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Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Florida on
Q: Is grabbing a child by the arms squeezing, shaking them and threatening them considered corporal punishment?

In Sept 2019 I had to file injunctions against my ex husband and his fiance and contact CPS regarding Physical Child abuse. The father admitted of having knowledge and the fiance admitted to the abuse. The injunction agreement is good till April 2020. The terms agreed on were; no corporal... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2020

Yes, I suspect that the judge would find that the conduct constitutes violation of the injunction. It may also be a crime (threatening to cut the fingers off particularly).

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2 Answers | Asked in Child Custody for Georgia on
Q: My boyfriends ex gave custody of their child to her mother. How does he go about getting custody?

The mother signed her rights away to her her mother with out giving the father a choice if he wanted her or not. How does he go about getting custody of his child? She is not legitimized but there is a state given dna test done proving she is his.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 13, 2020

It is best to contact an attorney as soon as possible who can assist you with the specifics of the case. He will have to legitimize, because in the state of Georgia dna testing is not enough.

We are glad to assist you. Contact us whenever you are ready.

I wish you well....
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1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: What to do if dad ends up having child more and still paying support to mom and she quits her job?

Hello, my bf is court ordered to have him on weekends and she has asked us to have him more. If we don’t have him his grandma does . Who doesn’t live with mom. We seem to be sharing custody with grandma not mom. Mom voluntarily quit job. And we’re still paying her $400 dollars a month. Is... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 12, 2020

you cannot stop making payments unless the court modifies the child support order. You would need to go to court and ask first that parenting time be modified to reflect the actual situation, and then ask that support be modified per the new schedule. If mom voluntarily quit, income can be... Read more »

1 Answer | Asked in Child Custody and Immigration Law for North Dakota on
Q: What are the rights of a foreign mom to take her child with her in case of deportation, if american husband disagrees?

My sister is doing a medicine recidency and her program might be cut off. In case that happens she will be deported to Peru. Her husband would start the procedure for her to return to the states as his wife, but does not want the baby to leave the usa. What are my sisters´ rights, if she wants to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

That is more of a family law question. If your sister is awarded custody, or if the baby’s father allows your sister to take the baby, then she should have no issues.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: I have a little girl and her daddy is not on birth certificate but recently we went to child support office

And did dna test of course it came back she was definitely his. But I have a dr appt today and his mother was going to keep her is there anyway they could keep me from getting her back?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 11, 2020

If you don't have a custody judgment, then yes. She doesn't have to return your child. Hire a custody lawyer Nd file for cuatody.

1 Answer | Asked in Child Custody for Nebraska on
Q: I have full custody of my child who is 6, the other parent can only see with court supervision and has not tried in 4 yr

I want to file papers incase something happens to me the child will not go with other parent who has not seen her, divorce was also by default due to domestic case against other parent and him being in jail, do I need a lawyer to file this or is it something I can go pick up and fill out?

Julie Fowler
Julie Fowler answered on Feb 11, 2020

There are a number of ways to help protect a child when there is only one parent in the child's life. One is by having complete estate planning documents, including provisions as to what you would request in case you would die before the child becomes an adult. There are also options such as a... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: Seeking a custody change

My ex and I have two children with 50/50 custody arrangements. This is to include sharing costs for all school, daycare, and medical costs, ect. He is also ordered to pay $156 a month in child support. Since our divorce was finalized, he hasnt paid any additonal costs and stopped paying child... Read more »

Julie Fowler
Julie Fowler answered on Feb 11, 2020

A party needs specific court permission to move the children out of state. Generally, but depending on the wording of the current order, a party doesn't need court permission to move the children within state. That being said, if the move would effect the parenting time or exchanges, it is likely... Read more »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Ex and I have joint custody, 50/50. Can my 18 year old daughter choose to live with me full time?

My ex and I have joint custody, 50/50. Can my 18 year old daughter choose to live with me full time? Will this require legal action? I pay minimal CS, and will follow up with my atty on that, just wondering about choice of physical location? Thanks

Bari Weinberger
Bari Weinberger answered on Feb 11, 2020

Thank you for your question. You do not specify whether you have joint legal or joint physical custody, or both, which will be crucial in allowing us to provide guidance to you. With that being said, custody is always subject to modification when there is a chance in circumstance, and your... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How to find out if my child's mother has had her rights terminated to my child's half sibling?

DP case opened in 2016 when my childs half sibling was 3 months old. He has been in foster care, he is now about to be 4. The TPR adjudicary hearing was Sept 2019 and final hearing was Nov 2019 but DCF and Kidscentral won't give me info as to the outcome which relates to my child.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 11, 2020

Have you been adjudicated to be your child's father? In any event, you probably need to consult with an attorney.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Question concerning. ROP.

If a ROP is signed by the farther at the time of birth, does that off set MN law that states, a unmarried mother mother has sole rights to the child

Thank you,

Fred Prescott

Corwin Kruse
Corwin Kruse answered on Feb 11, 2020

No. The ROP creates a presumption of paternity, but if the parties are unmarried, an adjudication of paternity is still required for paternal rights.

2 Answers | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Chances of 50/50 custody?

I want 50/50 legal and physical custody of my 13 month old daughter. My only child. Her mom has 3 subsequent children all by different men that dont pay support. Ive been in my daughters life since she was born despite her moms efforts to keep me out of her life. I hired a lawyer and took her to... Read more »

Troy Tyson
Troy Tyson answered on Feb 11, 2020

This is something you should definitely be discussing with your attorney, that's what you are paying them for. In general true 50/50 physical custody is fairly tough to get, particularly if the other party objects and considering the age of the child. There is nothing wrong with you trying, as long... Read more »

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1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: If my ex husband is supposed to pay child support through the court system but doesn't and pays me cash .is it a gift?

He never gives me a receipt or the proper amount he is ordered and its random months and amounts . And wants to give me sole custody only if I do away with child support

Kristine Jones
Kristine Jones answered on Feb 10, 2020

Hello. No, it is not a gift. It is child support that should be going for the costs associated with raising your child(ren).

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: The children were taken from the mom in Hillsboro co they live with us in Broward where woukd mom file to get them back

I have permanent custody now where does she file for her custody back

Karen Rodriguez Ibarrondo
Karen Rodriguez Ibarrondo answered on Feb 10, 2020

If the children were sheltered from the Mother in a dependency (DCF ) case and the case was closed permanent guardianship with you having custody, the Mother would have to seek to reopen the dependency case and ask for reunification. the Family Court will not be able to give custody to the Mother... Read more »

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1 Answer | Asked in Child Custody for Florida on
Q: I was given custody of my grandchildren here in Broward County Florida They were taken into DCF custody in Hillsboro Co

Where does the mother file for her rights back ?Originally they resided in Hillsboro

Karen Rodriguez Ibarrondo
Karen Rodriguez Ibarrondo answered on Feb 10, 2020

The Mother would have to make herself available in the dependency case in order to ensure her rights are not terminated and to litigate that case. If you were given custody of the children at some point, you should contact the Department to see if they would consider you as a placement for the... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can I file for divorce and sole custody of my child while my spouse is in a psychiatric hospital?

She was initially self admitted, however is being transferred from a stress center to "another facility" that the staff will not disclose to any one. The will not even confirm that she is at the stress center at this time, although her mother confirms that she is there.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 10, 2020

Based on your question you can file for divorce at anytime for any reason in the State of Indiana.

1 Answer | Asked in Child Custody for Indiana on
Q: I have custody of daughter. She will be 19 in 60 days and has decided to move with her mom. Her mom filed for custody?

I'm thinking she's trying to lock me in to a support order before she turns 19 so she can get me for extended college expenses.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 10, 2020

Based on your question you can still file for emancipation and if requested may be required to pay for college expenses.

1 Answer | Asked in Child Custody for Louisiana on
Q: Why would we both need to adopt if the child is already biologically hers? She is the birth mother

See previous question

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 10, 2020

It's an Intra-Family Adoption. Actually it's you who adopts but she joins you in the Petition that she consents. It can ONLY be done while you are married.

1 Answer | Asked in Child Custody for Ohio on
Q: Does an unwed father in Ohio who has been in prison still have parental rights?

Father and mother have never been married and he is now threatening to file for custody.

Anthony C. Satariano
Anthony C. Satariano answered on Feb 10, 2020

In Ohio, unwed mothers are deemed to have all of the custody rights until paternity of the father is proven and a court rules on parental rights. Going to prison, alone, does not terminate someone's ability to pursue custody of a child.

I highly suggest you speak with a custody attorney to...
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1 Answer | Asked in Child Custody for Louisiana on
Q: How do I obtain custody and what type of custody do I file for?

I am a women who has been with my wife for 14 yrs and married to her for 4yrs. We share a daughter who is biologically hers but I have been the primary parent since she was 8 months and she is now 15yrs old. We are divorcing and the daughter wants to reside with me. My wife is ok with it as I have... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 10, 2020

Hire a custody lawyer. Before you divorce, the two of you could adopt then do a Consent Judgment for custody as part of your divorce.

3 Answers | Asked in Divorce and Child Custody for Georgia on
Q: Can a father get primary joint custody if he was not primary on medical insurance and works out of town?
Ellaretha Coleman
Ellaretha Coleman answered on Feb 9, 2020

That will depend on the totality of the circumstances. The court will consider several factors in determining the best interest of the child to assign a primary physical custodian. Contested custody cases are complex matters. You should speak with a family law firm to discuss the specific facts... Read more »

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