Get free answers to your Child Custody legal questions from lawyers in your area.
I have just received the official final order dated April 17, 2025, concerning custody and child support, and I want to relocate to Maryland for my pending marriage. The petitioner has a history of cocaine abuse, domestic violence, and has not had a relationship with our child since she was 2... View More

answered on Apr 21, 2025
If you received an Order dated April 17, 2025, I highly doubt a judge would entertain any modification at this time. Because if you were to file for a modification, the case is going back to the very same judge. And since it has been only days since they signed the Final Order, I can't see... View More
I am seeking full custody of my 2-year-old child as I plan to divorce my husband, who is in the military and doesn't spend much time with our child during his days off. I am a stay-at-home mother, providing full-time care for my child, and we currently live together. How can I achieve full... View More

answered on Apr 21, 2025
You will need to file for divorce, have your spouse served, and in your petition you should state what relief you are seeking regarding custody, visitation, child support, and marital property. You will then have to present your case at trial and let the court know what you are asking them to... View More
I have 50/50 custody of my child with my ex-husband, and there's currently no restriction on who can be around our child. My ex-husband's new girlfriend has two children who have harmed my child on several occasions, resulting in injuries like a black eye and a large bruise. I have... View More

answered on Apr 21, 2025
The only way you can restrict who your children can be around is to take the other parent back to court and modify the current visitation so that it addresses who the children can and cannot be around. Because anything that is not in a court order does not apply, and neither party has to follow... View More
I live with both parents, but one parent may be considered unfit due to a history of domestic violence. They were recently arrested for simple assault, and a court case is pending. Despite this, we are planning to file for joint custody. How might the recent arrest and history of violence influence... View More

answered on Apr 21, 2025
It is highly relevant but also very common for courts to deal with. The important part is the messaging to the Court, as the Court needs to balance Criminal Justice obligations with the best interests of the parties. Luckily this is in Civil Court, not Criminal, but you are still going to want to... View More
I live with both parents, but one parent may be considered unfit due to a history of domestic violence. They were recently arrested for simple assault, and a court case is pending. Despite this, we are planning to file for joint custody. How might the recent arrest and history of violence influence... View More

answered on Apr 21, 2025
No one can tell you how the simple assault may or may not effect a custody proceeding. A simple assault that was not witnessed by the minor children, did not involve the minor children, etc. may not be something the court decides should impact that parents custody and/or visitation. But only the... View More
In my divorce papers, it states that my current partner cannot spend the night when the children are in my custody. If we get married, would this clause still be in effect, considering the agreement has not been changed since my divorce was finalized?

answered on Apr 21, 2025
There should be language in the order that says what kind of overnight guests are not permitted. If it specifically addresses overnight guests that are not related, that you are in a romantic relationship with, but are not married too, getting married probably makes them acceptable to live with,... View More
I am the custodial parent based in Georgia, and my ex-husband lives in New Jersey. We divorced in Virginia in 2021 but have been separated since 2018. We currently have a verbal custody agreement in which the children stay with me for 11 months of the year and with their father for a little under a... View More

answered on Apr 16, 2025
If there is a court order that says you must notify the other parent of your intention to relocate, then a custody case may be filed, once the non-custodial parent is notified of the move. Your move will impact their travel, visitation, and possibly other factors and they could take you back to... View More
If a father was married when the child was conceived but divorced before the child was born in Georgia, is he still considered the legal father because he doesn't care about paternity and wants to see the child? The divorce decree did not mention the child as they were not born yet, and now... View More

answered on Apr 16, 2025
The divorce documents should have addressed the fact that the mother was pregnant. The mother should have disclosed to the court that she was pregnant, and then the divorce documents would have reflected that the mother was with child, and the husband of the mother is presumed to be the father.
In my custody case, a judge signed an order after a court date in early January 2025, where the judge was absent and it turned into a calendar call. My lawyer has not communicated with me since early March, and I received no notice about the order being presented or signed. My ex forwarded me a... View More

answered on Apr 16, 2025
You should speak to your lawyer. A judge would not have entered an agreement that was not signed by either the parties or their attorneys. But a judge can enter an order with what they have determined to be their ruling. The only way to clarify what happened in your case is to talk to your... View More
I want to file for divorce in Georgia, where both my spouse and I currently reside, and we have three minor children. We recently separated and have no existing agreements or court orders regarding custody or support. The reason for the divorce is infidelity. I would like to know what legal support... View More

answered on Apr 16, 2025
I'm not sure what you mean by legal support. When you file for divorce you can obtain a temporary order for child support, custody & visitation, until the divorce is final. You should speak with an attorney who can give you instructions on how to file, how the divorce process works, and... View More
I am involved in a custody case that originally opened in Georgia. The primary custodian relocated to Tennessee during the case without notifying the court or the other party. Subsequently, a case was filed in Tennessee, requesting a transfer of venue after the primary custodian resided there for... View More

answered on Apr 16, 2025
Talk to an appellate attorney. Because it would likely be time and money wasted trying to appeal an order when you had adequate legal counsel. It is probably best to continue the case in the new jurisdiction with any valid arguments you may have.
I am involved in a custody case that originally opened in Georgia. The primary custodian relocated to Tennessee during the case without notifying the court or the other party. Subsequently, a case was filed in Tennessee, requesting a transfer of venue after the primary custodian resided there for... View More

answered on Apr 6, 2025
Here's your problem: an appeal may not help you. Even if there was something improper about Georgia terminating jurisdiction, even if you won the appeal, the remedy would just be to have the order set aside and a new order entered. Georgia always has the power to terminate jurisdiction... View More
I have a civil family court case in Rockdale, Georgia Superior Court, concerning custody of my son, who has been abused by his mother for over ten years. Following the mother's disappearance in June 2024 and subsequent relocation to Michigan, I filed for an emergency change of custody pro se... View More

answered on Apr 16, 2025
It will be difficult for your case to move forward without proper service. And if you can't perfect personal or substituted service on the defendant, then you could follow the process of seeing if a court will grant an order for service by publication. They may or may not depending on your... View More
I filed an affidavit of custody election in Chatham County, GA, signed on January 20, 2025, and filed on March 21, 2025. My child's father is now threatening my son by saying he will take away his truck, phone, vacations, etc., if my son follows through with the affidavit. I also have text... View More

answered on Apr 16, 2025
I think you should speak to an attorney. It would benefit you to sit down and discuss what goals you are trying to achieve and then an attorney can determine the best way to achieve those goals. Because what you should or shouldn't file depends on what relief you are actually seeking through... View More
Knew It was over between us. But after the incident, he has not reach out to our son or helped in any kind of way. It’s been 4 months now. He’s been completely absent. And his lawyer and him seem to be doing everything they can to prolong the court hearing. Can I ask for this to be dismissed... View More

answered on Mar 3, 2025
You can ask for anything but that doesn't mean you're going to get it. The case is unlikely to get dismissed and if the father has an attorney you should have one too. His motives for filing for legitimation don't matter. He has a right to legitimize and in that action, he can ask... View More
In February 2023, I became the custodial parent of my 16-year-old daughter and initiated a child support order against her mother. Although I attempted to serve the mother, she was never successfully served. Can I still pursue back child support, and what steps should I take to address the lack of... View More

answered on Mar 3, 2025
The state of Georgia does not award retroactive child support. When you do obtain a child support order, it will be from the date the order was signed going forward. It will not address child support prior to the date of the order. But it seems like your focus should be on having the... View More

answered on Mar 3, 2025
Hire an attorney who represents parents in these types of cases so they can petition the court for the return of your child or children. You may have to agree to random drug testing but that shouldn't be an issue if you want to get your children back. But I would move quickly so your kids... View More
I am concerned about my 14th Amendment rights after my daughter was taken by DEFACS in December 2023 while I was in the hospital and my separated husband was arrested for drug possession. Although I have no criminal record, I haven't had an adversary hearing. I have been compliant with... View More

answered on Mar 3, 2025
I would get another attorney before it's too late. Prior to your parental rights being terminated you should seek alternative counsel and ask for a continuance if necessary, so your new attorney can familiarize themselves with what is probably a lengthy case. If you do not have faith in your... View More
I'm dealing with a situation where the father, who has 50/50 shared custody, is trying to change the location of the supervised visitation, which was previously agreed upon in the divorce decree and approved by the judge. The visits were supposed to take place at a local counseling center, but... View More

answered on Mar 3, 2025
It is hard to answer this question as accurately as possible without viewing the actual court order, either the final order which addresses visitation or the parenting plan. But without having viewed any documents, I would say no, neither party can change the location ordered by the court for the... View More
I currently pay child support for my child whose mother is in jail. I’m not legitimized in Georgia and the school informed me that I can't transfer my child because I'm not on the checkout list or the person who enrolled them. I don’t have information on how long the mother will be in... View More

answered on Mar 3, 2025
File for legitimation, have the mother served, and then ask the court for a temporary hearing so you can obtain a temporary order giving you primary physical custody of your minor child. Then you can make major decisions until such time as the court can make a final determination on custody &... View More
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