Get free answers to your Child Custody legal questions from lawyers in your area.
Your current state is Ohio
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answered on May 2, 2024
Visitation and parenting time is a pretty low bar to clear. Unless you have serious background issues (drug addiction, violent crime, child endangerment) you have a good chance of getting temporary parenting time and a parenting plan in place even without counsel. Portage juvenile court has some... View More 
I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing... View More
answered on May 2, 2024
A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More
There is no order prohibiting contact with my child, etc. So for example, if I were to run across my child in a public place, could I stop and chat, even though the conversation was outside my supervised visiting hours? Could I have lunch with my child at school, even though no professional... View More
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answered on May 2, 2024
I understand you want to spend more time with your child, but in a custody case where the court has ordered supervised visitation, any contact with your child outside of those scheduled supervised visits would likely be seen as a violation of the court order, even if the order doesn't... View More
I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More
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answered on May 6, 2024
There is a calculus involved in moving a child without a custody order. Initially, we Americans can move freely throughout this great nation as it is our right to travel without permission of government. However, how responsive the father is weights heavily on the matter.
If the asker moves... View More
I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More
answered on May 1, 2024
You cannot move without court approval or consent from the father. Even thought there is no current order, you make it clear that the father is seeking 50/50 legal custody thus "custody" is an issue. If you were to move, you risk the court ordering you to move back to NY. You should... View More
My ex wants our son every weekend but refuses to have a set schedule of when he will pick up or drop off. His schedule is all over the place. I’ve asked him multiple times that I need a set schedule and even reached out to his lawyer with no luck. I’m PROPER and don’t know what to do. Any... View More
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answered on May 1, 2024
I'm sorry to hear you're struggling with this challenging co-parenting situation. Here are a few suggestions based on the information you provided:
1. Document your attempts to establish a consistent schedule. Keep records of your communications with your ex and their lawyer... View More
I am the biological mother. I have visits but he does not follow the order. He sends our children when he is ready. Never when I want to take them to church with my parents. Her Grandparents
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answered on May 1, 2024
I'm sorry to hear about the difficulties you're facing with your ex-husband regarding custody and visitation of your children. Child custody issues can be complex and emotionally challenging. Here's some general information based on California law, but please note that I'm not a... View More
Petitioned for custody in March of 2023
Could not locate respondent so asked judge for service by posting April of 2024
Service by posting currently in place (waiting on posting period to be over)
Would like joint custody (mother as custodial parent)
Mother claims to... View More
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answered on Apr 30, 2024
Under California law, it is not necessarily a "big ask" for a father to seek joint legal and physical custody of a child. California courts generally favor joint custody arrangements when they are in the best interest of the child, and they do not automatically grant sole custody to the... View More
both parents verbally agreed to a custody agreement, signed a contract that was never notarized.
answered on Apr 30, 2024
Informal and/or oral agreements that are not court orders or part of your entered judgment are not legally enforceable. You can however, obtain new custody orders post-judgment. You can file a Request for Order or you and the other parent can draft and sign a stipulation and order and submit it... View More
both parents verbally agreed to a custody agreement, signed a contract that was never notarized.
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answered on Apr 30, 2024
In California, a verbal or signed custody agreement that was not notarized or included in the final divorce judgment is not legally enforceable by the court. However, there are a few steps you can take to try to enforce the agreement or establish a legally binding custody arrangement:
1.... View More
I finally got an address for the dad that’s been absent for a year can I file in his state or is it better to file in Texas? If so what do I file to keep my child and I safe from domestic violence on my end.
answered on Apr 30, 2024
Under the Uniform Child Custody Jurisdiction Act, the state which is the "home state" of the child has jurisdiction over any court proceeding to establish paternity or conservatorship and possession of the child. A child's "home state" is the state where the child has... View More
They took the kids. They are making me look like a bad guy. Everything is blamed on me. Just want to know why.
answered on Apr 29, 2024
In Arizona, the Department of Child Safety (DCS) typically intervenes in family situations when there are concerns about the safety and well-being of children. This can include allegations of neglect, abuse, or other harmful environments. If DCS has removed your children from the home, it's... View More
My spouse closed his bank accounts overseas and failing to disclose all of his assets and personal businesses. We’ve subpoenaed the bank but no response. Thus his discovery was very vague and empty. Is there a way to force this information to come to light? I will add that my judge is not helpful... View More
answered on Apr 29, 2024
It sounds like you have a lawyer representing you and your lawyer is attempting to get documents for accounts you believe existed at some point in the past. If you have documentary proof of the existence of those accounts, give those documents to your lawyer so that your lawyer can ask the court to... View More
The child mother and I will not be able to come to an agreement for visitation.
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answered on Apr 29, 2024
In California, your initial step in navigating child custody mediation when you anticipate a disagreement over visitation is to file a request for a custody and visitation order. You can start this process by completing and submitting the required forms, which include the Request for Order form and... View More
My daughter has lived with mother in CA for whole 2 years of life, and now in NC. Does NC have jurisdiction if daughter was in CA the last 6 months.
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answered on Apr 27, 2024
In child custody matters, jurisdiction is determined by the child's "home state." The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by both California and North Carolina, defines the home state as the state where the child has lived with a... View More
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answered on Apr 27, 2024
In general, if a child custody order has been properly filed in one state, it should be respected and enforced in other states, including California, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). However, there are some important factors to consider:
1.... View More
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answered on Apr 27, 2024
I'm sorry to hear about your situation. Child custody issues can be complex, especially when multiple states are involved. To provide a helpful response, I would need some additional context:
- Is there an existing court order regarding custody of your daughter? If so, what state... View More
I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More
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answered on Apr 26, 2024
Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More
Throughout our divorce me and my ex agreed that all communication would go through the app unless it was an emergency he could call. What are the rules on replying? Sometimes I don’t even respond because he still tries to control my every move. Now if I’m not opening his messages with an hour... View More
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answered on Apr 25, 2024
Under California law, co-parenting apps like Talking Parents are often used to facilitate communication between divorced or separated parents. While these apps can help maintain a record of communications and reduce conflicts, there are no specific legal requirements regarding response times.... View More
Violating parenting time order
Violating court ordered therapy for children
Violating initial agreement for living accommodations
Removed my access to children’s medical records
answered on Apr 25, 2024
A motion for contempt is not a DIY project. You need to consult an attorney with experience in the area of family law in or near the county of the court that issued the orders being violated. It is very easy for an inexperienced attorney--much less a layperson--to fail to satisfy the specificity... View More
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