Get free answers to your Child Custody legal questions from lawyers in your area.
In Tennessee, three children ages 7, 8, and 9 were left alone for 45 minutes to an hour without access to a working phone or nearby trusted neighbors. One of the children has behavioral issues. I'm concerned about the safety of my child when at the other parent's home. Could you provide... View More 
answered on Jun 26, 2025
This answer is probably not satisfying, but it really depends on the facts of the underlying case. If this is an isolated incident, I could see a judge finding this behavior as acceptable given the ages of the children. If this is the pattern and practice of the custodial parent (or whomever is... View More
I have been married for 11 years without a prenuptial agreement, and have health problems that prevent me from working but I have taken care of our child. In our divorce, what legal rights do I have regarding primary custody of our child, as well as securing the car I drive and a place to live,... View More
answered on Jun 25, 2025
Under Georgia law, both you and your husband have equal rights to your children. In most cases, one parent is given primary custody and the other is given visitation time. In some cases, time is split between the two parents but judges are not as likely to award this unless parents can get along... View More
I need guidance on obtaining a child support modification in New York. I am current with my payments, paying arrears, and I cover medical insurance for my child. A support representative informed me that I've been overpaying since 2023, and my healthcare contributions should not incur an extra... View More
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answered on Jun 26, 2025
It sounds like you are doing your best to meet your child support obligations while also trying to manage your own financial stability. Situations involving overpayments and miscalculations in the child support system can be frustrating and difficult to resolve without clear legal guidance.... View More
In New Jersey, what do I need to move out of state with my children while my divorce is still pending? There is an existing parenting plan, but it's not yet finalized. The father has verbally agreed to allow me to move due to opportunities and a lower cost of living. However, there is no... View More
answered on Jun 25, 2025
The law in New Jersey changed radically a few years back concerning relocation by a primary custodial parent if the other parent objects. Under the new law, it's much tougher to relocate with the children since the focus is on the nature and quality of the relationship between the other parent... View More
In a joint custody case originating from Tennessee, both parties now reside in different counties in Georgia. An ex parte order was issued to alter the custody of two children, granting supervised visitation to the other parent on two weekends instead of alternating weeks as previously agreed. What... View More
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answered on Jun 24, 2025
The ex parte hearing is an emergency style hearing and so is the ex parte order. Once the parties are scheduled for a full hearing on the merits of the case, make sure to bring all evidence to support your case along with evidence opposing the false information your ex provided at the ex parte... View More
My husband and I aren't legally separated or divorced yet, but we have different addresses. Our two kids stay with me 4 days a week and with him 3 days a week. There is no existing custody agreement or court order. When I asked my husband for his new address, he hung up on me and ignored my... View More
answered on Jun 20, 2025
No, it's not kidnapping because both of you have equal parental rights. If you anticipate that there may be problems developing, you may want to consider speaking with an attorney about filing a petition for the court to determine custody, so that there will be an enforceable judgment. The... View More
I am 16 years old and my mom and stepdad are about to divorce. Although my stepdad, who has been a father figure for 8 years, hasn't adopted me legally, I want to live with him. My biological father is not involved in my life. My mom, an alcoholic with past CPS cases, drives drunk, has... View More
answered on Jun 20, 2025
I am sorry to hear that you and your sibkings are going through this. Given that your Step-dad has had substantial past contact with you and your siblings, and the concerns that you've expressed about your Mother, there is probably a greater than 50% chance that a Judge "could" grant... View More
I am 16 years old and my mom and stepdad are about to divorce. Although my stepdad, who has been a father figure for 8 years, hasn't adopted me legally, I want to live with him. My biological father is not involved in my life. My mom, an alcoholic with past CPS cases, drives drunk, has... View More
answered on Jun 20, 2025
Every case turns on its own unique set of facts and circumstances. Normally, it would be unlikely that you will be allowed to live with your stepdad without your mom's consent unless there is an open CPS investigation of abuse or neglect by your mom. Under Texas law, there is a strong... View More
I was in a 12+ year relationship and we have two children, aged 12 and 10, but never married. I left the relationship while the father was in jail, and there were no legal custody agreements set in place. Since then, the kids have been living with me in my apartment, and the father has a past of... View More
answered on Jun 20, 2025
No, he would automatically get custody of either children upon release from prison. A Judge will have to determine what is in the children's (or child's) best interest. The Judge will consider a number of factors when making this determination. A couple of them being 1) what was he... View More
I was in a 12+ year relationship and we have two children, aged 12 and 10, but never married. I left the relationship while the father was in jail, and there were no legal custody agreements set in place. Since then, the kids have been living with me in my apartment, and the father has a past of... View More
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answered on Jun 20, 2025
If you were never married, and there are no current Orders in place adjudicating him as the father, and establishing conservatorship, rights and duties, possession and access, and child support, then no he does not automatically get out of jail and "get custody" unless you give the kids... View More
I recently separated from my ex-girlfriend, with whom I have a daughter. About a month ago, she had a physical altercation with my mother while my mother was holding our child. Since then, my ex quit her job and has been staying with various relatives. Recently, she left our child with me under the... View More
answered on Jun 19, 2025
I am assuming you and your daughter have lived in Ohio for the past 6 months and have lived in the same county for the past 90 days.
Based on that assumption you need the file a motion to establish parental rights and responsibilities. Hopefully, you were listed as the father on the birth... View More
I have joint legal and physical custody with a 2-2-3 schedule, where my custody days are Mondays and Tuesdays, with the children returning to their dad on Wednesdays. Our agreement allows each parent to take 2-week vacation blocks with one week prior notification, and to inform the other parent of... View More
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answered on Jun 20, 2025
While I can offer general guidance, it’s important to note that custody matters are highly fact-specific and you should consult with a family law attorney familiar with your court order and jurisdiction for tailored advice.
That said, based on what you’ve described, if your custody... View More
I have joint custody of my child, and I previously handled all transportation because the non-custodial parent didn't have a vehicle. Now that he does, he refuses to pick up our child on his assigned days, citing that he pays child support and won’t change the arrangement unless he is... View More
answered on Jun 17, 2025
One option would be to seek a downward modification of custody based on his statement that he won't provide transportation unless he can stop paying child support. Court won't be happy to hear that. The other option would be to simply modify your existing orders to include a... View More
I have joint custody of my child, and I previously handled all transportation because the non-custodial parent didn't have a vehicle. Now that he does, he refuses to pick up our child on his assigned days, citing that he pays child support and won’t change the arrangement unless he is... View More
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answered on Jun 18, 2025
If your orders don’t specify transportation responsibilities, you can file a request for order in family court to modify the agreement, asking the judge to assign fair transportation duties based on current circumstances. You can present the text messages as evidence of refusal. Courts prioritize... View More
I need to renew my children's passports (ages 7 and 13) while residing in Miami, Florida. I was never married to their father, who lives abroad and rarely contacts us. There has been no court order for custody, and I want to request sole custody to facilitate passport applications. What legal... View More
answered on Jun 17, 2025
You do not mention whether the father is listed on the birth certificate. If he is not then you are in full control. If he is listed then you can try to apply for the passports and explain that you cannot locate the father. Last resort, you can apply to the court for a court order. It would be a... View More
I'm dating someone and recently introduced her to my children after informing my ex-wife of my intentions. Now, my ex-wife is demanding personal information about my girlfriend, calling her names, and threatening to take legal action regarding custody if I don't comply. Our custody... View More
answered on Jun 17, 2025
In Florida, introducing a new romantic partner to children under a 50/50 custody arrangement is not prohibited unless there is evidence that the partner’s presence is harmful or not in the children’s best interests. Courts require a substantial and material change in circumstances to modify a... View More
My wife and I are in the beginning stages of adopting my nephew's son. However, we are getting a divorce, and there are no custody arrangements in place. If the divorce is finalized before the adoption is completed, would my wife, who is on the adoption papers but has no biological relation to... View More
answered on Jun 17, 2025
Your wife's ability to seek custody depends largely on the timing and status of the adoption.
If the adoption is finalized before your divorce, then both you and your wife will be legal parents of the child—regardless of biological connection. In that case, the family court would... View More
I am the working mother of a baby and have a home and a safe place for my child to stay while I work. The father is unemployed, refuses to work, and has no stable place to live. We often argue because he does not take care of the child, and he is threatening to take the baby away to live with his... View More
answered on Jun 17, 2025
Under Florida law, if the parents are unmarried and paternity has not been established, the mother is considered the natural guardian of the child and is entitled to primary residential care and custody unless a court rules otherwise. The father would not be able to legally take the child from you... View More
I have 50/50 custody of my children with their father. The judge initially said one year with him and one year with me, but now they claim every year is with him. They say I can only have the children on Thanksgiving and Christmas, but I live with them and feel I'm missing out on special... View More
answered on Jun 15, 2025
You have to return to court to enforce the current timesharing as defined in the court order. Neither parent can arbitrarily change the schedule. Speak with a local family lawyer for more specific advice.
I am a grandparent who has had full custody of my grandchild for the last 14 years. Recently, as of June 2025, the court granted joint custody to the child's father. During the time I had full custody, there was no formal or informal financial support from the father, and no previous child... View More
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answered on Jun 14, 2025
The asker cannot recover past child support without a properly entered order of support prepared by a support magistrate. The only way to get child support payments is to file a petition for support now. This is when the order starts to accumulate arrearages if the non-custodial parent fails to pay... View More
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