Get free answers to your Child Custody legal questions from lawyers in your area.
Custody and Support:
We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More 
answered on Jan 20, 2025
While the timesharing arrangement proposed appears to be in your best interest, a critical review of the financial distribution plan is essential. At this juncture, it's impossible to ascertain whether the proposed financial settlement is equitable. A complete and transparent disclosure of all... View More
Custody and Support:
We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More
answered on Jan 20, 2025
As to the five topics you referenced (Custody & Support, Financial matters, Alimony, Life Insurance & Car, and Legal protection), you are free to enter into any agreement you like that addresses these topics. But beware, once you agree to the terms you are bound by them and cannot cry... View More
Hello I have a question about a situation about my daughter enrollment for school. I am a primary caregiver. Her dad has her twice a week. I am trying to cooperate and trying to figure out a agreement for a school I tried to discuss halfway in between me and his house, and he is trying to say that... View More
answered on Jan 9, 2025
You do not mention if you have been to court or not. If you have a parenting plan then you need to follow what it says. If you do not then you may need to go to court to settle this disagreement. Based on the facts contained in your question you can enroll the child in a school near your house. If... View More
He threatens me all the time saying he will take our kids away from me. Is it possible? And would I be able to move out of state with the kids even if he won't let me? Since my family and help for me is in another state
answered on Dec 28, 2024
In Florida, unless you have already been to court the mother starts out with control of the children. It is possible for one parent to go to court to establish or modify timesharing (custody) but the end result will be a schedule of sharing time. It is rare for children to be "taken away"... View More
Father and child lives in the US and ex lives in Canada. Ex filed the divorce back in 2018 in Canada but since the child is living with father, Canadian court proceeded with divorce only as they do not have the jurisdiction over the child. She does not pay for a dime or child support as directed by... View More
answered on Dec 27, 2024
If you have or can get a certified copy of the Canadian divorce decree you can domesticate it (file with your local court and ask them to recognize it). Depending on the exact language regarding the child you may need to file a motion as well asking for sole parental responsibility and authority to... View More
We filled for divorce 2 years ago in NJ. My wife moved to FL 1.5 years ago, although there is no written agreement to allow this. I now also live in FL. Do we have to move the case to FL? Is FL a better state for me from a child support perspective or is NJ?
answered on Dec 17, 2024
If the child has been living in Florida for more than six months then NJ will probably not accept jurisdiction anymore, meaning that they may divorce you but they will not address children's issues because the child does not live there anymore. I cannot advise you on NJ child support law.... View More
He owns his own home and is a business owner. He loves my child as it’s his own. I’m living in a house right now that was flooded during a hurricane and it’s a current construction zone. I’d love to move in with him so my child can be safe and have a family environment. Am I able too while... View More
answered on Dec 6, 2024
The court will always look at the best interests of the child. As long as you are doing what is best for your child (as opposed to what is best for you) then you should be alright. Just be prepared to explain the the court why you moved and how it was better for the child. Speak with a local family... View More
My son went temporarily to MI while I was incarcerated. I still have full custody. I am doing well and would like my son to be with me again. I believe my son has been turned against me while I was gone. My mother is elderly and in very poor health, My stepfather has Alzheimer’s. So my son is... View More
answered on Nov 18, 2024
You need to start with the last court order regarding your child. What does it say about who cares for the child while you were incarcerated. You can then return to the court that issued that order to ask to get your child back. Generally, children do not get to choose who they live with. Speak... View More
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answered on Nov 12, 2024
The answer depends on whether the custody agreement was ratified by the Court and if it became a final or temporary order in a custody or a paternity case. Custody agreements between two parents that are not generally filed in Court can be enforced as a contract if necessary to protect one parent... View More
A UCCJEA was also filed with the petition. The lawyer didn’t notify me as well. The child now lives 22h away oppose to 6h . What should I do to get this settled quickly .
answered on Nov 6, 2024
File an Emergency Motion for Child Pick-Up Order. This motion can request the court to order the immediate return of the child. Since the respondent did not notify you about the relocation, they might be in contempt of court, especially if there was a court order in place prohibiting such a move... View More
myself and safely get my children returned to my custody after 3 years of a battle against the court employees and authorities, who ARE running this town, my childrens cases, no due process exists and judges simply don't respond to emergencies modification custody? Not even a personal letter... View More
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answered on Oct 17, 2024
Based on the allegations, it would be in the best interest of the child(ren) that you request the Court to appoint a Guardians ad Litem (GAL) to advocate for the minor child(ren). The Guardians ad Litem will have the ability to review all the evidence and prepare a report and send to the Judge... View More
answered on Sep 19, 2024
If your children have lived in NY for longer than six months then you need to file for timesharing in NY in the jurisdiction where the children live. If you were never married to the other parent and have never been to court then it would be a paternity case. Speak with a local family lawyer for... View More
Father has been absent for 4 years (since birth) and now wants to petition for custody out of the blue. Is mental health counseling generally a part of the reunification plan? How long are the gradual steps for reunification? Will he ultimately get to 50/50 custody? I just want to understand whats... View More
answered on Sep 17, 2024
Reunification varies based on the specific circumstances of each case. If mental health concerns are raised in the pleadings, evaluations may be ordered. Initially, supervised timesharing is often implemented when there is a significant gap in time, and the child is unfamiliar with the other... View More
My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.
I dismissed her because we weren’t in... View More
answered on Sep 6, 2024
Every state has a jurisdiction requirement for filing lawsuits. In Florida (and many other states), in order to file for divorce one party has to have lived in the state for at least six months. Wherever you decide to file, you must meet the jurisdiction requirements. Speak with a local family... View More
My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.
I dismissed her because we weren’t in... View More
answered on Sep 7, 2024
You indicated that each of you "dismissed" the other spouse. A party to a case cannot dismiss a case filed by another party. Do you mean that the respective courts dismissed both cases? If so, when a motion to dismiss was filed, you should have responded that you "retained [y]our... View More
Do you know if that can be done and how?
answered on Sep 6, 2024
As long as one of the parents or the child lives in Tampa then you can file a motion for enforcement. You may need to attache a certified copy of the Georgia court order (parenting plan). Speak with a local family lawyer for more specific advice.
I’m getting divorced and my ex wife and me may or may not have a kid together. I’m here in Florida and she moved to Tennessee and she refuses to do a DNA test or respond to my attorney. She’s been served and her 20 day response time expired 2 months ago. I’ve paid for mediation but the... View More
answered on Sep 2, 2024
The answer to your question depends on what relief you are seeking. If you just want to get divorced then a default can help end the case. If there is a child involved then the court cannot rule on children's issues with a default so those issues are reserved, but you still get divorced. If... View More
answered on Jul 30, 2024
Carefully read through your current custody agreement or parenting plan. It may already include provisions regarding transportation responsibilities. Speak with the other parent to discuss and negotiate transportation arrangements. Sometimes, an amicable agreement can be reached without going to... View More
Florida. His ex-wife filed some paperwork related to custody and I am not comfortable signing for legal documents on his behalf (I do not have a power of attorney during his deployment). Am I legally required to do so or can I decline?
answered on Jul 29, 2024
Vald service of process doesn't depend on whether the person the process server hands the summons to agrees to accept it. If the process server gave the summons to the person who answered the door, and the defendant's residence, the defendant has been served. You shouldn't be asked... View More
My kids have reported back to me for the past two weeks my ex is drinking and driving with them in the car. He almost got into an accident with them too. How do I proceed to get custody removed and protect my kids?
answered on Jul 24, 2024
You may file a motion to modify the custody arrangement if there are significant concerns about the children’s safety. Document everything your children have told you, including dates, times, locations, and specific details of the alleged incidents. If there are any witnesses or additional... View More
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