Get free answers to your Child Custody legal questions from lawyers in your area.
I have a court order stating the defendant must pay $500.00 per month in child support and I have to bring my daughter back to New Jersey once a month for visitation purposes. It was a relocation case and I was honored the relocation to Florida under those circumstances. The defendant has not paid... View More 
answered on Mar 7, 2018
I understand you have a difficult situation and I’m sure it’s frustrating that you are obeying the court order and the other parent is not. However, yes, you must still follow the court order, even if the other party is not. If the other party is not following the court order than you can make... View More
Parents getting a divorce. 12 year old brother is without health insurance or medical care. Has multiple learning disabilities and severe ADHD but not under medical care. He is being held back in school for failure and is suspended multiple times a month. Parents are using him against each other to... View More
answered on Mar 6, 2018
Thank you for your question. I know how worried you must be about the custody and safety of your brother.
The short answer is to immediately contact an experienced family law lawyer. If you feel your brother is being neglected or abused there is a confidential 24 hotline where you can... View More
We have joint custody. If I can't take care of her then can I object her leaving her with a friend.
answered on Mar 6, 2018
Thank you for your question. I know how worried you must be about who will care for your daughter while her mother is on vacation.
The short answer is possibly. Specifically, more information is needed. Do you and your ex-wife mother share joint legal custody of your daughter? What... View More
When the child turns 18 and still in high school with a court ordered 50/50 parenting scheduled; can the child no longer follow the parenting schedule while still in high school. What happens to the child support that is being payed based on 50/50 and the child now making decisions like this.
answered on Mar 6, 2018
Thank you for your question. I know how worried you must be about the parenting time order for your child who is turning 18.
The short answer is that the parenting time and child support order can be changed if a court finds a significant change in circumstances. In New Jersey, in all... View More
As of now no one has custody of my daughter she lives with me her mother and New Jersey but I would like her to go to school in Virginia with her aunt her father is not involved at all what do I have to do to start the process and do you think I could have everything done by June
answered on Mar 6, 2018
Thank you for your question. I know how worried you must be about the custody of your daughter.
The short answer is that you and your daughter’s aunt need to file a complaint for custody of your daughter but service of the complaint needs to be made on her father. In New Jersey, in... View More
answered on Feb 28, 2018
Thank you for your question. I know how worried you must be about your child support case.
The short answer is possibly. Generally, the order must be vacated by a Judge in the county that entered the Court order. There are various processes and procedures in each county to... View More
I happened to catch about 30 mins on AUDIO. It's all in front of the baby. You can hear when she hits me the baby cries at that very moment. I ask her to stop hitting me. She also throws my phone at me and it hit the wall and put a hole in the wall. If I bring the audio to the police is that... View More
answered on Feb 28, 2018
Thank you for your question. I know how worried you must be about the custody of your child.
The short answer is to immediately contact an experienced family law lawyer. In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of... View More
answered on Feb 23, 2018
A judge can order a 50/50 parenting time schedule, which is a schedule for equal time between the parents. Do you have any more details that you can provide which you think would effect this kind of schedule?
For the most part our divorce has been amicable. But my 17 yr old feels more comfortable at my home as opposed to his mothers. I know when he turns 18 he can go wherever he chooses but for now he feels tied down and going back to his mothers is a burden on him. No abuse or anything, just not... View More
answered on Feb 26, 2018
It's always best to try to work out the issue directly with the other parent. If so, the terms of the new custodial agreement need to be made into a Consent Order and filed with the court. This way the terms will be enforceable if a future issue arises. It you are unable to obtain consent... View More
Going through a divorce I am a step parent of two boys their mother passed away 8 years ago I been raising them for 7 years do I have any rights ?
answered on Feb 21, 2018
Thank you for your question. I know how worried you must be about your step-children.
The short answer is possibly. In New Jersey, in all cases involving the custody of children, the court must always determine the best interests of the children. The court must apply several factors to... View More
They both live in the house, and are constantly arguing, my son filed with the courts when he found out she was planning to go to Ohio without his permission so they have papers saying the children cannot leave the state now, this has turned my daughter in law extremely angry, and has to wait... View More
answered on Feb 21, 2018
Thank you for your question. I know how worried you must be about the safety and well-being of your grandchildren.
The short answer is possibly. In New Jersey, in all cases involving the care and custody of children, the court must always determine the best interests of the children.... View More
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answered on Feb 20, 2018
Are you really serious? On Fantasy Island, that would not be possible, let alone in any state in the United States.
answered on Feb 19, 2018
Most likely they will not ask this unless it’s somehow relevant to custody.
Biological father is not in the picture, and he pays no child support
answered on Feb 18, 2018
Parental rights are never terminated lightly because it's a constitutional right. However, if you motion the court and show that (1) the biological parent has abandoned his parental obligations and (2) that the best interests of children would be promoted through adoption, then yes. It also... View More
Our court order states that I have to fly to NJ to pick up our kids and bring them back to Arizona with me for my visitation. The order states that she has to fly to Arizona to pick them up and go back to NJ. She says that she's not able to pick them up because of finances. So what will... View More
answered on Feb 18, 2018
You can file for sole custody...but whether your request is granted depends on many factors...such as how a change in custody will affect the children. Your ex-wife might decide to file for a modification of the parenting schedule and/or child support based on changed circumstances. Alternatively,... View More
answered on Feb 18, 2018
Any crime can be pardoned by the governor, but rarely happens, as for expungment more in information would be needed to determine your eligibility.
The father lives out of state (where I used to live). If he does show up for the birth, what custody is he automatically entitled to by signing the birth certificate? I want him in her life, I am just worried about non-supervised visitation with an infant.
answered on Feb 13, 2018
Thank you for your question. I know how worried you must be about custody of your unborn child.
The short answer is that more information is needed. Where will both parties be living? Are both parents fit? Will you be breastfeeding the baby? Are there siblings involved? What is the... View More
And I did a verbal agreement with him but we never settle visitation. How does that works? How many days in the week I have to let him come to my house
answered on Feb 13, 2018
Overnight visitations can take place for a child 6 months old. A verbal agreement is not valid, however. You need to get everything in writing and signed by both parties. The best way to go is to have an attorney write a court order with all the terms you agree on and then both of you sign and it... View More
He also wants to know my current address after 5yrs I'm I obligated to let him know. He also wants to change his visitation days too more. What are the chances he will receive it?
answered on Feb 12, 2018
It’s difficult to say whether he will get the increase in visitation and decrease in support without more details. Both changes involve consideration of a many details. It is possible what he requested will be granted depending on the details, but without more information it’s hard to give you... View More
My wife's mother had just died and she was struggling going through postpartum depression she gave up primary custody of her one-year-old to a friend. Now the friend is refusing to let my wife see her child and she wants to regain custody. How hard would it be for my wife to regain custody of... View More
answered on Feb 12, 2018
Thank you for your question.
If your wife’s friend does not agree to give back custody of her children, she will have to file a motion to modify same. There must be a change of circumstances to warrant a change in custody. Additionally, you must also show that it is in the child’s... View More
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