How far in advance would I have to notify the other parent that we are moving if there is no custody agreement between us? And can they legally stop me from moving?
This forum is a general forum and it is not as easy as a yes or no. You need to contact a family attorney for a consult to get your specific details.
Can they legally stop you from moving if there is no custody agreement?
There is a default state statute on this and even if your decree is absent wording it is enforceable. However, it is more applicable to the primary custodial parent (or more specifically the one person who can declare the primary resident of the child). You should contact an experienced family law... Read more »
You CAN represent yourself. That does not mean you should represent yourself. In criminal cases it is always advisable to get an attorney.
I also had another child since moving to Oklahoma and My fiancé had a case in NC we have done everything even a home study and approved fit stable loving environment Is there anything I can do I know I’m not aloud contact with them ether but my oldest Continues to reach out to me and i can’t... Read more »
If your rights were terminated and the child was adopted to another then it is very rare that you can get rights restored. There are a couple exceptions but those are extremely hard to prove and validate. As such the other parents have ultimate say over their child. Contact an adoption attorney to... Read more »
My dad was diagnosed with dementia February 2020. I had been his POA since May 2019. my daughter, without me knowing, changed poa to her in February 2021 at the time he had senile dementia and Alzheimer's per his doctor. Would this be able to be revoked since the document he signed stated he... Read more »
There are more than one kind of power of attorney. Some POAs terminate instantly when someone becomes incapacitated or no longer competent because a power of attorney is predicated on the person granting the authority to make the decision as if it were themselves (in other words in their capacity).... Read more »
My mothers non biological father dies with a will and my mother has two other half siblings…what rights does she have here?
Typically this will all be spelled out in his will. Also other factors would be considered such as was she officially adopted by him or not, is her mother still alive, etc… your best advice is to contact a probate attorney to assist you with determining the full extent of the rights with your... Read more »
A protective order was issued against him for Me and my son for 5 years back in 2018.
In short - your only option is a step-parent adoption has to take place. There is another way where DHS is involved but they wouldn’t be involved in your situation it doesn’t sound like. In essence the state will not terminate the rights of a parent without someone else assuming the rights (and... Read more »
Assuming your vehicle is a standard American left driver vehicle then no a right passenger mirror is not required IF the interior middle mirror is in place. If you are in a vehicle where the center rear view mirror is not equipped or is ineffective (such as in a cargo van with no windows) then that... Read more »
About a year ago, I decided that it was in my daughter's best interest to sign my parental rights away to allow her step dad to adopt her. I did this because we had been dragging out a custody battle for 4 years without ever actually going to court for custody. Every court day was more and... Read more »
Your case has specific details that will be best suited with an attorney rather than this forum. Most will give a free phone consultation. I suggest you contact one sooner rather than later so that you can insure your rights if they in fact still remain intact.
You need to sit down with a tax attorney and go through this as it is a detailed matter that is beyond the scope of this forum. However, if you are an oklahoma resident this will still be considered income for tax purposes.
You should contact a family law attorney to assist you. Child support is not normally something anyone can get out of with a prenuptial agreement.
She has not lived with him for over 3 years, she lives in OK now and I believe he lives in MS. Is she considered legally separated and can she file as single?
If she has not been granted a divorce then she is technically still married therefore she cannot file as single. However she can file married filing separately. You need to contact a family law attorney to help get the divorce finalized.
With the other parent and file an emergency order? If they allow the children to go anyway they can be charged?
Every case is different, but a reasonable belief is the starting point, there are many factors involved in this and since you would be violating a court order, you need to make sure that you are doing it in the manner in which you are allowed in order to not be held in contempt yourself. Allowing... Read more »
Want are the actual crimes here? The man and his wife obtained guardianship through the courts on a n unrelated but close family friends' newborn when she was arrested. The guardianship application, upon sworn oath, stated no family relationship.While she was incarcerated, he submitted an... Read more »
Sorry for your troubles in this matter. While sometimes our emotions do not always line up with the legal process you should context an attorney to assist you in this matter so they can help you coordinate through this trying time.
I claimed her because she's 18 and lives with me full time since June and half time before then. That's 91/2 months of the year. I interpreted that as she is no longer eligible for her to claim on taxes, but she's eligible for me to claim. Am I wrong, she is threatening to go to court.
I agree this is very loose language. You need to contact an attorney in your area. Usually that wording would indicate someone other than the child is claiming them, in other words so long as your child does not do their own taxes then they would be eligible to be claimed on someone else’s.
I live in the rural area of caddo County Oklahoma. Someone of my ex family keeps harassing my family. They stopped at the end of my driveway and sat for a few minutes with the window rolled down and left as soon I went outside. What can I legally do?
Contact the sheriff office and report them. Beyond that you can pursue a VPO against them if you feel threatened. Other than that you may have some elements of stalking but you need to contact an attorney in your area to assist you.
DHS is not involved in any capacity other than as a pass through for payments. I'm aware that future payments will no longer be required. Arrears was being pursued pro se and only by her. Does this also cancel the contempt case on child support as well. Could I also ask her to drop arrears... Read more »
You should contact and familY and adoption attorney to best evaluate your specific scenario. However, I would suspect they could negotiate a term for your consent to waive anything in arrears. While this is not guaranteed if an awoc is being pursued, it could be something pursued through a consent... Read more »
An on duty officer located us and pulled me over and wrote the ticket with the off duty officer, is the off duty officers word enough to convict me of speeding?
Yes.
Yes. If she is the custodian due to a guardianship then she has authority over you.
The ATI is statutory and is something that has to be put in place so the parties cannot directly control another party by terminating insurance or not paying bills etc…. You can mutually agree to not have it but if it is not mutual then it is not negotiable and mandatory.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
