Child Custody Q&A by State
Your current state is Virginia
Child Custody Questions & Answers
Q: Hi I go to court in Bristol tennessee and I've got a few charges I would just like some clarification on please.
1.39-17-425 POSS UNLAW DRUG PARAPHERNALIA USES & ACTIVITIES. 2. 39-17-434 (b) METH - POSSESS OR CASUAL EXCHANGE. 3. 40-39-208 SEXUAL OFFENDER REGISTRATION FORM VIOLATION. I do have a little bit of a past but I was doing real well and that 3rd charge I did not know I even had until now. Can you... Read more »
It would be impossible to say without having the complaint or charging documents available to read.
Q: Dtatus Quo Order not being follows by wife. Nothing I can do?!
She left 08-01-19 and took out son to her parents over 60 miles away. A week later I submitted the paperwork I needed to and included a motion for Status Quo. That was signed as an order 08-12-19. Her lawyer was given copy in court (had court for Ex Parte which was dismissed) and was told by the... Read more »
Your lawyer should set a date for a hearing to determine temporary custody and temporary parenting time. But it is likely that your wife will also ask for temporary child and spousal support. This isn't just about her moving to her parents house. It is about transitioning from married to... Read more »
Q: if a tpr was granted can the mother of a child born befor the tpr file for a tpr on older child in kentucky
my husband and i had a involentary tpr granted and now his sons mother wants to terminate his rights to a son born years befor the tpr she moved and refused to tell us where she lived or had any contact for 3 years and dropped child support
Yes.
Q: I informed my child’s mother that I was going to take her to court for 7 and 7 joint custody and she blocked my number
She also blocked me on all social media. I can’t contact her, or my child. She had also moved to a new house within a week of me telling her this, and I don’t know what the address is. How can I find it for her to be served with the papers?
There is no one-size-fits-all answer to this question. The first question I have is how old is you child? If he/she is old enough to go to school, you can likely have her served at school during pickup and drop off. If child is not in school, you may want to consider employing a private... Read more »
Q: I have primary custody, my son has depression, and he no longer wants to go to his mother's home. What can I do?
My son is 11, and his therapist allows him to choose whom he wants to bring to therapy with him. He told her his mom gives him anxiety so he doesn't want her there. His mom yelled at him and told him she doesn't care she is coming anyways. This adds to his anxiety and depression, enough that I... Read more »
At 11, a child can express a preference regarding which parent they want to live with. You should consult with a family law attorney about filing for custody.
Q: Can sons girlfriend take daughter that has joint custody out of state without him being in agreement ?
My son and his ex girlfriend had parenting plan/scheduled made per his attorney 3 yrs ago in case their went separate ways. Now girlfriend is wanting to leave in middle of night with all 3 kids (agreed order plan only on 1st child). If she don’t have his daughter back by Sunday/Monday whichever... Read more »
Yes, she can get into trouble with regards to the child that is subject to an order if she is violating the order by moving the child out-of-state. With regards to the other two children, if there is no order in place she is not violating anything so your son should seek a court order right away.... Read more »
Q: My son was murdered by his son mother. When she is convicted, do I need to petition the courts for sole custody?
Her mother is physically unable to care for him. I do have grandparent visitation with the courts. She said she was going to leave him with her mom, but she is an alcoholic.
Most definitely. My recommendation would be, depending on the living arrangements now, to seek custody ASAP. Regardless, though, custody will need to be established through the court.
Q: What is the procedure for reunification in FL?
In 2014 DCF had an open case on me. Due to the circumstances to prevent my children going to Foster care or awarded to the state I volunteered my children to my dad. My children's father has been deemed not fit for custody. Due to DCF being involved everything had to be handled legally through the... Read more »
You need to return to the court that issued the original order giving guardianship to your father and ask for a modification.
Q: I have 2 children, one of which just moved in with me. I live out of state. How can I file a child support modificati
Both parents mutually agreed that our 16 year old would move to New York and enroll in schooling. We cannot agree on a modification of support. Is there a way to have the support (and custody) modified without having to appear in court or hire a lawyer? The process seems fairly straight forward... Read more »
There should be a Joint Modification Petition and Agreement and Financial Statements of both parties and if the MDOR is involved they need to be notified as well. You can go on the state website for the forms. Child support should be under the child support guidelines which are driven by the... Read more »
Q: How can I do that
Are you the person looking for a free attorney? If so, you contact the county bar association where the support case is and ask about their pro bono panel.
Q: I need a free attorney for child custody I tried to do legal services but I only qualify for the free Packet
I can’t afford any attorneys
You can see if you qualify for the pro bono attorneys through your local county's bar association, but I suspect you will not if you don't qualify financially for Legal Assistance aid.
Q: When is custodial parent negligent?
Ex wife has custody. I have supervised visits. No other family or friends available to assist me with visits. Leaves my ex-wife to supervise or be present, and she is not willing. Therefore I have not been able to visit with my children as per judges ruling. Sept 1 she allowed me to visit her home... Read more »
You are probably eligible to hire license mental health professional or law enforcement to supervise your visitation. Ask your custody attorney.
Q: I’m from TX I’m 21 years old & my mom Says she has custody of me is that possible ? I don’t remember signing anything
This sounds absurd. However, if you are incapacitated mentally or physically there be other actions that she could have taken. Good luck.
Q: My wife's narcissistic "Christian" mother and father have brainwashed her into getting HRO, Ex Parte Custody and Jail 4
I am a 31-year-old Christian, father, husband, and founder of Krew Cleaning services. I had17 "violations of harassment order" that coincidently got filed against the morning I was supposed to see my daughters the first time in 2 months (due to an ex parte custody that got approved based on her... Read more »
You are entitled to a hearing on the HRO/OFP. There are instructions in the paperwork that you were served about how to request a hearing. It will be her burden at the hearing to establish that you have been harassing her or that an act of domestic abuse occurred. The violations are criminal... Read more »
Q: If there is no formal custody agreement, do both parents have the same rights to a child?
There is no court-ordered custody agreement but the father does pay child support and the child is with the mother more than 50 percent of the time. Does the father still have the same custodial rights as the mother?
Yes, until someone goes to court and gets a custody judgment.
Q: I'm trying to get full custody of my kids. father has been m.i.a for two weeks. how can i get a court date.
i've tried a few years ago for full custody. ended settling for joint. their father hasn't followed threw with any of his responsabilies since our last court date.
Your best option is to hire an attorney. You need to file a suit affecting the parent child relationship (SAPCR) and have father served. If you cannot locate him there are other methods for getting him served. As far as "full custody", Texas really does not have such a thing. There is joint... Read more »
Q: I'll move to MA and daughter is 14yo, Ex said I have to leave daughter with him or not pay child support, Is this right?
Assuming that there is a current court order on timesharing, you must go to court in order to move to another state. As part of the modification child support will be recalculated. You will need to show the court that the move is in the best interests of the child.
Q: I am a divorced father of three and my ex wants to move the children from florida to south carolina. what are my rights
How does visitation work, in terms of cost, what about moving expenses if I decide to follow my children and move near them? I have been an active father with joint custody and always paid my child support.
The mother will need to file a petition for relocation. It is her legal burden to show that the move is in the best interests of the children. You have the opportunity to oppose the move. As part of settlement negotiations you can discuss moving expenses or travel expenses.
Q: Child Custody Laws Between New York and California
If a child's mother passes away in California and the biological father lives in New York, would the child be sent to New York?
You should first speak with a California attorney
Q: What will happen to me if my dad called cops on me for not listening/running off? I'm 15 and turn 16 soon. In Kentucky.
So the social services placed me with my dad yesterday, the last place I want to be. He's verbally abusive behind closed doors but hides it well and denies it when brought up. I do have a bit of history, I got molested again and was drunk and high when it happened last week. I have friends whose... Read more »
If you don’t comply with the cops, you will either go to jail or a mental health facility.
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