Child Custody Legal Questions

Lawyers.com offers general information and not legal advice.  You are asking for legal advice, which cannot be properly provided in this forum without more information.  Generally, when a child is born, if the couple is not married a party can ask for paternity testing.  If the individual seeking DNA testing is determined to be the father, a request can be made for child support.  Child Support in Virginia is based upon the gross monthly income of both parties.  If you are a student, with no income, the least amount you will be required to pay is approximately $65.00 per month.  Once you become gainfully employed, the amount can be adjusted, consistent with your true earnings.  As for signing your over your rights, unless the child is adopted, you cannot "sign over your parental rights."  The laws are designed to make sure that parents support their minor children, so they do not become wards of the state.  If parents were allowed to give up their rights, to avoid having to pay support, most young people would jump on board and abandon their minor children. Unfortunately, the situation that you have described is precisely the reason parents preach to their children to avoid sexual activity until they are ready to accept responsibility for the consequences of their actions.    If you do not want anything to do with the mother or the child, you may consider waiting until the mother files a petition with the court, before taking any action.   If the mother doesn't file anything and no court order is entered, you are not legally obligated to pay support.  However, once you are served with notice of a hearing, show up in court, and have an order entered against you, you will be obligated to support your minor child, until the child is emancipated.  Best of luck~... Read More

I would need a lot more information to give an accurate answer to your question.  But if you and the father were never married (and there are no court orders about your child) and he is keeping the child from you, it is advisable that you file a Paternity Action to establish child custody and visitation.  In the meantime, you may be able to have the Sheriff or Police accompany you to the father's residence and show the birth certifcate that you are the mother, and if he has no court order granting him custody, then law enforcement may ask him to return the child, unless there is some indication you are unfit as a parent.  ... Read More

There are not enough facts here to make any reasoned predictions.  "Addicted to weed" is probably hard to prove, as it is considered not particularly addictive, and is now legal.  LSD is more serious, as it is not a lawful drug.  You don't specify what grounds he might have to "take my son away from me."  You might want to review the factors a judge looks to in mkaing a custody decision, which are listed and explained here.  Beyond that, it is probably best for you to consult with a family law specialist.... Read More

As you are not married, she has sole legal custody. You have to locate them and serve her with a Petition for Parentage, and for custody. I don't know enough to know if you could take custody of one child. Her nationality is not going to be relevant to the case unless she wants to move to the Philippines. Hire a PI and find your family then file a case.... Read More

You can apply to Legal Aid. If you don't qualify, you can look for a lawyer with flexible payment options, but I don't think a "cheap" option exists, and sometimes you get what you pay for. Your bf should have placement priority w DCS if the state does take her, but there is a whole process for interstate placement. It sounds like you need a lawyer in MS.... Read More

Short answer is "yes" -- but realize that in a situation in which both you and your ex have rights of custody (including visitation), both of you have the right to "determine the associations of our child" and he is unlikely to share your evaluation of his new wife.  If the two of you are at impasse on the subject, the only other alternative is to pursue a court order restricting potential contact.  Such orders have been entered in situations of, say, child abuse by a person, but a history cheating at bridge might be a bit of a stretch for a family court judge to find any kind of significant or imminent danger to a child.  If you wish, you could consult with a family law specialist to go over your speciic concerns.... Read More

You are going to have to retain a family law attorney (not a general practitioner) who has experience working with DCPP and its requirements to assist you in navigating through this process. I appreciate that you are in treatment but I gather that the DCPP rep wants a specific written plan in place for treatment, and specific written confirmation from your therapist as to your progress for reunification with your son and for purposes of your daughters care. ... Read More

You would have to provide more information about your age and the court orders for an attorney to give you advice about your options. Because your are probably a minor, it would be better for you to call a law firm directly to discuss the specifics of your case. But I will tell you that court usually make orders that allow the child to spend time with both parents.... Read More

  Mr. Pennington:       Unfortunately, once you are divorced from a spouse, he/she is permitted to take up with whomever he/she wants.    Of course, if there is reason for you to be concerned about the individual, perhaps your first move would be to do your own background check on this person.  You can find a lot on line with a little information, including checking criminal records.  Also, there are very inexpensive on line programs that can assist with a background check without you actually "requesting" such a check.        If then there is cause for concern, perhaps you should discuss it with your ex.  Maybe she is unaware of any conduct that could be harmful to your children.  If that provides no help, you should consult with an attorney to review your options.  Unfortunately, Florida has a very low bar when it comes to parenting, and there is a big burden to prove that a new partner of an ex is a danger to your children.  Hopefully that will not be necessary.   Best of luck to you, Cindy S. Vova Law Office of Cindy S. Vova, P.A. South FLorida 954-316-3496/561-962-2785    ... Read More

You may request that or anything else you want the mother to do, but she does not have to agree. Normaly unless there is some specific term in your court order stating that Mr. X cannot be around the children, the mother may allow any person she likes around the child.  The only thing in your lis of negatives about the man that may impact a child is if the man uses marijuana around your child or drives while under the influence with the child in the car.   Check your court order for a mediation of modification provision.  Some orders contain a provision requiring a party to try mediating with the other party before asking for a modification from the court.  Then follow the terms of that provision and try to set up a medition for you and your ex to discuss your concerns. It would not hurt to discuss your concerns with the mother in a neutral setting without the child present.  The other man should not be present of course for the discussion.  ... Read More

Unfortunately for her, she cannot move to the other parent's home without the permission of her mom.  To accomplish her goal without mom's consent, your niece's Dad needs to bring a suit to modify the parent-child relationship and follow that through to obtain a court order that changes custody.  During that law suit, her Dad could ask that the court confer with your niece about which parent's home she prefers.  The court will consult with any child age 12 and older.  Without going to court she will need to wait until she is age 18.... Read More

The first thing you need to consider is what your custody order says.  Does it allow for you to move with your child?  If not, you will need to get an order from the court allowing you to move your child out of state.  Basically, you file a "Request for Order" with the court, asking for your custody/visitation order to be modified and granting you permission to move with your child.  ... Read More

Your question cannot be answered in this forum.  I am not sure what is meant by, "can you reject a Circuit Court appeal... if it has not been signed by a judge?  Please provide more details.  Are you saying there was an appeal to the Circuit Court? Or, are you saying there was an appeal from the Circuit Court? It is not clear from the facts in your case and you need to be more detailed. ... Read More

   Under Florida law in order to become the legal father of a child born outside of a marriage requires a court judgment establishing paternity.    At this point in time, the child's mother can leave the state with your child and you cannot stop her.     So the best thing for you to do is immediately file a Petition to Establsh parernity.  If you can get  a court order establishing the paternity before she leaves you can also try and get an injunction to stop her from leaving.  The Florida Supreme Court website has forms and directions that can assist you.    However, because the law does not move as quickly as you might need, even if she moves, you can stil file the paternity petition in Florida and Florida will have jurisdiction to hear the case as long as you do this within 6 months of the child leaving the state.     As a final suggestion, look up the Florida Putative Father registry on Google.  Then register as the "father" of the child.  In case she tries to have her new boyfriend adopt the child, this would show in the public records that there is someone (you) who claims to be the child's father, and you would have to get notification before any court actions were taken.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785           ... Read More

Dear Mr. Dileo:   SInce the parties were not legally married, your son has to file an action to determine paternity....immediately!  And  he might want to ask for this to be done on an emergency basis if grandma is trying to take the children.  Under Florida law he is not the "legal" father until there is adetermination of paternity.  Once a court enters a judgment of paternity, he would have supreior legal rights for the children to stay with him absent extenuating circumstances.      I hope this helps and I am sorry for your son's loss.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton/Miamii-Dade 954-316-3496/561-962-2785... Read More

Any family law specialist should be able to assist you.  The guidance -- from the courts, from the ABA, and the AAML, is that the pandemic should not be used as an excuse to deny child custody and visitation unless there are special circumstances present (someone infected in the other household; or sometimes (but not usually) if the other parent is considered "high risk" by reason of employment, etc.) Obviously, every custody case is unique, and adequate information can't be exchanged in (public) email; If you do not already have a family law attorney, you should call this office (or another, if you wish) and speak with a family law specialist who can discuss your rights, obligations, and options.  Be sure to have available the exact terms of the existing custody order.... Read More

The court will not entertain a custody petition until the child is born.  You must wait until your child is born to file a custody petition.  Many courts remain closed, due to the pandemic and are only hearing emergency cases.  Therefore you need to check with your local court before filing to see if civil cases are being heard.  Best of luck~... Read More

You are a minor child.  You do not have a legal right to decide where to live.  If a suitable adult files a custody petition, the judge may consider your views, if you are shown to be a child of reasonable intelligence and mature enough to make a decision.  However, your views are not dispositive of the issue of custody and are but one of many factors a court will consider when making a custody decision.  I suggest that you speak with your mother and father and share your thoughts.  If you are able to reach an agreement with your parents, and there is a suitable adult who is willing to assume your custody, it may be possible to change your current living arrangements.  If your parents are unwilling to relinquish custody, it will be necessary to have a trial.  Best of luck~... Read More

If your notification follows the requirements of 36-6-108 of the Tennessee Code of Laws and father does not object, you should be able to relocate. If your notice was not legally sufficient, it's possible you'll have to file a Petition with the Court. Under the circumstances you described, I think you would be allowed to relocate.... Read More