All you can obtain is your name on the birth certificate if the other parent consents to that. Custody is a status that a court has to grant. However, if the child is born during the marriage and/or your name is on the birth certificate, you are e the presumed parent.
I have a Court Order from Oklahoma for immediate genetic testing of the father of my child. The Armed Forces Medical Examiner System has a DNA test on file that was apart of a Criminal Investigation involving myself, the father and the child included on the court order. I have received the redacted... Read more »
He is very non-involved with the two of us. He can't keep a job and our apartment is roach infested and the foundation and walls have major cracks. it is a dump and honestly should be condemned. we went three months without a working kitchen sink before the landlord finally got it fixed. No... Read more »
It depends on if there is a court order in place or not. if not, either parent can remove a child from the state but can not withhold that child from the other parent. This action often comes with a host of problems though, such as allegations of parental kidnapping.
I live in colorado, the father is in florida, and he filed paternity, I'm a victim of domestic violence by him while pregnant, he was trying to force me to have a miscarriage by punching me in my stomach several times, and beat me, and got.arrested for it
I am sorry to hear about your situation. If the case is filed here, you will have to cooperate with the testing. You can contact Colorado Legal Services and Tessa or another domestic violence center to see if you qualify for low-income assistance.
My husband and i are married and live together with our two year old. there is so much toxicity and i want to move our two year old out to nevada and not share custody. He has little to no bond with her . he is obsessed with his phone .. OBSESSED. the apartment is roach infested and has huge cracks... Read more »
You could attempt to use the letter to justify a move, however he may claim duress. It sounds like he may have written the letter in an emotional moment. Also, not knowing what he has to say about the situation precludes any kind of assessment of the strength of your position.
It’s a dependency and neglect case opened a year ago. There have been no transcripts and finally after court last time I checked again and there are a year with of transcripts but all of the information is wrong, it even skips from 9/22 to 9/21 then back to 9/22. So there not even in order.
My 17 year old son signed a contract and was supposed to ship to Army boot camp today. I signed giving permission for him to join. I was told he was emancipated because he had officially joined the army when he signed his contract. He was a witness to a crime and was told today that he can’t ship... Read more »
Unless he is serving, he is not actually emancipated. Even then, that is a determination for the Court. A person does not automatically become emancipated when they sign a contract to serve or when they begin serving, for reasons such as these. Additionally, it would be rare for a witness to be...Read more »
It depends on what your decree says. This is an aspect generally covered in a parenting plan. If not, Colorado statute says that the exemptions are taken in proportion to income so if you each make the same amount of income, then you would alternate every year.
We have had her since she was 2 months. Her mother was using drugs and alcohol. She could not handle her. She is now 23 months old. Her mother is still homeless and unstable. She says she is not using. But unsure if that's true. Out of anger and vindictiveness she is threatening to take her... Read more »
If your child's father is certain that he wants a long term change in parenting time, and the same is in the best interest of your child, the least expensive and quickest manner to achieve a Court's recognition of the change is to enter into a Stipulation to Modify Parenting Plan and...Read more »
The therapist is not required to enforce the law, and is entitled to rely on a representation made by a parent. Only one parent has to consent to therapy unless a parenting plan specifically states otherwise, which would be rare.
My ex informed me about a week before he was leaving the country that our children will be in the care of his girlfriends mother and his mother during his parenting time while he is out of the country. I convinced him to allow the boys to stay with me for some of the time but I would prefer that... Read more »
It depends on if you have a parenting plan and what it says. There is no law that governs who children stay with other than that a fit parent is presumed to be able to arrange for appropriate caregivers in his or her absence. You can try to negotiate an agreement that if the other parent is gone...Read more »
I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »
We used to have joint custody but 3 yrs ago I was given full custody and the father hasn’t been involved since that time. He is now demanding my address saying it’s his legal right to have it. Do I have to provide it?
You do not have to provide your address, BUT YOU DO HAVE TO PROVIDE THE CHILDREN'S ADDRESS. Even with you having "full custody', he maintains some rights to contact with the children. The exception may be if his parental rights have ben terminated-which is unlikely.
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.