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COVID-19 Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My ex was tested for covid our son is suppose to be with him this weekend. Can I keep him if his results aren't back

If the results are negative I will gladly send him there but if they aren't back or are positive can I get in trouble for keeping him home when it is his weekend. He insists that he is pick him up regardless. I have already had him my weekend this month so I can't just trade weekends with him

Elizabeth Pugliese
Elizabeth Pugliese
answered on Nov 26, 2020

Tallk to your ex. See if you can switch weekends or make it up later. You have to follow the court order but you can work out an arrangement if you both agree.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: If there's a court order can a parent deny visitation because she's worried about covid?

Mom from Arkansas is saying she's worried about covid so she will not bring minor child to meet dad from NC in TN for Christmas break. There are court orders for visitation for summer and Christmas. Child was with dad this past summer.

Amanda Bowden Johnson
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answered on Nov 23, 2020

Worried in general - likely not and if she does deny visitation on that basis alone, you can likely have her popped pretty hard for it depending on the terms of the Order. Worried because you or someone in your immediate family you reside with has Covid or there are travel bans or some other... View More

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Nevada on
Q: I was granted temp custody in a tpo case in california. No other custody order was made and nevada became kids resident

I allowed extrnded visitation due to covid and to avoid stress on kids. Husband doesnt allow constant contact now and a child support lawsuit had been filed against me. What do i do? Do i file here in nevada or there in california?

Janice Jacovino
Janice Jacovino
answered on Nov 18, 2020

Where to file depends a few factors.

- If you already have an open case then file where you have the open case.

- If you had a prior case that decided custody then you will either need to file in that state or file to domesticate/register your prior order in the new state. Once...
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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: How long is the process to petition the court to move out of state if I have joint custody?

I have physical custody and he has her every other weekend and a couple weeks in the summer. He told me he will not allow me to move. Financially this is best for me and educationally right now is best for her.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 3, 2020

Subject to the court's availability during COVID 19, a hearing in most relocation cases can usually be heard within 3-5 months of when Father files his objection to the move. Often, the objection is accompanied by a motion to change custody and/or parenting time. The process usually begins... View More

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Do I have enough to ask for full custody?

My question has been answered. Thank you!

Sharita Blacknall
Sharita Blacknall
answered on Oct 18, 2020

You guys should probably sit down and have a rational conversation about a schedule that would be less stressful for him. If you guys come to an agreement, you can hire an attorney to turn your agreement into a legally binding court order.

If you guys cannot come to an agreement you can...
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2 Answers | Asked in Divorce, Family Law and Child Custody for New York on
Q: Visitation visit from California parent refuses to prove quarantined or in ny 14 days prior can parent withhold visit?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 8, 2020

The order of visitation is a court order that needs to be followed. If you don't follow it then you are in contempt. Try working this out with the other parent. See if they will agree to a test here in NY for the virus.

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1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: how long does a devorce usually take if the only issue is visitation of a child and the average cost
Joseph Jaap
Joseph Jaap
answered on Sep 8, 2020

The court filing fee is about $300 to 400. If an investigation is required to determine parenting issues, then several hundred more. Legal fees for an attorney could be from a thousand, to many thousand, depending on what happens. The process takes at least a few months, and can take up to a... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: if the parents were never married and theres no court order but he's on the birth certificate who makes major decisions?

I recently told the kids father that now that school is starting back they need to be home during the week for school and tutoring and he can spend time every weekend. Well he doesnt agree with my decision and I fear he wont bring them home because of my decision. Never been to court for anything... View More

David Nachman Byer
David Nachman Byer
answered on Aug 30, 2020

If your former partner is on the birth certificate he is legally presumed in the absence of a challenge to be the child’s father. You both have a theoretical right of equal status to choose how to parent (such as deciding what times the child will be with which of you and the making of any... View More

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: I have 50/50 parental custody with my ex spouse she wants my son to go back to day care Monday I dont think thats a good
Bonnie M Lonardo
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Bonnie M Lonardo
answered on Aug 25, 2020

This situation is a matter of legal custody. While the parents may have 50/50 physical custody and spend equal physical time with the child, when it comes to this type of decision making for the child, these are aspects of legal custody. If the parents have 50/50 legal custody, then any decision... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Is it possible to modify child support\spousal maintenance on my own? I lost my job due to Covid-19

The spousal maintenance is "non-modifiable", I have paid 11 out of the 24 required months. The Child support does not mention whether it is modifiable or not.

Mike Branum
Mike Branum
answered on Aug 25, 2020

While it is possible, your focus, at this point, should be on regaining employment. Your unemployment is, or at least should not be, a permanent change in your financial situation. Once you are again employed, you can input your new income figures into the child support calculator to determine if... View More

1 Answer | Asked in Child Custody, Child Support and Health Care Law for Michigan on
Q: Will my ex be responsible for my child’s health care?

My ex and I just had a baby. I Found out five weeks before the baby was born that he was still married. And instead of him working from home he is actually a stay at home dad. I live in the state of Michigan and was already told by the child support division that he would be imputed at minimum wage... View More

Brent T. Geers
Brent T. Geers
answered on Aug 17, 2020

Yes, medical coverage will be a part of the child support order. At a minimum, your ex will be responsible to the state for reimbursement of birth expenses. And so long as he (or you) have access to private insurance, one of you will be required to keep the child covered.

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Massachusetts on
Q: Do I need to attend the meeting before the pretrial conference? MA probate.

Custody battle. I am filing on terms of parental alienation, emotional and physiological abuse. There's a pre trial conference but the other parties lawyer emailed me stating the court requires a meeting beforehand. I don't feel comfortable speaking in this meeting with just myself and... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 11, 2020

If there are no abuse protection restraining orders in place pre-pandemic there was a face to face 4 way meeting required for the parties and their counsel to attend in person sufficiently prior to the Pretrial Conference hearing date to attempt resolution or at least discussion to determine... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex is threatening to get my daughter taken from me because I allowed him to see her after courts said not to.

In 2012 my daughter was taken into foster care because my ex was abusive to me. They said if I can't protect myself I can't protect her. I was eventually reunified after doing victim's classes, parenting classes ect. He did nothing, so was never reunified. He went to prison shortly... View More

B. Elaine Jones
B. Elaine Jones
answered on Aug 10, 2020

Your ex is most likely taking you to court in the family law division. The Court that entered the Order reuniting you and your daughter and denying your ex contact with you daughter was the dependency court. That case is most likely closed at this point. While it was not a good idea for you to... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: The other parent is trying to say I need to drop of my child at her house for school because she feels

He wouldn’t get the help here can she do that

Mike Branum
Mike Branum
answered on Aug 2, 2020

These are unprecedented times. We have never seen school closures like this before. My best advice is to try to peacefully resolve this. You, your ex, your son: you all have a lot more stress in your daily lives due to the panic over this virus. Why add to it? You should both be engaged in his... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have main custody tho its joint custody our child is 2 the mother barley calls him when she haves 3 times atleast a

D

V. Joy Edwards
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answered on Jul 31, 2020

Very difficult. Terminating another parent’s rights is not something the Judges do often unless it’s in regards to an adoption. It would be easier getting an order to limit her visitation.

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1 Answer | Asked in Child Custody for Colorado on
Q: How do i get emergency contempt of court for daycare/school quickly?

Inshare parenting time 50/50 with my co parent. Literally final orders happened last week. We have a school age child with medical issues, specifically respiratory issues. The final orders state they remain in the same daycare my daughter has been in for 6 years. With Covid the daycare states they... View More

Sabra M. Janko
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answered on Jul 31, 2020

You can file a motion for contempt or to enforce, however he can also file for a modification of child support if he can not pay. He would have to show a substantial and continuing change in his income. Being laid off may not establish that. You could ask to have income imputed to him and ask him... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can anyone help me with legal advice for child custody concern because of covid and school?

My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... View More

Cheryl Powell
Cheryl Powell
answered on Jul 21, 2020

If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: How hard is it to get full custody as a dad?

The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... View More

George W. Svoboda
George W. Svoboda
answered on Jul 21, 2020

Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please... View More

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1 Answer | Asked in Child Custody for Massachusetts on
Q: Can i request That my child’s father gets tested for COVID?

I have Full custody and he was supposed to pick up my daughter today for the weekend. This morning i found Out that he’s been in an Airbnb out of state with 11 other people, no mask no protection. I live With both my parents who are older above 60 with a lot of heath issues. They are both high... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 17, 2020

How do you have this information? Is it in written form? A text or email? If so, you should respond in writing to him- text or email about your legitimate concerns for your child and your household's health and that you urge him to reconsider taking the child for the next 2 weeks while he... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Massachusetts on
Q: What are my options at virtual mediation? Child wants to stay with me and it is much safer here anyway.

High-conflict divorce and custody dispute, with ex having a lifelong history of mental illness diagnoses and treatments. Divorce and custody arrangement finalized in a previous state of residence where she still resides. Child is currently with me in MA and has been since the start of the pandemic.... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 16, 2020

Because the child has not been living in Massachusetts for at least 6 months, our Probate Courts do not yet have jurisdiction over custody and visitation as the former state of residence still is the home state until then. However, if there is a safety concern about the child going to the other... View More

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