My ex & I have joint custody with me being the sole care giver. He hasn't had our kids since the weekend of August 15th. Our son was hit by a car on August 29th & was transported to the hospital where he had 2 surgeries & was in the hospital for a week. His dad came for 2 hours the... Read more »
Very sorry to hear about your son, I hope he makes a full recovery. Regarding the custody questions, if the father is not exercising the time he is entitled to under the current order, you may consider requesting a modification of the order to something that better fits the situation. Also, on...Read more »
Typically yes, but that could change depending on a whole variety of factors (judge leaves, one party changes residency to another county, etc.). If you are considering a modification, you should consult with an attorney to determine your best options.
bio dad is not around hasnt been in over three years. i have two other children with my current husband.i dont think bio dad will try to stop it but i cant get ahold of him to sign his rights over im in indiana
You can get sample forms from the clerk, or possibly even at your county's website. Without the biological dad around to consent, there are things that need to be addressed with the court in order for this to have a chance at working. This is a scenario that can get very complicated very...Read more »
If you have a court order and/or share some form of custody of the children, you are entitled to know that information. You might consider filing a motion for contempt against mother. It might also be a good idea to sit down with an experienced family law attorney to discuss your case in detail.
I have a court date to establish paternity of my daughter. It was filed by her father. He hasn't financially supported her, contacted her or seen her since she was 5 months old. She is now 3 years old. He was arrested when she was 5 months old for domestic violence against me and my 1 year old... Read more »
The court will certainly consider the factors you mentioned, all of which are weighty. However, the ultimate decision is at the discretion of the judge, and it would be impossible to give hard predictions with such little information. You should seriously consider sitting down with an experienced...Read more »
It is unclear what exactly you are asking, but just as a general answer, if a filing or an action was "dismissed without prejudice and stricken," that means that the court has terminated it and will take no further action on it, but the "without prejudice" part means that the...Read more »
Unfortunately your question is not clearly enough posed to give any type of substantive answer. It might be a good idea to sit down with an experience probate or family attorney, to discuss your case in detail and get the answers you are looking for.
You may consider filing a counterclaim or challenging his paternity in court. However, your question does not provide many specifics so it is difficult to say. You might seriously consider sitting down with an experienced family law attorney to discuss your case in more detail.
You may need to consider filing a petition with the court to modify parenting time or otherwise restrict this person's access to your children. You should consider speaking with an experienced family law attorney about your case.
That's not the norm but it will depend on what is stated in your court order. Consult the order for that and you may also want to consider speaking with an experienced family law attorney to get clarity on this and other issues.
A party is not required to file notice of relocation with the court if the move will result in a distance of less than 20 miles from the other parent. However, your ex-wife should still provide you with that information if you share custody of your child. You should speak with an experienced family...Read more »
If you are willing and able to take care of the children, then a guardianship may be a good option for you. You should speak with an experienced attorney to discuss details about how to undertake that.
my sons father has custody, he has been living with his grandmother and i just found out that his dad has moved back in his grandmas and he and his wife are on meth and i have messages from his wife stating the drug use, the fact they do not have jobs and that they had to move back into the... Read more »
You'll want to look into legal aid or pro bono organizations in your area. Most cities/counties have at least one such organization, and if you qualify, you should be able to find competent attorneys willing to help you with your case. Hope that helps.
Unmarried couples who are trying to split property face different challenges than those going through a divorce. You should speak with an attorney who can look at your situation in more detail and lay out a path forward.
I am wanting to get full custody of my son. He was born in Kansas when I was with his mom and we all moved here a few months later. I was not married to his mom but I am on the birth certificate. Do I still need to establish paternity?
That will largely depend on the laws of Kansas, so you may want to consider speaking with a good family law attorney there. However, in Indiana, the signing of a paternity affidavit (which would have been required in order for you to appear on the birth certificate) would be good enough to...Read more »
Baby's father gets 3 visits a week for 3 hours. We haven't gone to mediation to establish set days and times. Do I have to let him see her before mediation or is it only after days and times have been formally established is he allowed to see her.
If you have had a preliminary hearing, or have any other court order in place outlining father's parenting time, then you must follow those terms. You should consider speaking with an experienced family law attorney before making any major decisions on your case.
I have a support order in place in Indiana, and up to date on support payments. The court also granted parenting time, but the judge said it may be difficult to enforce because the children live Georgia with their mother. Paternity affidavits were completed and signed by both myself and their... Read more »
If your support order is out of Indiana, then it likely contains the custody provisions as well. You can check with the court clerk to see if the case is still based in Indiana. You can bring an action in Indiana to enforce your parenting time. However, keep in mind that it may be difficult to...Read more »
I offered custodial parent an opportunity for additional parenting time, which was accepted. I don’t have an acceptable time in which to schedule the make up time, so I am opting to forgo the two days I lost.
If it happens just one time, you're fine. You don't want it to become a pattern, though, because the custodial parent could try to use that behavior against you to suggest you are not interested in using all of your parenting time.
I have video proof of my daughter's father and his girlfriend being high while they have my daughter letting another kid hit my daughter out of anger my daughter's father coming at me rude and defensive in front of the kids
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.