Get free answers to your Child Custody legal questions from lawyers in your area.
I have 50/50 joint custody of my daughter, and her mother has violated every aspect of the court order. I have repeatedly reported to CPS that my daughter is being abused by her mother's boyfriend and cousins, with evidence including photos and reports, but CPS has closed each case after... View More 
answered on May 4, 2025
There are no reasons a child should be physically abused and if DFCS is failing (typical) then your next stop is Law Enforcement. You will also benefit from a lawyer to ensure your child's complaints are being heard. Even if that means asking a judge to assign a Guardian Ad Litem for her.... View More
I am considering putting the father of my child on child support; however, he is not currently listed on the child's birth certificate, and there are no existing custody or visitation orders or informal agreements. Does starting child support give him any legal rights or claims to visitation... View More
answered on May 1, 2025
Filing for child support does not give any legal rights to the father. However, if you initiate a child support action, he may file to legitimize and to assert his legal rights. Then he could ask for some form of custody and/or visitation. So by taking him to court for child support, he may file... View More
I am considering putting the father of my child on child support; however, he is not currently listed on the child's birth certificate, and there are no existing custody or visitation orders or informal agreements. Does starting child support give him any legal rights or claims to visitation... View More
answered on May 11, 2025
No, child support and legal rights are separate, assuming that you were not married to him at the time of the birth. However, he can always file a legitimation action to establish legal rights and visitation. Paying child support does not automatically give you legal rights or entitle you to... View More
I am a father trying to allow my daughter's mother to have visits with her, but the mother has threatened not to return our child. There are currently no court orders or formal custody agreements in place. However, I have safety concerns about my child's living conditions with her mother.... View More
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answered on Apr 21, 2025
If there is no custody order and you are not married to the mother, you have no rights. The mother has full custodial rights, which means she doesn't have to bring your child back. You have to file for legitimation and obtain a custody order.
I am a father trying to allow my daughter's mother to have visits with her, but the mother has threatened not to return our child. There are currently no court orders or formal custody agreements in place. However, I have safety concerns about my child's living conditions with her mother.... View More
answered on May 1, 2025
If there are no court orders or custody agreements then the mother has sole legal and physical custody of the child, if you all were not married when the child was born. If you were married when the child was born then you both have the same rights and either of you can have the child. You... View More
I have just received the official final order dated April 17, 2025, concerning custody and child support, and I want to relocate to Maryland for my pending marriage. The petitioner has a history of cocaine abuse, domestic violence, and has not had a relationship with our child since she was 2... View More
answered on Apr 21, 2025
If you received an Order dated April 17, 2025, I highly doubt a judge would entertain any modification at this time. Because if you were to file for a modification, the case is going back to the very same judge. And since it has been only days since they signed the Final Order, I can't see... View More
I am seeking full custody of my 2-year-old child as I plan to divorce my husband, who is in the military and doesn't spend much time with our child during his days off. I am a stay-at-home mother, providing full-time care for my child, and we currently live together. How can I achieve full... View More
answered on Apr 21, 2025
You will need to file for divorce, have your spouse served, and in your petition you should state what relief you are seeking regarding custody, visitation, child support, and marital property. You will then have to present your case at trial and let the court know what you are asking them to... View More
I have 50/50 custody of my child with my ex-husband, and there's currently no restriction on who can be around our child. My ex-husband's new girlfriend has two children who have harmed my child on several occasions, resulting in injuries like a black eye and a large bruise. I have... View More
answered on Apr 21, 2025
The only way you can restrict who your children can be around is to take the other parent back to court and modify the current visitation so that it addresses who the children can and cannot be around. Because anything that is not in a court order does not apply, and neither party has to follow... View More
I live with both parents, but one parent may be considered unfit due to a history of domestic violence. They were recently arrested for simple assault, and a court case is pending. Despite this, we are planning to file for joint custody. How might the recent arrest and history of violence influence... View More
answered on Apr 21, 2025
It is highly relevant but also very common for courts to deal with. The important part is the messaging to the Court, as the Court needs to balance Criminal Justice obligations with the best interests of the parties. Luckily this is in Civil Court, not Criminal, but you are still going to want to... View More
I live with both parents, but one parent may be considered unfit due to a history of domestic violence. They were recently arrested for simple assault, and a court case is pending. Despite this, we are planning to file for joint custody. How might the recent arrest and history of violence influence... View More
answered on Apr 21, 2025
No one can tell you how the simple assault may or may not effect a custody proceeding. A simple assault that was not witnessed by the minor children, did not involve the minor children, etc. may not be something the court decides should impact that parents custody and/or visitation. But only the... View More
I live with both parents, but one parent may be considered unfit due to a history of domestic violence. They were recently arrested for simple assault, and a court case is pending. Despite this, we are planning to file for joint custody. How might the recent arrest and history of violence influence... View More
answered on May 11, 2025
It depends on the judge. Many judges will consider it only if the violence was directed towards the child or witnessed by the child. The facts will be important to determine the weight of it. It may be helpful to show the judge that an anger management or family violence class was completed.
In my divorce papers, it states that my current partner cannot spend the night when the children are in my custody. If we get married, would this clause still be in effect, considering the agreement has not been changed since my divorce was finalized?
answered on Apr 21, 2025
There should be language in the order that says what kind of overnight guests are not permitted. If it specifically addresses overnight guests that are not related, that you are in a romantic relationship with, but are not married too, getting married probably makes them acceptable to live with,... View More
I am the custodial parent based in Georgia, and my ex-husband lives in New Jersey. We divorced in Virginia in 2021 but have been separated since 2018. We currently have a verbal custody agreement in which the children stay with me for 11 months of the year and with their father for a little under a... View More
answered on Apr 16, 2025
If there is a court order that says you must notify the other parent of your intention to relocate, then a custody case may be filed, once the non-custodial parent is notified of the move. Your move will impact their travel, visitation, and possibly other factors and they could take you back to... View More
If a father was married when the child was conceived but divorced before the child was born in Georgia, is he still considered the legal father because he doesn't care about paternity and wants to see the child? The divorce decree did not mention the child as they were not born yet, and now... View More
answered on Apr 16, 2025
The divorce documents should have addressed the fact that the mother was pregnant. The mother should have disclosed to the court that she was pregnant, and then the divorce documents would have reflected that the mother was with child, and the husband of the mother is presumed to be the father.
In my custody case, a judge signed an order after a court date in early January 2025, where the judge was absent and it turned into a calendar call. My lawyer has not communicated with me since early March, and I received no notice about the order being presented or signed. My ex forwarded me a... View More
answered on Apr 16, 2025
You should speak to your lawyer. A judge would not have entered an agreement that was not signed by either the parties or their attorneys. But a judge can enter an order with what they have determined to be their ruling. The only way to clarify what happened in your case is to talk to your... View More
I want to file for divorce in Georgia, where both my spouse and I currently reside, and we have three minor children. We recently separated and have no existing agreements or court orders regarding custody or support. The reason for the divorce is infidelity. I would like to know what legal support... View More
answered on Apr 16, 2025
I'm not sure what you mean by legal support. When you file for divorce you can obtain a temporary order for child support, custody & visitation, until the divorce is final. You should speak with an attorney who can give you instructions on how to file, how the divorce process works, and... View More
I am involved in a custody case that originally opened in Georgia. The primary custodian relocated to Tennessee during the case without notifying the court or the other party. Subsequently, a case was filed in Tennessee, requesting a transfer of venue after the primary custodian resided there for... View More
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answered on Apr 6, 2025
Here's your problem: an appeal may not help you. Even if there was something improper about Georgia terminating jurisdiction, even if you won the appeal, the remedy would just be to have the order set aside and a new order entered. Georgia always has the power to terminate jurisdiction... View More
I am involved in a custody case that originally opened in Georgia. The primary custodian relocated to Tennessee during the case without notifying the court or the other party. Subsequently, a case was filed in Tennessee, requesting a transfer of venue after the primary custodian resided there for... View More
answered on Apr 16, 2025
Talk to an appellate attorney. Because it would likely be time and money wasted trying to appeal an order when you had adequate legal counsel. It is probably best to continue the case in the new jurisdiction with any valid arguments you may have.
I have a civil family court case in Rockdale, Georgia Superior Court, concerning custody of my son, who has been abused by his mother for over ten years. Following the mother's disappearance in June 2024 and subsequent relocation to Michigan, I filed for an emergency change of custody pro se... View More
answered on Apr 16, 2025
It will be difficult for your case to move forward without proper service. And if you can't perfect personal or substituted service on the defendant, then you could follow the process of seeing if a court will grant an order for service by publication. They may or may not depending on your... View More
I filed an affidavit of custody election in Chatham County, GA, signed on January 20, 2025, and filed on March 21, 2025. My child's father is now threatening my son by saying he will take away his truck, phone, vacations, etc., if my son follows through with the affidavit. I also have text... View More
answered on Apr 16, 2025
I think you should speak to an attorney. It would benefit you to sit down and discuss what goals you are trying to achieve and then an attorney can determine the best way to achieve those goals. Because what you should or shouldn't file depends on what relief you are actually seeking through... View More
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