Get free answers to your Child Custody legal questions from lawyers in your area.
My parents hired a lawyer & filed emergency custody of my children b/c one of my exes lied & said I abandoned them with him b/c he got in a fight w/my son [14] (note, he is not the bio dad, but offered for them to stay with him for a weekend til I got moved into a new place). I have had... View More 
answered on Aug 26, 2018
This depends on large part on what the emergency custody orders say, particularly with regard to visitation. If this is a youth court matter, then the goal is reunification of the family. If, however, it is in chancery court, then you face an even harder battle. Your best bet is going to be to... View More
My wife and I were granted durable physical and legal custody of our grandson after 13 months during which the father died of an overdose and the mother failed the courts instruction in every way. There was no visitian granted but parental rights were not terminated. What rights does the parent... View More
answered on Aug 1, 2018
It really depends on what your endgame is. If you want custody over your grandson, then you will need to petition the chancery court, and show that it is in your grandson's best interest that you be granted custody. I'm assuming, though, that this is a youth court matter, which has quite... View More
I agreed out of court to supervised visitation. It's been 8 months and I want 50/50 and unsupervised. What are my chances?
answered on Aug 1, 2018
Well... as to the custody part, it is incredibly hard to modify custody, as it depends on whether there has been a material change in circumstances that negatively impacts the child, and whether the judge would believe that it would be in the child's best interest to modify custody. As to the... View More
The child's mother has refused the father visitation rights many many times over the last 15 years and has given her son to his father and now is threatening to take the son if the father does not pay her $50 a week to keep their son
answered on Aug 1, 2018
No. With the way that child support works, it follows the child wherever the child lives. Your husband's best bet is going to be to get with an attorney to modify custody, as well as child support, siting the fact that the child now lives with his father and that the mother is threatening to... View More
She Didn't take my last name. I want the baby to have my last name. Do I have rights? Do I have a say so?
answered on Jul 19, 2018
Since the child is yours and born of the marriage, the child's name legally must be your name.
My step daughter wants to move from her mother's to our home in Wisconsin.
We have 3 kids 18,12,7. I’ve have him on child support but he don’t pay it. How can I get soul custody of my younger daughters. He’s beat and choke me in front my yougers daughters and his mother has beat on me too. He’s let the oldest daughter friend being heroin needles and heroin to... View More
answered on Jul 8, 2018
Based on the facts as you've told them, you have several grounds for a divorce. Feel free to reach out to any attorney on this forum, as most of us are happy to provide a free consultation to discuss your case, and advise you accordingly.
I also have another of this same women children ive been had her 8 years she don't want her but won't sign her over
answered on Jul 8, 2018
Your best bet is going to be to sue for custody over the minor children. Assuming that you do so, the judge is going to determine what is in the best interest of the children, and look to various factors when considering who should ultimately have custody over the minor children. Feel free to reach... View More
My son has a 9 yr old daughter who was living in Westland, MI with her mom and mom's boyfriend. Sadly, the mom died from a heroin overdose and said child is living with boyfriend, or his sister or his mom, we are not really sure where she is or who exactly she is living with and we are deeply... View More
answered on Jun 19, 2018
If the custodial parent passes away, then the non-custodial parent should be able to petition the court for custody over the minor child. Was there ever a child custody order entered into in Mississippi?
The felonies are over 10 years ago.
answered on Jun 1, 2018
At this juncture, not a whole lot. In order for there to be a modification of custody, there has to be a material change of circumstances that negatively impacts the child, and even then, the judge has to review several factors to make such a determination. In your situation, you shouldn't... View More
The minor child is 11 and in my opinion is mentally sound to make a decision about who she wants to reside with
answered on May 28, 2018
Unfortunately, a child's opinion carries no weight until she reaches 12 years old. Even then, in order to modify custody, you have to establish that there has been a material change in circumstances that negatively impacts the child. As far the physical custody aspect is concerned, the same is... View More
Boyfriend. The baby is due in November. Does my son have any rights in Mississippi?
answered on May 16, 2018
He has rights if he establishes that the child is his. Mississippi law presumes that a child born during a marriage, even if conceived before the marriage, is considered a product of that marriage. His best bet is going to be to get with an attorney to initiate a paternity action.
My nephews mom is is jail for drugs and violation on probation
answered on May 11, 2018
If you are raising your nephew, then you may have solid grounds to obtain custody over him, particularly if the mother is in jail and the father is not maintaining an active presence in his life. That being said, your best bet would be to contact an attorney to discuss the circumstances in which... View More
By the time i found out i had recently gotten married and had another daughter and moved into my own home with a new job.
I now have 2 kids and a son on the way and havent seen my other child in 2 years.
I havent been put on the childs birth certificate or had child support instated.
answered on May 9, 2018
Glad to see another Cleveland person in this! First and foremost, I'd be curious to know whether there has ever been a court order acknowledging you as the father. Unless you've held yourself out to be the father, or a judge has determined that you are the father, then you do not... View More
I won sole legal and physical custody of my daughter last year after a 7 months custody battle. My mom watches her because i was training with the army. Now her mom and Mom side of the family is trying to take me to court to take her from me because i told them i am moving because i have a better... View More
answered on May 4, 2018
In order to modify custody, she would need to establish that there has been a material change in circumstances that negatively impacts the child, which is a very heavy burden. That being said, in the right circumstances, moving from one place to another, even if for another job, can sometimes be... View More
answered on Apr 10, 2018
Without more information, it is rather difficult to answer this question. What were the circumstances of you having custody? Was there an order ever issued allowing the father to have some sort of visitation? If so, what were the provisions explained in that order?
Last August my ex wife and I filed papers to have physical custody of my 15 year old son given to me. He is a troubled teen and that's the reason he came to live with me. She doesn't agree with how I parent him, I work offshore 2 weeks on 2 weeks off and she wants to use this against... View More
answered on Apr 5, 2018
In order to prevail on a custody modification, she will have to prove that there has been a material change in circumstances that negatively impacts the child, which is a particularly high standard. During any litigation involving this, the judge will first determine whether that standard has been... View More
My wife signed papers to let our daughter go to school at her mom's well now she thinks that she has custody of our daughter and the police will not give her back to us I don't have mny for a lawyer and the paperwork is way outta date can I do anything to get my daughter back
answered on Apr 4, 2018
You may be able to petition the court to ensure that your daughter is returned to you. Typically, guardianships are temporary, and may terminated at any time by the party who authorized the guardianship. Your best bet would be to gather any and all necessary legal documents related to the... View More
I am just wondering if there is a time limit that grandparents have before they can try for visitation? She has blocked all communication with them.
answered on Apr 2, 2018
The sooner your father acts, the better. In Mississippi, grandparents do not necessarily have visitation rights with their grandchildren, unless very particular circumstances are met. With your brother having passed away, that opens the door to allow grandparents' visitation; however, your... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
