Child Custody Questions & Answers by State

Child Custody Questions & Answers

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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Q: Custodial parent wants to modify my non-custodial visitation arguing kids are misbehaving because of me.

1 Answer | Asked in Child Custody for Georgia on Apr 17, 2015

Answered on Apr 18, 2015

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Julie A. Rice's answer
You can file for a modification of visitation, and possibly custody, and show that there has been a significant change in circumstances. You would have an private attorney represent you as this is a complicated process and you could loose valuable time if you don't do this correctly.

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Q: How important is the opinion of the GAL in a final custody hearing?

1 Answer | Asked in Child Custody for Georgia on Apr 17, 2015

Answered on Apr 18, 2015

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Julie A. Rice's answer
The weight given to what the child wants will depend upon the child's age. The findings of the Guardian Ad Litem (GAL) is very important, but it not the final ruling. The court will take the GAL's recommendation into consideration, evaluate all the facts presented in the case, and then make the ultimate determination of what is in the best interest of the child taking into consideration all of the things that you have mentioned and also evidence presented by the opposing party. It is,...

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Q: What precedents site one parent trying to sabotage sobriety of other parent through continuous harassment

1 Answer | Asked in Child Custody for Florida on Apr 14, 2015

Answered on Apr 15, 2015

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Robert Jason De Groot's answer
Sabotage sobriety? What does that mean to you? Lawyers need facts in order to apply the law.

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Q: Can a 15 year old move to his moms even if dad has custody without going to court?

1 Answer | Asked in Child Custody for Florida on Apr 12, 2015

Answered on Apr 14, 2015

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Robert Jason De Groot's answer
The mother probably needs to file a petition for modification. See needs to get an attorney for that.

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Q: I am 16 and i want to live with my father can my mom stop me from leaving because she threatens to call the police?

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

Answered on Apr 14, 2015

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Robert Jason De Groot's answer
Yes, your mother can stop you from going to live with your father.

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Q: can grandparents with temporary custody leave the state of Florida without permission from the parent and/ or the judge

2 Answers | Asked in Child Custody for Florida on Apr 8, 2015

Answered on Apr 9, 2015

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Robert Jason De Groot's answer
Go see a family attorney in your area. I do not know enough of the actual facts to be able to give you a full answer.

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Q: Im in the middle of a nasty custody case. we have shared holidays, he refuses to share? what can i do about this?

2 Answers | Asked in Child Custody for Florida on Apr 5, 2015

Answered on Apr 6, 2015

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Robert Jason De Groot's answer
Hire an attorney. File a motion for enforcement or contempt and have a hearing on it.

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Q: I let my sons grandparents take him to raise him because I didn't have a good home. Now I do and want him back. How do I

2 Answers | Asked in Child Custody for Florida on Apr 1, 2015

Answered on Apr 2, 2015

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Robert Jason De Groot's answer
You need to see an attorney about this. The attorney will be able to ask questions and get answers from you.

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Q: I gave a friend full custody of my son to better his education what is the process of getting my son bac in the state of

1 Answer | Asked in Child Custody for Florida on Mar 31, 2015

Answered on Apr 1, 2015

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Robert Jason De Groot's answer
You need to go see an attorney. There are not enough facts provided. You cannot legally just give full custody to a friend, to begin with. I need to ask you many questions in order to answer your question fully.

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Q: What can cause me to lose a custody case?Moving from place to place?Living with a fiancé?

1 Answer | Asked in Child Custody for Maryland on Mar 26, 2015

Answered on Mar 30, 2015

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Evan M. Koslow's answer
There is a variety of different factors that the court considers when determining what custody/access schedule is in a child's best interest. These factors include, but are not limited to:

Primary Care Giver - Who is the person who takes care of the child? Who feeds the child, shops for their clothes, gets them up for school, bathes them, and arranges day care? Who does the child turn to when they get hurt?

Fitness - What are the psychological and physical capacities of the...

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Q: If a child has been living with their dad for years and the mom is trying to take the child, what should he do?

1 Answer | Asked in Child Custody for Georgia on Mar 24, 2015

Answered on Mar 24, 2015

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Julie A. Rice's answer
A few questions have to be answered. First, were you married to this woman when this child was born? If so, then file for a divorce and ask for sole physical and legal custody. If you were not married and the child has not been legitimated (your name on the birth certificate is not enough to prove legitimation ~ to prove that the child is your biological child, then you need to file with the Superior Court a Petition to Legitimate the Child and I would suggest that you retain an attorney to...

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Q: My daughter recently fled Florida due to domestic violence which included her husband theatening to kill himself

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

Answered on Mar 24, 2015

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John Arthur Smitten's answer
If the children lived in FL then you have to deal with the case in FL. You can ask for emergency custody and child support.

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: My brothers are not being taken care of.I am living in Germany is there any way that i can get custody? Without a lawyer

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

Answered on Mar 24, 2015

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John Arthur Smitten's answer
You have to come to the USA.

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: How long do you have to petition the court after a 30 day notice of a parent moving out of state with child?

1 Answer | Asked in Child Custody for Georgia on Mar 21, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
You need to read your court order. If the court order says that you can leave after 30 days notice, then you can leave. If you are leaving for good, and that is going to interfere with the fathers visitation, then you have a problem. Then, you must petition the court to modify the child custody based on the fact that you have a significant change in circumstances such as a new job, family to help you, etc. that makes it necessary for your to move, and the father has ever right to object and...

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Q: How do i gain full legal& physical custody of a child , that lives with me all the time, but the dad kidnap him from fam

1 Answer | Asked in Child Custody for Georgia on Mar 22, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
You need to report this to DFACs. IMMEDIATELY. You will not get custody unless the situation is so egregious with the biological family and unless the child was placed with you legally, then you are in big trouble for not letting the family know the whereabouts of this child. The biological family is the family that is first in line for that child and if you are caught aiding and abetting a kidnapping then you could see jail for a very long time.

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