Get free answers to your Child Custody legal questions from lawyers in your area.
I claimed her because she's 18 and lives with me full time since June and half time before then. That's 91/2 months of the year. I interpreted that as she is no longer eligible for her to claim on taxes, but she's eligible for me to claim. Am I wrong, she is threatening to go to court.
answered on Mar 18, 2022
It really depends on the wording of your decree. The IRS has its own rules about which parent can claim the children on their taxes and they often don't care what a decree says. However, and this is very important, a divorce decree is an enforceable court order and disobeying it can put you in... View More 
answered on Mar 12, 2022
Yes. If she is the custodian due to a guardianship then she has authority over you.
he is witholding contact, contact info and concealing the location of my children
answered on Mar 4, 2022
Sorry for your misfortune in regards to your house. If that is the only thing in your case and there are not other circumstances then you should file a motion to enforce. Contact a family law attorney to assist you with this for best results.
Her father has agreed. He is in prison and mother is on drugs. I live in Oklahoma now but got custody of her in North Carolina. Where would I start the process?
answered on Mar 2, 2022
Based on the limited facts, you may be able to file here however you need to have an attorney look at the facts of your case.
Non custodial is behind in child support but is making payments. The visitation is court ordered and is not being denied by non custodial but not being followed by custodial due to no communication at all for the last 4 years, despite non custodial and family reaching out.
answered on Feb 22, 2022
From the limited information your best bet is to contact a family law attorney for a motion to enforce. However without fully researching the facts of your case this is a general recommendation.
I need more time because DHS is wanting to take custody of her. The DHS worker has mentioned my mom to take temporary guardianship. If I sign temporary guardianship to my mom will DHS drop the case
answered on Feb 13, 2022
DHS may or may not drop the case. However, by your parents obtaining guardianship would allow the DHS worker to let your child remain in the care of a family member and not go into foster care in the event DHS stipulates you having to correct some items. If you feel there is validity to the... View More
The father doesn't visit, in the last 2 years has visited 3 times. And is threatening court.
answered on Feb 11, 2022
You need to look at the visitation schedule to see what the court ordered. I have never seen a judge disallow phone calls from a parent.
He got an online DNA test kit after I moved from Missouri to Illinois, and he found out she is his after I moved to Illinois. He still doesn't know I moved, and hes been making threats to try and take me to court to get full custody of her. The courts have no reason to Grant him full custody,... View More
My ex husband is neglectful and abusive to our daughter and he's alienated me from my daughter for years. I had no money to get an attorney to enforce the order. Now I an trying to either enter pro se or possibly get an OAR attorney which is done on the sliding scale. I have reported to dHs... View More
answered on Dec 22, 2021
While I can respect your position you need to contact an attorney to assist you with this because this is not something you want to try to do alone. If money is an issue then you may want to contact free legal aid and see if they can help first, but they have a busy workload. Short of that just... View More
& does that mean that the person gettong child support for said children could come get my kids from me at any time even tho they are currently enrolled in school where we live (in a different state) plus i have medical etc etc for them
answered on Nov 28, 2021
You should file to modify custody and ask the Court to make you the custodial parent with visitation to the other parent. You need a court order that says you are the custodial parent.
answered on Nov 11, 2021
ICWA applies to all "Federally Recognized Tribes" -- I am not an expert in Native American tribes (therefore you should consult someone who has extensive knowledge on the tribal recognition), but it is my understanding that Western Cherokee Tribe of AR and Missouri are NOT recognized as a... View More
I was about to file for contempt of court and see if I could get the order dismissed and some custody. Do I have to let him do his visitations again? He’s done this multiple times where he’ll call for a month or two and stop because he’s mad that I won’t give him money even though he’s... View More
answered on Nov 11, 2021
If there is a court order that is granting him visitation, then you have to allow him the opportunity to follow that. If he chooses to not visit, that is his choice, but you cannot violate the court order. You can still file a motion to modify visitation and enforcement of child support, but in... View More
answered on Oct 31, 2021
This would be an issue the parents would need to address.
For 9 years I have had custody of my son. I have made all major decisions regarding education and how he is raised. He has lived with me and been financially supported by me since his father has never paid child support nor have we gone to court to establish custody. We were never married or in any... View More
answered on Oct 20, 2021
If you have never been to court, there would not be any court documents stating that you have custody. However, since you were not married, you would be considered the custodial parent by statute. I published a Blog Article that explains custody of children born to parents who are not married.... View More
answered on Oct 18, 2021
There should be language to define that. Additionally if one was filed later than the other then that usually supersedes (that is if it came later as in months not minutes/hours). You should seek a family law attorney to assist you with your issues as they can often turn quickly if you are not... View More
After her death I received some legal papers from an attorney explaining that she had passed away and that our minor child wanted to live with his older step brother. Having had no contact or relationship with the child for 16 of his 17 years I consented to his request only to find out later that... View More
answered on Oct 5, 2021
If the custodial parent has died and the child is still a minor then you owe the child support arrears to the person who has guardianship over the child or if the child has received benefits from DHS due to your nonpayment of child support you may owe DHS.
If the child is now an adult and... View More
My ex and I live in different states. We both agreed to divorce and me taking full custody on our minor child. He showed up to court. I did my part. I watched the videos and took the co parenting class and he was supposed to do the same. Now he doesnt want to participate. what is the next step to... View More
answered on Sep 30, 2021
It sounds like an uncontested divorce that is now contested. You probably need to get a summons issued and get him served unless he has already signed a waiver of the summons. After service of the summons you can file a motion for default if he doesn't respond. You need the services of an... View More
Am wondering if he could take him away from me if he leaves for a week
answered on Sep 23, 2021
It depends on if you are the biological or adoptive parent of the child. You would of course have rights to your own child. You would not have rights to someone else's child.
Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... View More
answered on Sep 16, 2021
You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.
i get thretend and im not loved as much asi would like and i dont get treated right.
answered on Sep 15, 2021
Children (minors) cannot just be given away legally, more specifically the parental rights still remain with the parent. There are legal avenues that can be taken.
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