back or are positive can I get in trouble for keeping him home when it is his weekend. He insists that he is pick him up regardless. I have already had him my weekend this month so I can't just trade weekends with him

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 26, 2020

Tallk to your ex. See if you can switch weekends or make it up later. You have to follow the court order but you can work out an arrangement if you both agree.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I pay child support and my ex claims she "forgets" to let me talk to my daughter and it's been a month. What can I do?

My ex pulls this on a regular basis knowing that I don't have much contact with my daughter because I don't have the money to go see her. My ex has been like this for years and nothing is ever been done about it and I'm tired of always getting the short stick when it comes to it like... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 26, 2020

If there is a court order allowing you contact time, then you can enforce it. If there is not, you can file an action for a court order. It sounds like jurisdiction is in Iowa, however for parenting time matters because that is where the child is.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can a 14 year old in the state of Louisiana decide which parent they want to live with

My fourteen-year-old son lives with his grandmother which is the father's mother and has lived there since birth and now at 14 wants to live with me the mother and the father stepped in and said no which I don't see how does he have the right to say no that my son can't live with me... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 25, 2020

Hire a custody lawyer. A 14 year old has some say, but not the only say in where he lives.

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I was in a coma for three days the doctor found meth in my system somehow Child Protective Services found out

I didn't give my permission for them to look at my medical records and they didn't get a court order either but somehow they found out. Is there anything I can do about them violated my HIPAA rights

Timothy Kraeer
Timothy Kraeer answered on Nov 25, 2020

It's likely that the information made it to CYS via reporting by one of the medical providers that treated you. Medical professionals are required by statute to report whenever there is a reasonable concern that a person responsible for the care of a child is under the influence of a... Read more »

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: Is judge allow to deny proof of evidence of supporting arguments ?

My fiancé is having problems with the mother of his child with custody she hasn’t follow any court orders and refusing to give him his parenting time but he has proof of it judge doesn’t allow him to present it in court .

William Bailey
William Bailey answered on Nov 25, 2020

There could be an issue with the way he is attempting to present the evidence. Courts have specific rules about how evidence can be entered into the record. He should hire an attorney to assist because attorneys know those rules.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can i get all rights to my son full custody would be even better??

My ex girl friend and i had a baby he is currently about 6 months old she split i haven't heard from our son in 2 months.we both made agreement off the record. That when she left i would keep in contact and i would get pictures from him everyday. I dont know where she is i dont know how my son... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Nov 25, 2020

You need to see a domestic relations attorney as soon as possible to obtain legal representation and get something filed immediately to obtain custody of your son. Good luck

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Kentucky on
Q: When a court order violates UCCjEA

Court A already made the initial Custody determination. Court B refuses to give full faith a credit to existing judgement. Retains case from court A for two yrs. Court A is as circuit court. Court B us a district Court. UCCjEA requires communication, full faith and credit and priority to child... Read more »

Timothy Denison
Timothy Denison answered on Nov 25, 2020

The Circuit Court should retain jurisdiction.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Difference between a dvo and a child protective order.

Allegations of child abuse. Mother takes child too hospital. Cps is called and investigates. Mother also filed dvo on father. CPS files no petition with court. Cps declines prosecution. But enter parenting plan. Court orders 1yr dvo. Since dvo and cps are covered under different rules. Is it proper... Read more »

Timothy Denison
Timothy Denison answered on Nov 25, 2020

Yes. One is not necessary for the other.

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.