Get free answers to your Child Custody legal questions from lawyers in your area.
I asked my husband for a separation several times throughout the course of a yr he always told me no, we needed to work on it. He finally told me that he was NOT leaving the house (we rent) that if I wanted out I would have to leave. I couldn't take it anymore, so I finally packed up told our... View More 
answered on Jan 25, 2020
So sorry to hear of your situation. You need to file for custody. I would not worry about claims of abandonment as the law recognizes the need to separate.
Consult an experienced family law attorney to review your matter and address your concerns.
Papers say he has no contact with his son. He talks to him several times a week. And the mother. Is there any help for him as I am in Texas and do not have the resources to help him with legal aid. The papers also say he never contacts his son which is untrue.
answered on Jan 23, 2020
If he is in custody he cannot have visits with his child. It is unlikely a court would do anything other than award the other parent custody.
If she is seeking to terminate his parental rights that's another issue with many factors.
Consult a local experienced family law... View More
I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.
It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the... View More
answered on Jan 21, 2020
There are no forms for that. You need to hire a lawyer to draft the motion, which has to be based on the legal grounds that the Illinois order is invalid in Illinois, incorrect, or not the current order. So your NC lawyer would either need to consult with an Illinois lawyer (and get an opinion... View More
I kept her before for thinking he was drunk and was charged with contempt bc I could not prove it. I called police this time and he was arrested for dwi.
answered on Jan 19, 2020
Yes, you can take appropriate action to protect your child. You should consider filing a motion to modify custody given the current situation.
members, her daughter is not being well taken care of. Can the daughter legally decide who she wants to live with without her mother’s permission when she turns 13? Can I have guardianship or adopt her this way?
answered on Jan 18, 2020
No a 13 year old does not get to decide where she wants to live. Think about it... if that were the case she could live with a boyfriend. Getting guardianship, termination of parental rights and adoption or even custody of a child who has a biological parent requires proving to a court, by clear... View More
Sooo I’m 18 and my boyfriend is turning 17 I’m pregnant.. he lives in North Carolina where the legal age of consent is 16 now I have 3 questions: can we get in trouble?
Can a minor recognize a baby legally?
I live in France and my baby will need a non immigrant visa to see... View More
answered on Jan 16, 2020
Ok, that's a lot. No, there is no criminal exposure, you are correct the age of consent is 16.
Yes a minor can recognize his child legally, however he will need to have a guardian and listen appointed to him.
Yes he can provide a passport.
She has already lost her daycare assistance because she wasn't working. Now she has lost her subsidized housing and living with someone else. They said she had to get a job. Now she wants me to pay the full amount of daycare for our child because she cant afford to pay his and the other child.... View More
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answered on Jan 16, 2020
You are required to pay court ordered child support and that's it. What she may want is irrelevant. Besides - if she isn't working, she doesn't need day care.
He often withholds if he is working or not bc he and step mom say it isn’t my business. How can I (primary custody) enforce an order if I am not aware of he is lying. Often the girls are with their step mother and not him. He has every other weekend and Wednesdays if he isn’t working. He often... View More
No custody agreement wife normally keeps son with her but he stays with me during school breaks and weekends, recently found out ex wife hasnt had power in home since moving into home over a year ago, my son has to go next door to take baths (he doesnt get baths like hes supposed to) because the... View More
answered on Jan 12, 2020
Yes. Without a Court order each parent has a right to keep the child. If she cannot provide suitable housing at the moment, you need to look out for the best interest of your child. If she resolves her housing issue you should still seek formalization of the custody arrangement to prevent disputes... View More
I’m currently married. The baby is from another relationship I had. My husband and I don’t want the father involved his a risk no solid income and inconsistent living. And unsafe people around.
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answered on Jan 7, 2020
You can't - you'd have to wait until the child is born. At that time you will have full custody and your husband will be presumed to be the father and will be on the birth certificate (if that is what you want - the other option is for the birth certificate to say 'refused' -... View More
Order was first drafted but they stated case is currently closed I would like to give my mom custody of my nephew but I'm unsure on how to do that! Who's should I contact so that i may do the right thing legally
answered on Jan 5, 2020
An attorney would need to see the language of the Court Order, before giving you definitive advice. If the Order was entered in VA, then the VA court would need to modify that order. A case is not "closed" until the child turns 18 years old, so something is off here. It may be that... View More
The mother of the child refuses to let the father see their son because he does not want to be with her. It’s been 2years since he’s seen his son. The mother is married to someone else and does not want the father to know anything about their whereabouts. She told the father in order for him to... View More
answered on Dec 27, 2019
He needs to hire an experienced family law attorney in the jurisdiction where the child lives and take mom to court.
Father resident in alamance and child in Ashe but court in orange
answered on Dec 17, 2019
Venue is proper where either the mother, father, or child reside. If not filed there, then a change of venue can be made as of right.
Father was granted custody temporarily his name is the only one on the ex parte motion his girlfriend has no relation to child
answered on Dec 11, 2019
A parent who has custody is presumed to be making reasonable decisions for the child, which includes care arrangements. It would be your burden to establish that his caretaker is inappropriate or a danger to the child.
I have betrayed their trust before but that's becuase I want to independent and live with my dad like i've wanted since 13, I go to school and have a job, Could go i just to my dads or can my mom force me to go home even if i bring a cop with me
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answered on Dec 4, 2019
No cop who values their job will go with you at 17. Just wait it out until you are 18.
my dad and i have a good connection and I can't take the stress from my mom and step dad even though they help me a lot, I have wanted to be with my dad even though sometimes it's not the best place at times but thats where i want to be
answered on Dec 4, 2019
at 17 you have the ability to have input on your custody, however no one can change the Court order but the Court unless the parents agree. Your father can file a motion to modify custody. To prevail he will need to show that there has been a substantial change of circumstances and that changing... View More
are no longer together. She is seeking child support. Could the $900 be considered part of child support when they do the calculation?
I pay for before/after school day care. His medical insurance and life. I pay 300 for tutoring. At the present time I give him $200 a month spending change... View More
answered on Dec 3, 2019
No, sorry. Since you have no legal obligation to the support a child after your death, it cannot be considered child support.
Family court dismissed the order against me. But my son's father still refuses to let me have my son. My son is being neglected And possibly abused because his father is a alcoholic. How can I get my son back.
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answered on Nov 27, 2019
If there is no order currently in place, he has as much right to the child as you do so he can refuse to let you get the child (although that will make him look bad in future court hearings if he does not have proper cause for the refusal). So you need to get a custody order of your own if you... View More
She doesn't have a place to live, she smokes weed, and had another man in our home while the kids were there. She calls me names in front of the kids and yells at them all of time. I am trying to get custody and the grandmother said she would drive here to take care of them is that an option?
answered on Nov 25, 2019
These are all issues and facts if proven are factors for the Court to consider in the best interest of the children. A parent not working is not a big factor as it is hard to relate to how that would effect the children, and in fact may be a positive for mom if it provides her more time to be... View More
He has had 4 different jobs since weve been separated (4 years) and his current job schedule at the railroad has changed 3x the last year. I don't want to split custody until he has a set schedule, is this a reasonable reason to get a lawyer, or is there a big chance I may be wasting my time.
answered on Nov 23, 2019
It is possible for him to get 50/50. He would need to notify you of his schedule, as soon as he gets it, and if you were willing to work with him on some flexibility, it could work. There are many factors which would go into deciding whether 50/50 is in your child(ren)'s best interest, other... View More
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