Child Custody Questions & Answers

Q: Can a legal guardian forbid child to see or speak to their biological mother?

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Feb 13, 2019
Cary B. Hall's answer
Probably not! I'm also curious what exactly you signed to grant any sort of legal guardianship to your sister.

I think you should sit down with an attorney ASAP and go over that document together -- and then determine the best plan of action going forward. Best of luck to you.

Q: Can a side agreement be enforced due to "precedence" or does the decree stand if the verbal arrangement no longer works?

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
No they are not correct. The law encourages the custodial parent to allow additional time for visitation with the child or children and they cannot use that is any modification hearing in the future against you. Usually the parties share the travel expense and your facts show that you are following the intent of the law and you should not worry about the non custodial parent trying to use your past actions against you.

Q: Is one parent allowed to switch the kid’s school district without the other parent’s consent?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 13, 2019
Kathryn Hilbush's answer
You may have to follow the PA relocation procedure. Your question really needs to be addressed by an attorney in an in person consultation during which the logistics of your ex's move and your prospective one, along with those of your custody arrangement, can be carefully reviewed in detail.

Q: My son and I live in pa and his father lives in wv he is 7 months old where will custody have to be done?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Feb 13, 2019
Kathryn Hilbush's answer
You'll take care of custody in PA, where the child has lived for six months.

Q: Is there a way to give up my parental rights without having to involve the other parent?

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on Feb 13, 2019
Leonard Robert Grefseng's answer
No, Tennessee law requires parents to support their children. The only way to escape that obligation is to have another person assume it - by adopting the child. An adoption will terminate the parental relationship and establish a new parental relationship. The other parent will have to consent to the adoption.

Q: Does cps have any grounds for a court order?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
Impossible to answer without sitting down with you and going over your entire, detailed history since CPS got involved. But if what you say is accurate, it sounds like you're doing everything right so far -- and at some point, CPS will have to let go. They're typically hesitant to do so, however, and -- like you're experiencing -- they tend to keep moving the finish line so that supervision never ends.

I suggest you consult with, and then hire, an attorney to act as your advocate....

Q: Does my husband's ex-wife have any legal right to enter our home uninvited when the children are there?

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
If they are truly divorced and all issues of equitable distribution already settled, then no - she has no legal right to enter the home, regardless of whether the children are within or not. An open invitation may be the cordial thing to do -- and healthy for the kids to see Dad and Mom still having a friendly relationship as co-parents -- but that sounds like something you and he need to talk about rather than a legal issue.

Best of luck to everyone.

Q: My 13 year old stepson wants to have his abusive mothers rights terminated so that his father and I can adopt him.

1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on
Answered on Feb 12, 2019
Homer P Jordan IV's answer
Ultimately that would be up to the judge, who would make the decision after reviewing the facts of the case. I'm assuming the abuse has been documented as well. You should consult with an attorney who can review the facts of the case in detail and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: If the NCP is awarded custody and becomes the CP, does this remove the child support order? Is a separate motion to

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Feb 12, 2019
Ellaretha Coleman's answer
The new order should supersede the prior order on child support. However, if the child support is being collected by DHS, you may need to forward a copy of the new order to terminate the child support withholding.

Q: If something happens to me can I set up where my kids be taken care of by my family instead of their dad?

2 Answers | Asked in Family Law, Divorce and Child Custody for Georgia on
Answered on Feb 12, 2019
Ellaretha Coleman's answer
You can not will away children in the event of your death. If the unfortunate should happen, the father can petition the court for custody of the children.

Q: How do i go about regaining custody of my 3 children?

1 Answer | Asked in Child Custody for Texas on
Answered on Feb 12, 2019
Rahlita D. Thornton's answer
You have to file a motion to modify the prior court order. Get an attorney if you are serious about such.

Q: My son is 12 and lives with his dad. He wants to live with me. Will a judge let him?

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on Feb 12, 2019
Rahlita D. Thornton's answer
Regardless of the age of the child the judge still ultimately has the final call on this issue. 12 is an age that the courts do give a good deal of credence to their opinion.

Q: I was granted relocation with my child from PA to AZ 2 yrs ago. If I want to move again do I have to refile?

2 Answers | Asked in Child Custody for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
Arizona -- and your answer is located in Arizona's version of the Uniform Child Custody & Jurisdiction Act. Look also to Arizona law and their rules of civil procedure about how to proceed in relocation cases.

Best of luck to you and everyone involved.

Q: My son has emergency custody of his boys in Ohio. Can he legally bring them to Kentucky as long as he keeps court dates?

1 Answer | Asked in Child Custody for Kentucky on
Answered on Feb 11, 2019
Timothy Denison's answer
Yes, unless he is restricted from doing so by the Ohio Courts.

Q: Temporary guardianship in state if Mississippi...give aunt temporary custody of 12 year old for better schooling

1 Answer | Asked in Child Custody for Mississippi on
Answered on Feb 10, 2019
Arthur Calderon's answer
I am not entirely sure what you are asking. Are you wanting to give someone a temporary guardianship or temporary custody?

Q: I am unsure about jurisdiction in a child support/custody case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Answered on Feb 9, 2019
Terrence H Thorgaard's answer
As far as custody is concerned, the judge in Minnesota was referring to the Uniform Child Custody and Jurisdiction Act, which is law in both Minnesota and Florida. There is an exception, however, when neither party to the original custody decree is still in the state where the custody decree was entered. Thus, since neither parent still lives in Minnesota, the Florida courts could entertain an action to modify custody.

Q: what do I have to do for a custody battle in another state

1 Answer | Asked in Child Custody for Florida on
Answered on Feb 9, 2019
Terrence H Thorgaard's answer
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