Get free answers to your Child Custody legal questions from lawyers in your area.
answered on Dec 29, 2020
Guardianship cases of this type can vary widely in regards to the child support provisions. However, the terms of child support should be clearly spelled out in the court's order granting guardianship to the grandparent.
answered on Dec 9, 2020
Always a difficult question because it does involve a financial commitment and often times emotions get in the way of rational decisions when it comes to separating a household.
If the divorce is amicable (rarely), there are no disareements about assets and debts (and your financial... View More
Will she lose her license? She is refusing me to talk to my children when she has them.
answered on Dec 8, 2020
You can bring an action for contempt in the court that has jurisdiction of the case. The court will hold a hearing, at which point you would present your evidence, and ask the judge to hold the mother in contempt and force her to pay the money owed. I would recommend that you speak with an... View More
answered on Nov 23, 2020
Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and... View More
My boyfriend and his ex have a court order in place giving him joint legal custody and gives her full physical, within the order, he can use his parenting time by picking up the child Wednesday night and bringing her back Friday night. He got a call from the mother yesterday telling him that she... View More
answered on Nov 13, 2020
If the parties share legal custody, then that means that both parents are entitled to participate in making decisions on things like schooling. She is required to speak to him first on those issues and allow him input, and she cannot make those decisions unilaterally.
If the custodial parent accepts extra curricular activities for the child like birthday parties etc can the non custodial parent ask for those hours lost in make up time?
answered on Nov 13, 2020
If one parent has lost hours they were entitled to, most courts are very flexible in allowing the parent to make up those hours when they can. This is something you should try to work out with the other party rather than taking it to court. If you are talking about one instance of make-up time that... View More
and he is asking to make up the hours he is missing as a result of his working. Can he do this?
answered on Nov 3, 2020
Your question is broken up so it is not exactly clear what you are asking. However, if the two of you are exercising a different parenting time schedule than what was initially ordered, then you may want to consider requesting a modification from the court, to make the change official.
I want my child for half the year or even some of the year.
answered on Nov 3, 2020
That depends on a variety of circumstances (e.g. is there a court order in place? Where does the mother reside? How long has the child been in CO?). However, based on the information you've provided, I would say it is a safer bet to seek out the assistance of a Colorado attorney for... View More
We have joint custody but she's the primary
answered on Oct 29, 2020
She cannot see you from seeing your children if there is a court order that gives you the right to see them. If she is withholding them for an unjustified reason, you may want to consider taking her to court for contempt. You should speak with a family law attorney to get more information on your... View More
This is to set initial custody child support etc.
answered on Oct 20, 2020
You should consider contacting one of the lawyers on Justia to see if you can set up a brief consultation to review your matter. Having representation for a case like this can be very helpful. If you cannot find an attorney by the time of tomorrow's hearing, you can ask the court for a... View More
She will be in jail for about 2 and a half years, and has split custody with the child's father. Father will be caring for the child full time while mother is in jail, wondering what happens after she gets out of jail/what her rights will be during the whole process
answered on Sep 28, 2020
Not automatically. Either the father will need to file for a modification of custody, or DCS could intervene.
My boyfriend's son's mother has taken their child to indiana after a protective order and temporary custody was granted. It expired in April this year. She has had several CPS investigations. How can we go about getting his son back to him and obtain custody? We live in illinois they live... View More
answered on Sep 3, 2020
In Indiana, where there is no formal court order in place regarding custody, the mother has sole legal custody of the child and has authority to make decisions on their behalf. In order for your boyfriend to gain parenting time or decision-making rights, he will need to file a petition for custody... View More
I wish to relocate back to my home state. The father and I are not in agreement about co-parenting nor does he support it. He has a stretch of absences in her life that confuses me as to why he is so resistant. The child does not know him and cries upon his presence. Any relationship established... View More
answered on Sep 1, 2020
You will need to file a "notice of relocation" with the court. The father can object to the relocation and request a hearing. If that happens, the court will hold a hearing and make a determination based on what is in the best interests of your child. The court may consider a variety of... View More
In the state of Indiana I have sole physical and legal custody of my daughter my ex has visitation right we were never married and go by the Indiana visitation .. im looking at doing homeschooling instead of public schools do i need to get her permission to do this (she's not happy about the... View More
answered on Aug 10, 2020
If you have sole legal custody you have the sole right to make decisions on major issues for your child - including aspects of her education.
Father of minor child has filed with the court a petition to establish custody and parenting time as to minor child born out of wedlock. DNA has been confirmed that he is not the biological father. Minor child is 19 months old. Petitioner has established paternity, minor childs biological father... View More
answered on Jul 14, 2020
It is not clear from your information what question you are asking. Once a petition has been filed, the court will hold a hearing to make determinations on paternity, custody, and support. You will have a right to appear and present evidence and testimony regarding the issues that you discussed.
They have a one year old and are currently expecting another child. What happens if she doesn't leave him?
answered on Jul 13, 2020
Matters like this are largely left to the discretion of the judge, and are based on the somewhat ambiguous standard of the "best interests of the child." Because of the potential complexity, it would be highly advisable to sit down with an experienced family law attorney, and discuss the... View More
I'm trying to obtain a transcript or audio of these calls and have been informed Indiana law allows me to as they are public record.
Myex filed a protection order as part of divorce dissolution. 14 pictures of sunburn entered as evidence. Have the texts stating I put sunscreen on the kids several times. Just want to show that to the judge. Also is sunburn really enough to keep an active father from his children for almost a... View More
answered on Jun 29, 2020
If the text messages are communications between the parties to the case, you should be able to admit them with little trouble.
I have joint custody and am the noncustodial parent. Child support is all current no problems but the mother of my son is changing on her own the court ordered visitation time. She has withheld my son once now and will again. How do I get someone to enforce the court order we have so I get my... View More
answered on Jun 23, 2020
Based on the information provided in your question you can file contempt on her via the courts.
However, the property is in both of our names. Infidelity on his part has caused me to research my potential options going forward and I would like to discuss my legal options. We have two innocent children involved in this mess as well. We live with his parents in one county (the same one we were... View More
answered on Jun 19, 2020
The issues you raise are complex ones, and detailed answers would require a more in-depth review of your situation. It is possible, once a divorce is filed, to get through the process amicably and with little effect on the children. However, that largely depends on the respective postures of you... View More
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