Get free answers to your Child Custody legal questions from lawyers in your area.
The battle we have now is he wanting full custody instead of split because he wants to take the kids away from our divorce papers when we got a divorce are set to me having visitation rights every other weekend by court. my sons birthday is coming up and I got in contact with my kids father he told... View More 
answered on Jun 7, 2022
You are bound by whatever court orders are currently in place. You say that your spouse has "primary custody." Is that in a court order? If you want to see the children and there is no court order then you need to go to court for clarification. Speak with a local family lawyer for more... View More
What state holds jurisdiction if I were wanting to modify the child custody arrangement?
my babymama and i have made plans for me to see my son but when they day comes she always come up with the excuse that hes sick. i send her whatever money i have to her for him and constently make plans on seeing him which she cancels day of. in the last two years ive only gotten to see him 5 times.
answered on Jun 2, 2022
If you haven't established paternity (assuming you are not married to your child's mother), you will need to file a petition to establish paternity, custody, timesharing and child support. After finding you to be the legal father, the Court will determine what is in the best interest of... View More
answered on Jun 2, 2022
Depending on the county, you may be able to file a motion for contempt or motion for temporary relief. You should consult an attorney in your area.
My son lives with me now full time, his father sees him about an hour or two a day. On his terms.
answered on May 31, 2022
You do not mention if there is a current court order on timesharing. If there is then you need to file a Motion for Modification. You will need to show the court that it is in the child's best interest to have the timesharing that you are suggesting. If there is no current court order then the... View More
Furthermore, if they do start a family and are not abusive but live in the house and are not involved (In-house absent parent) would they have partial custodial rights to the children if the family divorced. My husband and I have been together for 18 years. I love him and we have a 9-year-old... View More
answered on May 25, 2022
Yes, of course a convicted felon can start a family.
But after reading your post several times, it appears that you are married, thinking about divorce, and are considering forming a live-in relationship with another man (the convicted felon, presumably). No, it is very unlikely that the... View More
They can't afford him, have no room, and live with her mother. Mothers had CPS involved a few times with her kids. The house always smells like cat urine. They are in Va and we filed in Sumter county almost 7 years ago. I'm scared to lose him after he's blossomed so much with school,... View More
answered on May 22, 2022
You need to read carefully whatever document gave you "custody." If it is a court order then the court that issued the order would review any changes. If it is simply a document from the parents to you then the parents can probably "revoke" it at any time. If the the child has... View More
So I’m 16 years old and my parents are divorced with dual custody over me. I stay with my mom one week and same thing goes with my dad. I got hired at a place in my mom’s town, and since my dad lives 45 minutes away from there, I can imagine it’d cause some difficulties for him since I... View More
answered on May 20, 2022
I’m sorry to hear that you’ve been put in this position by the unfortunate circumstances of divorce. To answer your question, if you ask your dad permission to stay with your mom, he does have control over you as to where you will be staying during his court ordered time. If he says no, the... View More
We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.
answered on May 19, 2022
In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.
Mother lives in Fla, father lives in Ga
answered on May 19, 2022
In general, jurisdiction of the court lies where either parent or the child lives. If you are in agreement then you can enter into a parenting plan without court intervention or involvement. I am assuming that the parents are not married so legally this would be a paternity matter. The issue that... View More
The mother and I have a verbal time sharing agreement nothing through the courts. We were never married. The mother was recently arrested for domestic abuse against myself. The baby is in my custody. The mother has a no contact order with me. Can I get custody of the child?
answered on May 17, 2022
You need to go to court on a paternity case to solidify your legal rights as the father. You have custody by default at this point but that could change unless you go to court on your own behalf. Speak with a local family lawyer for more specific advice.
answered on May 16, 2022
You need to go to the court that issued the order of temporary custody to assert whatever legal rights that you may have. Speak with a local family lawyer for more specific advice.
If I have sole legal and physical custody I would still have to file to terminate parental rights? Even if the father has abandoned the kids completely for a long period of time?
answered on May 16, 2022
Yes. Legal and physical custody (timesharing) comes with the partner legal obligation of child support. When parental rights are terminated there may no longer be a financial support obligation. This is an area where you should definitely speak with a local family lawyer for more specific advice.
If the parent who has the child in their custody realizes that they can no longer financially support her can I sign power of attorney over to the man who has been in her life the last 10 years and she knows as step dad or will she have to go to her biological father even though she does not want... View More
answered on May 13, 2022
It's worth a try. It's always possible that the biological father will ask that he be awarded custody, but that remains to be seen, doesn't it?
answered on May 10, 2022
In Florida it is called timesharing (not custody) because it is the law that both parents should share time with a child. Assuming that you are not married you need to file a Petition for Paternity. The court will then order a timesharing schedule (parenting plan) that is in the best interests of... View More
He still lives in Haiti and does not want the divorce because I’m the sole provider for us and our daughters and he doesn’t want to work.
answered on May 4, 2022
If you meet the residency requirements (lived in Florida for six months as your permanent home) then you can file for divorce in Florida. If the child is living in Florida then those issues will be addressed in Florida. If the child still lives in Haiti then Florida would not have jurisdiction to... View More
About 3 years ago I moved to GA and me and my childs father did a signed agreement that my daughter would go between fl n GA and then he changed his mind I came back to fl and went to court and the judge decided that she should stay with him ok. So now his sister told me and so did my child that he... View More
answered on Apr 30, 2022
No, you can't "just go get her". He still has court-awarded primary custody. That he exercises that primary custody by leaving the child with his mother doesn't change that; it's like leaving a child with a baby-sitter while one is working.
answered on Apr 26, 2022
If you have court ordered timesharing then you go to court for enforcement. If there is no court order then you need to go to court and ask for an order on timesharing. Speak with a local family lawyer for more specific advice.
My son was born in NC. His dad moved here for a yr. Didn’t like it, came to FL stayed for 5 months and I left. We came up with an agreement in regards to our son, got the document notarized so we didn’t have to go through the courts upon my departure but, he went behind my back files for... View More
answered on Apr 25, 2022
Jurisdiction is where the child has lived for the past six months. If you have a written agreement with the other parent you can use it as evidence in any jurisdiction. Speak with a local family lawyer for more specific advice.
Parents never married. Father never petitioned the state for rights in either Ohio or Florida. No legal arrangement just verbal until March of 2022 when mother started a custody case. He is claiming since October of 2020 that son resides with father and has actively Maintained medicaid benefits for... View More
answered on Apr 20, 2022
This is an issue between you and the medicaid system. Look for a consultation with a lawyer that specializes in government benefits.
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