Where to File Your Child Custody Case Every child custody case begins with filing a petition and paying a filing fee with the local clerk of the court. Before you turn over money for a filing fee, make sure you have located the proper court in the proper jurisdiction. As a general rule, most states require child custody cases to be filed in the county or parish where the child resides. You should file your child custody case in a district or family law court. → Read More
Mediation in a Child Custody Case: Preparation Goes Along Way Mediation in any marital dissolution (divorce) or paternity action may be required where child custody or visitation is at issue. The purpose of mandatory mediation is to encourage parents to work out agreements regarding child custody issues, hopefully saving children from contentious legal battles. → Read More
Paternity Actions A paternity or parentage action refers to a legal proceeding in which a parental relationship between a father and minor child is formally established. The action may be commenced by an alleged father seeking custody or visitation, a mother seeking child support, a child seeking to establish a parental relationship or the state seeking reimbursement for public assistance. → Read More
Lump Sum Child Support: Is It a Defense Against Future Payments? Some divorcing parents may try to make an agreement for a large lump sum child support payment rather than a regular, extended payment plan. However, if a parent who paid a lump sum is later sued for more child support, he will be obligated by the courts to pay more. → Read More
Can I still collect child support arrears after my child turns 18? (2025 Laws) Once a child is considered a legal adult, the non-custodial parent is no longer required to pay child support payments. However, should there be back child support payments that remain unpaid, the custodial parent still generally has the right to collect on these back payments, even after the child has been emancipated. → Read More
What about paying for private school expenses? Depending on the particular circumstances of the situation, it’s possible that a judge will order a parent paying child support to cover the cost of a private school for the child. There is not one set rule of thumb about this, simply because it varies according to a number of factors and because the laws in each state may be different. → Read More
I am the father of a child who’s mother I am not married to. She currently has full custody but I am seeking joint custody. Can I ask the court to change the child’s last name to mine? One concern that many parents face is the issue of whether or not a child who is the product of two unmarried parents can have his or her last name changed to the name of the father. The answer to whether or not this can happen varies on the state that you are living in, and the laws of the state that establishes paternity. → Read More
Is the natural father’s consent to the adoption necessary? If the paternity of a natural father has been officially established and he has not given up the rights to his child through abandonment, willful termination of parental rights, or other means, then his consent would be necessary in order for a child to be adopted. → Read More
Can the natural parent or the adoptive parent change his/her mind after adoption? The natural or adoptive parent generally has a limited window of time in which to change his or her mind- if there is an opportunity to do so at all. The specific amount of time will vary from state to state. → Read More
What happens in the case of a missing parent or an abandonment? Adoption laws differ, sometimes greatly, by state, but in general an adoption case involving a missing parent or abandonment is a matter of determining to the court’s satisfaction that the abandonment has, in fact, taken place. All reasonable efforts must be made to locate a missing parent, and if the parent is found or his or her location is known, reasonable efforts must be made to prove that he or she has chosen to abandon the child, before any adoption proceedings can go forward. → Read More
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