Get free answers to your Child Custody legal questions from lawyers in your area.
answered on Oct 28, 2021
The court determines matters of custody based on whatever they feel is in the child's best interest under the totality of the circumstances. The father not being involved in the child's life for eight years would certainly be one factor a judge would weigh, but doesn't guarantee anything.
answered on Oct 10, 2021
Yes, you can send them interrogatories (questions), requests for admission, and requests for production without having a lawyer. Essentially, you are your own lawyer.
We have 3 kids together. He wants to get them every other weekend and split holidays but he doesn’t have a license so I’m not sure what to do about him getting the kids.
answered on Oct 10, 2021
You have two options to formalize your custody agreement. One is a custody agreement contract. The other is a consent order from the court. Every divorce, even if no disputes are litigated, is technically a lawsuit. You'd have to start the lawsuit first (read lots of formal legal paperwork),... View More 
I am in the military, and I want to adop my 15 year old brother. He lives with my stepfather and my mother lives in mexIco. I’m stationed in NC and my brother lives in California. How can I adopt him so I could bring him to live with me.
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answered on Jun 19, 2021
The adoption process is a state law issue and if he currently lives in California then you will need to speak with a family law attorney there. Adoption may not even be necessary, depending on the purpose of the adoption. You may able to just have a custody order. You should also research what... View More
I know you have to live apart for a year to file for a divorce and live apart to file for custody of children. I’ve been trying for over a year to find someplace to move to, but because of the size of my family no one wants to rent to us, so I’m trying to buy a house but because I’m still... View More
answered on Apr 22, 2021
You can buy a house in your name only, your marital status has nothing to do with it. A bank may not lend you money without your spouse joining but that is completely up to the bank.
answered on Mar 17, 2021
Assuming there is no custody case that has already been filed, you would need to file for custody in the jurisdiction where the children have lived for the past six (6) months.
Father filed for child custody and support. We’ve had 50/50 since. Can I file motion for discovery to see what his plan of attack is going to be? I can’t seem to find the form.
answered on Mar 17, 2021
Yes, you can file discovery requests to seek relevant information to the case. However, there is no "form" for discovery requests, so it is something you will have to generate yourself (or more likely - pay an attorney to generate).
My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?
answered on Mar 5, 2021
If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... View More
I moved to NC he decides to take me to court for custody. He gives them my old Philadelphia address not my NC address. Can he take custody? And because he lied and gave an old address knowing my new address is that grounds to move my case to NC?
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answered on Feb 6, 2021
If the children are with you in NC and have been here for at least six months - jurisdiction is likely here in NC unless another court retained jurisdiction. If the father sued for custody in NC but gave an old Philadelphia address for you there would be no benefit to doing that because you... View More
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answered on Feb 2, 2021
Depends. Assuming there are currently no Court Orders or enforceable agreements to the contrary, the ex can pretty much move anywhere in state without your consent but doing so over your express objection would likely make her look bad if you took her to Court over it unless she has a very... View More
My daughter just went through a divorce in Oct. from a very violent & abusive husband in which her 2 boys live with him. Shortly after the divorce he no longer let her see or talk to the boys & in Dec. she was served with custody papers. She tried to get help from legal aid because she... View More
answered on Feb 2, 2021
The 30 day window to respond is more relevant in other types of lawsuits. For a custody hearing, the court will still need to have a hearing and hear evidence as to the custodial schedule that is in the children's best interests. From what you've said of your daughter, she will need to... View More
My youngest is 11. He is having mental health issues and openly says he NEEDS to come home. Their stepmom is treating them badly as well. Dad is refusing. Both sides of the family feel this is best. Should I call his command? Is my son old enough to represent himself?
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answered on Feb 1, 2021
Your son is a child and will have zero say in terms of representing himself - although it is possible a Judge may want to hear from him and may give his preference some very minor consideration. Your ex's command has zero authority in this matter and they likely would not get involved in this... View More
I have primary physical. But a while back my child’s father said he didn’t have any passwords or anything to daughters social media accounts. At first I was like why would I give him the passwords when we usually use the same ones for my accounts? But now he’s filed a modifying the order in... View More
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answered on Feb 1, 2021
Yes, if he requested them, you likely should have given them to him unless you have some compelling and legitimate reason not to and no your daughter's privacy or the fact that you share the same passwords is not a good reason. Which means you and your daughter should not share the same... View More
Im currently thinking about divorcing my husband but I’m worried that if I do he will take back his permission to move back to Germany with our son like he and I agreed on I don’t have anything in written or notarized but I’m kinda curious what rights I have and what would be important to... View More
answered on Jan 21, 2021
In North Carolina, spousal and custody agreements have to be in writing and notarized. For custody matters, the court can ignore any agreement you make regarding custody if they feel that's in the best interests of the child. Typically, you also have to disclose all material facts (like your... View More
Mooresville, NC location. Couple has one son together, 13 years old. They own a home in husband's name. She owns her own business. They have 2 dogs and 2 cars.
answered on Jan 21, 2021
I'm not clear what the question is. There are some pro bono programs for domestic abuse victims. They usually focus on restraining orders and the like, rather than property and divorce. They also usually have more cases than they have resources to handle.
She has lived with us since she was 4 months old and we have had custody of her since about 2 years old. We are the only parents that she has really. I am told that in NC she is considered a legal ward and at the age of 18 I can no longer carry her on my insurance. Is this true?
answered on Jan 17, 2021
You cannot carry her on your insurance unless she is your legal dependent. If you haven't been claiming her on your taxes as your dependent, I don't believe you can cover her. Check with your insurance agent to be sure.
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answered on Jan 13, 2021
The short answer is - no. In order for a child to be adopted, your parental rights would need to be terminated. The best chance of you getting your child back is if this process is not yet complete and you hire an attorney. Best of luck.
He had been getting 100% military disability before they married.
answered on Jan 4, 2021
No. By federal law is not divisible or an asset of the marriage to be divided. However, the income can be used in calculating child support in most states.
My ex husband and I had a written agreement that he will be claiming our 2 older kids and I’ll be claiming the 2 little ones.that’s was my only option at that time (3 years ago) since I didn’t have and Attorny and couldn’t afford to have one. He only pay court order child support. He... View More
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answered on Jan 4, 2021
It depends on whether the agreement was properly drafted and executed and whether it was incorporated into your divorce judgment. Typically, you likely will not be able to change it. Even if you could change, it you'd likely need some grounds to do so which based on the facts in your... View More
My child works full time, is currently 17 years old, and I've been paying support for him his whole life. His mother and I separated when he was 2. We have a great relationship and will continue to but as he gets older he looks just like my former best friend. I will continue to be apart of... View More
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answered on Dec 27, 2020
The only legitimate reason to do at DNA test now at this incredibly late date would be simply to know the truth. If the child is 17 and you plan to be a part of the child's life regardless of the result, then logically speaking, doing a DNA test now is likely a bad idea and just a waste of... View More
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