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Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Ohio on
Q: Is it legal to leave home at age 16 in ohio without being emancipated?
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

A parent or guardian has responsibility until a child reaches 18. Ohio does not allow a minor to seek emancipation, so talk to a teacher, school counselor, or other trusted adult about your situation. Emancipation cannot be accomplished by an act of the child alone. Emancipation is generally... Read more »

1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: How much longer do I have to pay child support in Puerto Rico if both boys are 20 and 18?

In Aguadilla, Puerto Rico, I have two boys who are 20 and 18 years old. Instead of using Assume, I have been paying child support through military allotment. My second oldest has been out of school for six months, and my eldest has been out for a year and a half. In Puerto Rico, their collegiate... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 28, 2022

In Puerto Rico, a minor reaches legal age when he or she reaches 21 years old. Nevertheless, Rule of Law states that a dependant child may be entitled to receive child support through 25, if said child is studying undergraduate or even graduate studies.

That being said, cessation of payment...
Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Does my written answer to a petition need to be notarized before submitting it to the clerk of courts

The petition was filed in broward county and I live with my child here in Polk County. I'm trying to submit my answer and relocate the case and not really sure how to go about it. I've been trying lawyers for a consultation with no luck and am running out of time to put in my submission.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 28, 2022

You need to answer the petition in Broward county. You can also file a motion to transfer jurisdiction to where you live. Look for a family lawyer with a free consultation. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Do I have to file my written response in the county the petition was filed or can I file it with supplemental petition

I want to file a supplemental petition to move the case to the county where I live with my daughter but I have to write a response to the petition filed by her dad in a different county. I don't have transportation to the other county to file in their clerk of courts. Even if I file a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 28, 2022

You can file it online, using Florida's E0filing Portal:

https://www.myflcourtaccess.com/Common/UIPages/NotLoggedIn.aspx

Or, obviously, you could probably mail it to the clerk of court in the county where the father filed his petition.

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1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Fraudulent allegations ofp made, consequences to petitioner?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 27, 2022

This question is not clear. There is aneed for more information prior to responding.

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Wisconsin on
Q: Can our Grandsons mother stop let us see our grandson with no warning? Our son died in 2020 and they were never married

Since 2020, he has come to stay every other weekend until 3 months ago, something changed and we've seen him once.

Over this last summer, she didn't let him stay half the summer like before because he's watching his 4 small siblings while her and her boyfriend work.... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 27, 2022

You can file a Motion for Grandparent Visitation for a Court Ordered schedule to see him if she is denying you contact.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Can I go back to prison over child support.

So currently, I’m going to be custody battle for my son. And my ex is trying to have me sent to jail or back to prison over child support. I was paying when I was working I lost my job due to a car accident and I’ve been applying nonstop and have the proof. I’ve been looking and I’m not... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Nov 27, 2022

You can be sanctioned for failure to obey a court order. If you have a substantial and continuing change of income, you can file for a support order modification. If a conviction has an impact on your ability to earn income, you can mention that. However courts anticipate that if you are looking... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: My Son is incarcerated, his ex is being investigated by CPS. MDHHS had a team meeting w/out him. Is this legal?
Brent T. Geers
Brent T. Geers
answered on Nov 26, 2022

Probably. Your son should have been appointed a lawyer, who may have participated in the team meeting.

1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Kentucky on
Q: My daughter has lived with a guy for 20 years.they have two children one still lives at home she is 15.can her boyfriend

force her to leave.dose she have any clame on the house

Timothy Denison
Timothy Denison
answered on Nov 26, 2022

Depends on how title to the property is held; whether daughter has contributed any money to the house over the 20 years. She most likely has a claim of some degree that can keep her there. She needs to talk to a lawyer immediately.

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can I lose custody if my child is in daycare to much even if the judge mandated it?

Judge mandates only blood relatives or licensed child care providers. (I have no family in Idaho so I use daycare)

I than lose custody % 2 years later because my kids are in daycare to much while I'm at work 5 days a week. Single mom.

Kevin M Rogers
Kevin M Rogers
answered on Nov 25, 2022

As a litigator, what I constantly have to remind myself is that judges don't care how good my argument is to give my client custody, or how persuasive I am about the good things my client is doing etc., if it's not in the child's best interests. This is thE ONLY factor that the... Read more »

1 Answer | Asked in Child Custody for Kentucky on
Q: I lost joint custody of my son to his who now has sole custody of him. I lost them because of.drugs. can I get.joint bk

His dad has since moved our son to New Mexico without even telling me. What can I do

Timothy Denison
Timothy Denison
answered on Nov 25, 2022

You can probably regain visitation but one would have to review the file and the rulings that are in place. Additionally, the case may have to be litigated going forward in New Mexico under the UCCJA.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What is a joint managing conservator?

I don’t want to lose my song because of something that happened that was out of my control. I had PPD after my son was born and became suicidal. But that’s not happening anymore.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 25, 2022

Both parents have rights and duties, Both parents have periods of possession. The Childs parent but th eother parent primary residence may be with one gets every thursday over night during school year and 1st3rd and 5th weekends from thursday to monday morning, 30 days in summer and every other... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: The child turned 16 years old and has a full-time job. The child lives 187 miles from the non-custodial parent.

Our child just started a full-time job and lives 187 miles away from the non-custodial parent, who has every other weekend and every other holiday visitation. The non-custodial parent is requiring the child's employer to follow the court order visitation. Does the employer have to follow this... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

No private party may require a non-party to do anything. If you believe the father is requiring a non-party to obey your Decree of Divorce, then please disabuse yourself of this belief. This also has nothing to do with how far your child lives from the father. The ONLY considerations you should... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can I request a Lincoln Hearing on a custody modification petition appeal??

Father got full custody of children in August. I’m in the process of filing an appeal on that. Last month, I filed a custody modification due to ongoing reports of alleged abuse by the father. CPS was called by the ER and by the school. CPS worker blamed me for the calls and accused me of... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Nov 24, 2022

No, the appeal is based on the evidence presented at trial or information presented to the Family Court judge. You cannot present new evidence on appeal. You could try making a motion to reargue or renew in Family Court.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I file a motion for relocation. I do not live in the county where the petition was filed
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 23, 2022

You can file your supplemental petition where you live and/or preferably where the child lives. Assuming that all legal issues have been in Florida you can attach the original order to your petition as an exhibit. Relocation can be complex so speak with a local family lawyer for more specific... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If my teen decided she no longer wants to go to her father's, do I have to make her?

I have sole custody and her father has a visitation order. She is 14 and we live in the state of Virginia.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 22, 2022

Unjustifiably withholding visitation can result in a change of primary physical custody of a child. A custodial parent must do everything within his or her power and authority to allow visitation to occur, absent some credible evidence of family abuse which would justify a modification of a... Read more »

1 Answer | Asked in Family Law, Child Custody and Constitutional Law for New York on
Q: What is case law on a non-custodial parents girlfriend being requested to give a hair follicle after already submitting

Drug test by an oasis State facility

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 22, 2022

This is one of those questions that lack all of the detail needed to properly respond to. There is also missing an issue except to the extent that a "non-custodial parent's "girlfriend" already submitted to a hair follicle test.

There is a considerable body of case law...
Read more »

1 Answer | Asked in Child Custody for Louisiana on
Q: If I know my grandchildren are not in a good environment and are around not good people, can I fight for custody?

The material grandmother has custody

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 22, 2022

Sure you can however it does not mean you will win----the overall circumstances and what's in the best interests of the children are the big points. Also, you do not mention the children's parents and what's the children's parents here. All said, if you are wanting to get... Read more »

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Can the father of my children be they're next friend if he's suing me for custody but I have the kids
Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Nov 21, 2022

Short answer is yes. Long answer is yes and Next Friend doesn't really mean that much in a custody proceeding. The Court will appoint a GAL if there is need for your children's interest to be represented in Court with the correct motion. Ultimately you need an attorney to help you with... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is there an attorney in Abilene Texas that can do a pro bono case for me
John Michael Frick
John Michael Frick
answered on Nov 21, 2022

https://www.justia.com/lawyers/texas/abilene/legal-aid-and-pro-bono-services

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