I'm not disagreeing with anything that attorney Houser said below (as she is right), but would caution you that there is little stopping her (or you) from taking this child and moving to Alaska/California/etc. If you don't give your consent to a proposed move, then she shouldn't... View More

The 30 day window to respond is more relevant in other types of lawsuits. For a custody hearing, the court will still need to have a hearing and hear evidence as to the custodial schedule that is in the children's best interests. From what you've said of your daughter, she will need to... View More

No, "renewing" a judgment involves filing a new lawsuit. An essential part of any lawsuit is that you have to serve the defendant - regardless of whether the defendant is in the country or not. There are ways to serve someone who isn't in the country, but they can be complicated... View More

A common answer to any legal question is that "it depends," but that is particularly true here where I don't have access to the specific language you are referencing. Depending on the actual language used, it might mean that both parties are releasing (waiving) any other claims they... View More

I agree with the answer that attorney Haas provided, specifically the need to do something support wise now. Assuming she does want to have the child adopted, you should be a party to that proceeding and your support (or lack thereof) will be an issue that the court will discuss.

You likely can't 'force' your mother to hand you the birth certificate, but you should be able to get it directly from wherever you were born in Mexico. And I would wager that you don't need the "original" birth certificate, but merely a certified copy.

Perhaps, but the father would have to participate in some manner in the process. The following options give you "custody" without actually having to go to court, although some of them involve the filing of a custody action.

1. If you were married to the father and haven't... View More

Legally done? No, there isn't a way you can legally force your spouse to contribute to the household bills. He can't force you to do anything, and you can't force him to do anything.

You are on a site full of divorce attorneys, so perhaps you'll receive some feedback... View More

I'm not going to speculate on what some other attorney may or may not have told your husband, but I can say that "abandonment" isn't a distinct legal claim and is usually not something I spend a lot of time talking about with clients who have yet to separate. Abandonment might... View More

To keep this answer short, there is really only one step you need to take, which is to file an action for child custody. Consult with a local family law attorney about the necessary steps to make this happen, but until a court order is in place, he is not required to return the child to you (nor... View More

I'm sorry to hear that you are going through this and dealing with someone who would threaten to leave his own children destitute. Your case involves a lot of possible claims, and I can only really give you a short overview of each. For more information, you will need to talk to a local... View More

No, visitation and the payment of child support are completely independent of one another. Failure to pay support is not a valid reason to withhold visitation. If visitation is being denied, you may have to file a motion for contempt for her violation of the custody order.

No.

You might not be able to. If there is a custody order which gives the mother certain custodial time, she still has to "live her life" during her custodial time, which would likely include working. The same applies with you - you might have to work or might have some other commitment... View More

Yes, there appear to be numerous reasons why you would want to file a motion to modify the existing order. To successfully do so, you have to be able to show that since the last order, there has been a substantial change in circumstances that affects the child's welfare since the entry of the... View More

Highly unlikely that your aunt would get in trouble if you went to stay with her. What would potentially happen is that law enforcement personal could come to her house and direct you to return to your Mom's residence. As long as you did so, it is hard to imagine any sort of negative... View More

You shouldn't have to worry about wage garnishment as that isn't allowed under NC law. However, there is a chance your vehicle could be seized. Whether that happens is going to depend on the amount of equity you have in this vehicle, and to what extent you can "exempt" this... View More

If the criminal charge was dismissed without a finding or admission of guilt, then it shouldn't be admissible in court. And if the judge does permit the question to be asked at a trial (over your objection), you just need to put in evidence that the charge was ultimately dismissed.

Of... View More

You might have grounds to file for emergency custody here in NC if you can prove to the Court that "there is a substantial risk that the child(ren) may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts."... View More

I am not licensed to practice law in Florida, so if you reside there, you should get a Florida attorney.

That caveat aside, the loan IS marital property and should have been accounted for in the settlement of your equitable distribution (property division) claim. However, the creditor (the... View More