Child Custody Questions & Answers

Q: My child’s mother filed false accusations against me. Prohibiting me to bring her home despite a court order set.

1 Answer | Asked in Child Custody for Texas on
Answered on Apr 14, 2019
Rahlita D. Thornton's answer
You should assert your position as you see fit for the best interest of your child. Hire a lawyer in the county where the case is pending. Good luck. If we service that particular county give us a call. Thanks.

Q: I want to legal custody of my grandson and my daughters unborn child she currently lives with me but always leaves her

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Answered on Apr 14, 2019
Bruce Alexander Minnick's answer
This can be done--but not here online. Contact a family lawyer in your area.

Q: Do I need to be specific when asking for evidence from opposing attorney?

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Apr 14, 2019
Adam Brown's answer
You have the opportunity to conduct what we call "discovery."

There are various mechanisms for discovery request. Since you are on your own, you should consult with an attorney about what you will need to prove your case. Then you should inquiry about how to admit what you need into evidence.

Adam

Q: What are the laws of audio and video inside your house of children being envolved or people walking in your house.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Securities Law for Oklahoma on
Answered on Apr 13, 2019
Pete David Louden's answer
There is no law against people having security cameras in their homes. Almost every place you go now has security cameras: homes, schools, parking lots, stores, government buildings, etc.

Q: How do i get my kids back the judge gave her other 30 days to get more evidence against me and they have cameras

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for Oklahoma on
Answered on Apr 13, 2019
Pete David Louden's answer
Bottom line, you need to hire an attorney to represent you at the next hearing. Your odds of presenting an effective case are much better with an experienced attorney.

Q: Per Divorce Decree other parent was to pay half of private school tuition and hasn't for 8 years. Can I do anything?

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Answered on Apr 13, 2019
Arthur Calderon's answer
Yes, you can initiate a contempt action against the other parent on behalf of the minor child.

Q: What should I do if mother had a stroke recently?

1 Answer | Asked in Child Custody and Child Support for Oregon on
Answered on Apr 13, 2019
Joanne Reisman's answer
If you were ordered to pay support while the child lived with the mother then you definitely want to modify the support so you don't continue to be liable for payments while your daughter lives with you. That would involve also recalculating the support so yes, the mother may end up having to pay support but that would be based on the new income circumstances for the mother. If mother had a stroke and can't work, she may have little or no income. If mother ends up collecting social security...

Q: Hi my son was kept away from me for 9 yrs. He has recently reached out to me and is 14 yrs old now.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Apr 13, 2019
Amanda Bowden Houser's answer
"Please help!" Hmmmm - really? With what exactly - not paying child support perhaps? Couldn't be you need help with visitation with your son. If so, seems the time to have asked for help with that was 9 years ago. Or 8 years ago. Or 7 years ago. It seems very much like what you are saying is you are happy your son is now in your life as long as you don't risk having to pay back or future child support. It further seems you want to play the victim here (when you absolutely are not) with...

Q: What to do abut my husbanD assault me an one of our children and the judge gives him temporary custody

1 Answer | Asked in Child Custody, Criminal Law and Divorce for Tennessee on
Answered on Apr 13, 2019
Mr. Kent Thomas Jones Esq.'s answer
At this point in time, your case is far more factual than legal. On this question and answer forum, we attempt to help individuals by providing simple explanations about the law. Your issue needs the attention of local counsel, who can ask you the appropriate questions to communicate with the judges and other officials involved to resolve the crisis in your favor. You have a constitutional right to counsel. If you cannot afford an attorney, one can be appointed for you.

Q: Can I go get my son?

1 Answer | Asked in Family Law and Child Custody for Illinois on
Answered on Apr 12, 2019
James G. Ahlberg's answer
You best bet is to file a paternity action to get an order declaring you to be the boy's father. Once you have that you're on much more solid footing when you go to claim your son. In this situation it's cheaper and easier to get things straightened up at the outset rather than trying to fix up a mess afterward.

Q: The baby daddy won't let the mother see or talk to the daughter and they have no custody agreement and are not married

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Answered on Apr 12, 2019
Doak Willis' answer
If the child resides in Oklahoma the law states that the mother of the child has custody until the father of the child is determined by paternity testing. The mother needs to hire an attorney now to possible get the child returned to her until parentage is determined through a paternity proceeding.

Q: TEXAS - hot to calculate 30 days summer possession

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on Apr 12, 2019
Angelica Lucinda Farinacci's answer
I would start by being clear on what your Order says and if it begins and ends at 6:00 p.m. then I would count one period of 6:00 p.m. to 6:00 p.m. as one day and that may be why you are ending up at 32 days instead of 30. I hope this helps.

Q: If I don’t have the fathers information for emergency custody in the state of PA how do I fill out the paperwork ?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Apr 12, 2019
Cary B. Hall's answer
Yes. And you'll need to do some investigation to find the father's location so that he can get a copy of everything you file. Last known address may be sufficient, but you'll need to convince the court that you've done your best to locate him. So get started, and best of luck to you.

Q: If it is a motion to set aside a mediated agreement... What happens if it is set aside? What's next?

1 Answer | Asked in Divorce, Child Custody and Child Support for Georgia on
Answered on Apr 11, 2019
Regina Irene Edwards' answer
There isn't a simple answer to that question. A variety of things can happen after a Motion to Set Aside. Sometimes, the parties settle with or without mediation, sometimes they just to trial.

Q: My ex-wife is dying. Am I within my legal right to pick him up from her sister upon her death and assume custody ?

1 Answer | Asked in Child Custody for Oklahoma on
Answered on Apr 11, 2019
Pete David Louden's answer
The better way to do this to avoid any issues is to do a custody modification. You son is old enough to has his wishes considered by the court. Hire an attorney to help you.

Q: How do I begin the process of terminating parental rights? We have not heard from my childs father in 6 months?

2 Answers | Asked in Adoption and Child Custody for Louisiana on
Answered on Apr 11, 2019
Douglas Lee Bryan's answer
If you and your spouse have been married for over 6 months, your spouse can file to adopt the child at this time. This would terminate the father's rights. This is a relatively inexpensive process, compared to a private adoption. Give me a call and I'll be happy to discuss the process and costs involved.

Q: Is custody or guardianship the right choice to pursue so our granddaughter can stay with us until graduation.

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
The child's preferences do not matter. Unless you are the child's legal guardian there is little you could do if her mom decides to come get her. On the other hand, given the history of CPS involvement, you might be able to convince the state to help you gain legal control over your granddaughter. This will require some official legal action based upon some current compelling reason for the state to intervene. Custody decisions are under the control of a state court judge upon properly filing...

Q: Can I video record the exchange of my own child between his mother and myself on public property?

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Virginia on
Answered on Apr 10, 2019
Bryan J. Jones' answer
It's legal as long as it's public and there's no expectation of privacy. You should be careful because the situation could escalate. Most people don't like having cameras in their faces.

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