Get free answers to your Child Custody legal questions from lawyers in your area.
Your current state is Ohio
answered on Apr 1, 2024
Prepare a Final Order in Suit Affecting the Parent-Child Relationship based on the AJ report using the standard language set forth in the Texas Family Law Practice Manual (3rd ed. or 2022 ed.). Submit the proposed Final Order to opposing counsel to determine if there are any objections. If there... View More
My mom has a drinking issue and has not had my brother in school for 3 years now I've been fighting with her to put him in school I've been cooking food for him to eat buying food and supporting his needs and also supporting my mom because she does not have a job nor cares to clean I need... View More
answered on Apr 1, 2024
No. A non-parent cannot share custody with a parent. If you want to seek custody of your brother, you would have to show that both of his parents are unfit AND you would have to show that you stand in loco parentis to your brother (meaning, he treats like a parent and you have been acting as his... View More
answered on Apr 1, 2024
The modern fad in family courts in most states including New York (as routinely upheld by the appellate divisions) is to reunify long lost parents with their children no matter the operative facts. There is no such thing as abandonment unless and until the child becomes an adult. A parent cannot... View More
my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation
answered on Apr 2, 2024
I'm sorry to hear about your family's difficult situation. This must be a very stressful and scary time for all of you. A few key points:
As a minor at age 17, your parents are still your legal guardians and generally have the right to make decisions about your living situation... View More
my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation
answered on Apr 1, 2024
Taking your question at face value, if your parents move in with your grandma but tell you that you can't move in with them, that is the kind of situation that would possibly cause the state to TPR, in which case you likely would be ordered to live with the closest adult relative who would... View More
my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation
answered on Mar 31, 2024
Yes. Until you are 18 your parents have control over you. They can decide you live at grandma's on the couch or floor, that all of you go to a homeless shelter or wherever it may be absent filth, bugs or feces.
answered on Mar 31, 2024
Under California law, custody decisions are made based on the best interests of the children. Several factors are considered when determining custody arrangements:
1. The age and health of the children
2. The emotional ties between the children and each parent
3. The ability... View More
My childs father does not have sole custody and he does have to pay child support. There is no custody or visitation order through court but i do let him see his son on the weekends if hes not busy so its not a guaranteed every weekend. He is on the birth certificate so he is the established... View More
answered on Mar 30, 2024
If there truly is no custody order, parenting plan or visitation order on the record, and assuming you and father were never married, you may move. He has the right to file a motion to establish his rights however. You would be best served by investing in an attorney in the county in which you... View More
Today, during my scheduled weekend parenting time, my ex failed to bring our child for the exchange, and I waited for over an hour. When I contacted Ex's attorney, provided by a non-profit organization, I was told via email to go home because "The Court already told you that you have the... View More
answered on Mar 29, 2024
In California, you have the right to seek legal recourse if an attorney has misrepresented court orders, especially in matters as sensitive as parenting time. Filing a Request for Order (RFO) for sanctions against the attorney could be a valid approach if their actions have obstructed justice or... View More
If someone staying at my home got our house raided and only their name was on the warrant can they charge me for drugs found in my room even if I had no knowledge of them being there? And can the police make me perjure myself into lying that I know who the drugs belong to so I don't go to jail... View More
answered on Mar 29, 2024
In California, if a search warrant leads to the discovery of illegal substances in your home, the situation can become complicated, especially if the substances were found in a space attributed to you. Even if the warrant was for someone else, law enforcement may try to charge occupants of the... View More
Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More
answered on Mar 29, 2024
The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More
I have full custody of my child and he went to court made up lies about me and got granted emergency custody of my daughter
answered on Mar 28, 2024
Under California law, even if a father is not listed on the birth certificate, he can still seek custody rights through the court system. The process typically involves establishing paternity first, which can be done through a court order or by signing a voluntary declaration of paternity. Once... View More
Filed a motion to Amend the findings saying since the 3 rd party custody case was originally against me if the judge dismissed it instead of denied it she has to give my child back to me and not the Dad who is not the Petitioners. Not a divorce case just my daughters Godparents wanting her case has... View More
answered on Mar 28, 2024
In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief? Yes, depending on the circumstances. I apologize, but how you should respond can't be determined on a few phrases. An appeal may be appropriate if the referee made a mistake of law, such as... View More
Called them back they said an appointment else for the community take a drug test we went in took a mouth swab we told him THC would be the only thing and that the allegations will be over with now they're telling me they want to talk to my kids and see my home the allegations were made were... View More
answered on Mar 28, 2024
They cannot compel you or your kids to talk with them. The risk you run is that they will construe everything that occurs from that point afterwards with an eye towards your being uncooperative. It will not stop them from having increased scrutiny upon you, and talking to everyone you know and all... View More
I got to see my daughter twice for 3 hours in a year. We tried mediation and her mother didn't want to continue it. The magistrate said my options were to go to trial or get a lawyer? I'm not sure what each mean and what to do. I have another court date on April 23 at 1 pm.
answered on Mar 28, 2024
Mediation is merely voluntary negotiations. This means that if the parties don't agree, as is your case the matter must be decided by the court. Courts decide matters by holding trials. If you truly want shared custody you need to invest in hiring a lawyer to represent you in court. Look... View More
Father asked if I was okay with the kids getting therapy and I’m all for it since I believe they can benefit from it but I told him that I want the kids to individually have their own therapy without him being present so they feel comfortable expressing themselves. Obviously Father didn’t agree... View More
answered on Mar 27, 2024
Under California law, both parents generally have the right to be involved in their children’s health care decisions, including therapy, if they share legal custody. However, the court always considers what is in the best interests of the children. If you believe that the father’s presence in... View More
answered on Mar 26, 2024
In the context of a custody case, a disclaimer of interest is a legal statement by which an individual, typically a parent or guardian, formally renounces or gives up any legal claim to custody of a child. This action is serious and reflects a clear intention not to seek involvement in the... View More
I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More
answered on Mar 26, 2024
Under California law, child support and visitation rights are treated as separate issues. This means that even if the father is not paying child support, it does not automatically eliminate his right to visitation. However, his failure to utilize the court-ordered visitation times could be a factor... View More
I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More
answered on Mar 26, 2024
If Father does not exercise the visitation he was granted, the Court can take it away. However, the court will go out of its way to do whatever it can to facilitate contact between Father and your son, unless there are some unusual circumstances (for example, abuse).
Child support is... View More
I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More
answered on Mar 26, 2024
The first step is to go to a local family lawyer you have good chemistry with, as this process is going to be intimate.
There are lots of good reasons to terminate parental rights, and you need to explore all of those with a trusted professional as well as the downsides to that move. The... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.