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Child Custody Questions & Answers

2 Answers | Asked in Child Custody, Criminal Law and Federal Crimes for Ohio on

Q: Can I file federal kidnapping charges if the person didn't bring your child back home to you

William Jaksa answered on Jul 21, 2019

Short answer is yes, BUT, depends on several factors. Was there a child access/custody agreement in place? Was the child removed from the state? Was there an intention to bring back the child? A parent taking a child out-of-state for a weekend vacation would not be considered kidnapping. The police... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on

Q: Can my wife take my rights from me concerning our 3 children if they are not biologically mine?

We have 3 children age 7 and under that are not biologically mine but I am on their birth certificates and have taken parental responsibility for them from before they were born. All of them were conceived and born during our marriage. I did not have a part in their conception, that was done in a... Read more »

Lawrence Allen Weinreich answered on Jul 21, 2019

Based upon what you are saying, there is a doctrine in law called equitable estopple that will not allow your wife to do what she says as the children know you as their father and you have supported them since birth.

1 Answer | Asked in Child Custody and Family Law for Texas on

Q: Expecting child w/ ex. Is it legal for him not to take care of our baby?

Me and my ex are expecting a child in May. He wants to pay child support, but not care for our child. I want to have equal responsibility for caring for our child. Is it legal for him to neglect responsibility?

Rahlita D. Thornton answered on Jul 21, 2019

Both parents have an obligation to take care of their children regardless if you two are in a relationship or not.

1 Answer | Asked in Child Custody and Family Law for Idaho on

Q: I'm starting custody with my ex. I'm needing some deeper advice.

I'm asking for sole legal custody, and joint physical custody but had a schedule created for us to fallow. I have reasons of to why I would like my son with me more. If he responds, what preparation and paperwork should I put together for mediation? Do I need an attorney for mediation? I work part... Read more »

Kevin M Rogers answered on Jul 21, 2019

So you go to school and work and your mother watches your son while you work and go to school? Who drafted your “schedule to follow?” You? So you’ve filed some kind of Petition for sole custody? Why?

Your ex may be an alcoholic but you lack any proof of abuse (to you? to the minor...
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1 Answer | Asked in Bankruptcy, Divorce and Child Custody for Oklahoma on

Q: Can I keep my children away from the grandfather

Timothy Denison answered on Jul 20, 2019

Many more facts are necessary to properly answer this question but the short answer is probably, yes.

1 Answer | Asked in Divorce and Child Custody for Texas on

Q: What do I need to do if wife left house, took only 1 of 3 kids, refuses to bring her back, she living on a frien couch

4th time in 5 years she walks out, I work from home and very well established. we have boy 12, girl 8 and another girl 4 (which is the one she took with her) shes running a failing business. she is living on a friends couch and refuses to bring the 4 year old back home. can she legally separate... Read more »

Rahlita D. Thornton answered on Jul 20, 2019

The only way to address this is to file for divorce and request temporary orders. Good luck.

1 Answer | Asked in Child Custody for Louisiana on

Q: My question has to do with overnight guest Clause in my divorce papers

My 11-year-old son and myself were locked out of my complex due to gate jamming. We were invited to stay the night with a married couple whose son goes to school with my son. At the time it seem like an easy fix to the situation since I could not get inside my complex, It was only later that I... Read more »

Ellen Cronin Badeaux answered on Jul 20, 2019

You are fine. This is an easily explainable exception. Can you get a copy of the receipt.for the technician repairing the gare?

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on

Q: What rights do fathers have in custody cases?

A couple was married 2 years, and have 2 children. After multiple attempts at reconciliation due to her cheating, they separated. She took kids and moved to Puerto Rico from Florida without father's permission. Father moved for a 2 yr period to Puerto Rico to be close to kids. But now he has... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jul 20, 2019

Hello and thank you for using JUSTIA. That amount requested by your wife for child support sounds very extravagant. The child support laws are very clear cita. It tales both parties monthly income and then refers to a chart that sets a number for child support based on the percentage that each... Read more »

1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Landlord - Tenant for New Jersey on

Q: Hello i believe and know im a vixtim of illegal search and seizure in the state of nj ninvited guest fight ensued

James A. Abate answered on Jul 19, 2019

Its difficult to respond because I am not sure what the question is. Were you arrested? For what? Who searched you? What did they do? What did they find? What does the guest and the fight have to do with the police? Why were the police there? Was it in a car? Home? In Public? Additional... Read more »

2 Answers | Asked in Family Law and Child Custody for Georgia on

Q: In ga what should I do if my son's father isnt giving me my court ordered visitation, sent a demand letter last year

My son's father said he could deny my court ordered visitation because he gave me extra time with my son before

Regina Irene Edwards answered on Jul 19, 2019

You need to speak with an attorney who can review your court order and give you advice.

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1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: What do I need to do to be emancipated in Williamson county TN

What extra steps do I need to take as a 16 year old if my Guardian denies me permission to be emancipated, but my biological father agrees and my biological mother is missing? My guardian is my great aunt, I have a job at a sushi place, my father is offering me a home with him, and I do not have my... Read more »

Anthony M. Avery answered on Jul 19, 2019

You state no reasons for needing Emancipation, which is rarely a good status. But virtually any lawyer can file the Request with Juvenile Court. Without a Driver's License and transportation, it will probably be denied.

You will have plenty of time to be a responsible taxpayer in two...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on

Q: Custodial parent will not terminate CS even though child lives with us. Do we have options?

Our daughter, 17, moved in with us 4 months ago. We have paid for everything bc she refuses to help. She took away her car and phone which we have had to replace. We are paying large sums in CS and in arrears. She won’t pay for anything and refuses to terminate. And has never wanted our help (as... Read more »

Jennifer L. Rench answered on Jul 19, 2019

To clarify, I am going to assume that the "we" you are referring to is the child's father and maybe his now significant other? While I prefer Mom and Dad to be able to recognize that there is an issue that needs to be resolved and be able to work out the best way to resolve it by agreement, it may... Read more »

2 Answers | Asked in Child Custody and Health Care Law for Louisiana on

Q: My ex who moved to another state has informed our children's therapist he doesn't want them treated. can she treat?

The children have an established relationship with her for the past year. She has been very open with him regarding their treatment and has documentation of hours of phone conversations with him.

Douglas Lee Bryan answered on Jul 19, 2019

Either parent has full authority to authorize treatment for the children, absent a judgment to the contrary.

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1 Answer | Asked in Child Custody for Texas on

Q: Hey I had a few questions about the custody of me and my children.

Rahlita D. Thornton answered on Jul 19, 2019

Custody issues can be complex. We understand. But, you should consider posting your particular questions.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Personal Injury for Minnesota on

Q: Is it legal for a person grante temporary legal custody of child to immediately have elective surgery perfomed on child?

They never asked for consent from the parent and did not notify the parent nor the Court. They just went and had elective surgery performed on the child within weeks of being granted ex parte temporary legal custody. The child is now severely psychologically abused and traumatized. After elective... Read more »

Corwin Kruse answered on Jul 19, 2019

Legal custody carries with it the right to make medical decisions for the minor child. Of course, depending upon the circumstances, one might be able to argue that custody should be modified based upon physical or emotional endangerment to the child.

1 Answer | Asked in Child Custody for Indiana on

Q: My ex gave me a warning he filed for 50/50 custody but he is making me primary adult. Can i decide on the school?

John Mario Acosta Jr. answered on Jul 19, 2019

Based on the information you provided in your question and your current situation it seems you will have joint legal custody and you will be the primary physical custodian of the child. You still have to agree on the health, religion, and educational needs of the child, so you have to agree on the... Read more »

2 Answers | Asked in Communications Law, Divorce, Family Law and Child Custody for Georgia on

Q: Any advice on trying to communicate with my kids dad about the kids? He doesn’t want to talk to the kids or let the kids

Visit. Sometimes block us from calling. But as the primary parent I’m told I should always keep communication open to him if he chose to talk to the kids. But how can that go both ways. Seems double standard. Would like if he kept constant communication with kids since they ask about their dad.

Regina Irene Edwards answered on Jul 19, 2019

You can't force him to be a good parent.

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1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Massachusetts on

Q: Mother tells father of unborn child (3.5 months) to pay hotel bill until baby is born or he can’t see child. Extortion?

(Mass General law Chapter 265, Section 25 governs extortion.) ... Extortion is a criminal offense whereby an individual obtains property or money by any type of force and threats of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action.

Mother is... Read more »

Lillian J. LaRosa answered on Jul 18, 2019

Putative father should rather than get into the nuances of whether there may be a criminal proceeding instead bring forward a Paternity action in the Probate Court where the child is born/living to establish paternity and seek visitation as well as child support orders.

1 Answer | Asked in Family Law and Child Custody for Ohio on

Q: My ex is living with my daughter and a sex offender who was charged for being with a minor. What can I do to get her out

We have a shared parenting custody agreement in the divorce and I pay child support. He is her main source of child care since he is out of work and on house arrest. Is there any way I can become the resident parent?

Denise Rini Esq answered on Jul 18, 2019

File a Motion to Modify the Shared Parenting Plan and Motion for a Guardian ad Litem to be appointed in the Court where the divorce was granted. If you think it is an Emergency, file an Emergency Motion, though depending on the Jurist will depend how quickly you receive a hearing.

1 Answer | Asked in Family Law and Child Custody for Maine on

Q: I gave someone guardianship of my daughter about 3yrs ago or so how would I get my daughter back?

Denise Rini Esq answered on Jul 18, 2019

Greetings from a steamy afternoon. File a Motion to Terminate Guardianship in the Probate Court that granted the Guardianship.

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