Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My childrens father left 4 months ago after we lived together

Customer Question
My children's father left 4...
My children's father left 4 months ago after we lived together for 10 years. Our children are 9 and 4. I need to know what rights I have for custody and child suppport. Any help would be appreciated.
Submitted: 8 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 20 minutes by:
10/1/2009
Family Lawyer: AttorneyTom, Lawyer replied 8 years ago
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9,176
Experience: Attorney
Verified

Disclaimer
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.
By reading further, you understand and agree to all that is written above.

_____________________________________

Answer:


Your question is extremely broad. However, the following information should be very helpful.

With custody matters, typically the main goals of the court should be to promote contact with both parents if both parents are able to act in the best interests of the child, place the child in a safe, stable, nonviolent environment, and encourage parents to share the rights and duties of parenthood. However, courts generally err on the side of protecting the children, thus making the focus of most courts "the best interests of the child." Factors courts choose to consider often include:
a. Child's gender, age, and health
b. Health, lifestyle, and social habits of parents.
c. Parent-child bond.
d. Parent's ability to raise child and provide for the child.
e. Community factors (school, home, religious, etc.) that may be altered by custody determination.
f. Child preference (depending on the state and the age of the child).

When one parent leaves the family home and the children, this may hurt him in a custody battle, as stability for children is often assisted by keeping the children in the marital home and as abandonment may reflect poorly with the court.

Usually, a custodial parent is entitled to child support from the non-custodial parent, provided paternity has been established. Child support is calculated according to California Child Support guidelines. California's Department of Child Support Services provides a calculator to help parents estimate what a court is likely to award. However, courts do have some discretion based on the circumstances of children and parents.
http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default.aspx

Child-related matters are major factors in life. Accordingly, before taking any legal action, a person should consult an attorney who is licensed to practice in your state about this matter. While I realize that this can be a great expense, it would be an excellent investment. If money is scarce, there may be low-cost or free legal clinics available to you for this purpose. The state bar association may be able to assist you in locating those. If there are no such clinics, you may be able to work out a payment plan with your attorney. Alternatively, you may be able to seek a loan or pay your attorney via credit card. While it is possible to represent one's self, it is always advisable to have a qualified attorney's assistance.


If you need additional clarification, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer.

Please click the green
Accept Button for each and every answer and please remember to leave Positive Feedback. Doing so ensures I will receive credit for my time and my effort spent answering your question. Bonuses are greatly appreciated.

When leaving Feedback, please remember that Feedback is left for me as an answerer, rather than the content of the answer. While I enjoy to providing customers with the answers they want to hear, doing so is not always possible.


You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/



Edited by T-USA on 10/1/2009 at 7:33 AM EST
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9,176
Experience: Attorney
Verified
AttorneyTom and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask AttorneyTom Your Own Question
AttorneyTom
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9,176
9,176 Satisfied Customers
Experience: Attorney

AttorneyTom is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
In TX will child support court pursue arrearages from
In TX will child support court pursue arrearages from another state or only state of TX? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Situation: Court order says to pay child support if the
Situation : Court order says to pay child support if the child is living at the mothers home and going to college until the child is 20 years old. What if the child is living in a college dorm does th… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How can you apply for modification in child support in the
how can you apply for modification in child support in the state of Florida if your job has changed your income … read more
KLAW
KLAW
Juris Doctorate
1,769 satisfied customers
What is a fair amount of child support for 2 kids if the
what is a fair amount of child support for 2 kids if the non-custodial parents thinks 25% of their pay is too much?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
The non custodial parents child support order isi in South
The non custodial parents child support order isi in South Dakota, he owes approx 25k in back support. He fled to Indiana and I was able to tell the process server his location. He has not paid a penn… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I was not properly served by the custodial parent. Instead,
I was not properly served by the custodial parent. Instead, she falsely told the County clerk's Of Alameda that I was served. What should I do? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
If a custodial parent with joint custody moves and leaves
If a custodial parent with joint custody moves and leaves the child with her parents (the child sees this parent once...maybe twice in a 2 week period), can that be considered abandonment? This has be… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,260 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
Non-custodial parent is claiming financial hardship to
Non-custodial parent is claiming financial hardship to intentionally avoid helping to support our child.I am wondering what is the detailed explanation/criteria of what counts as "contempt".… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Non-custodial parent slept with a woman outside of his
Non-custodial parent slept with a woman outside of his marriage and created a child with mistress. As a result he ended up getting a divorce. He now claims that due to the divorce tying up his money -… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
Oklahoma child support agreed to a paternity test in the
Oklahoma child support agreed to a paternity test in the state i was residing in after agreeing they went to court the very next day and remanded me the father of 3 children and give me no paperwork a… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,297 satisfied customers
In Texas, can child support be deducted from an inheritance
In Texas, can child support be deducted from an inheritance by the non-custodial parent who pays child support at present… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,669 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
Can the court deviate from the ohio child support guidelines
Can the court deviate from the ohio child support guidelines in any child support award? In other words, can the court issue an award that does not fall within the child support guidelines...if so, un… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I recently filed for child support. The non-custodial parent
Hi! I recently filed for child support. The non-custodial parent is out of state. Would the child support laws be for my state or his? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A non-custodial parent is required to pay child support, but
A non-custodial parent is required to pay child support, but finds the under aged children left the custial father on their own free will and is no longer under the custodial care. can the non custodi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question about child support guidelines for
I have a question about child support guidelines for Missouri for children over 18. My son has been enrolled in college full time however he did not complete 1/2 his courses the first semester and the… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x