You should have also received a Complaint, to go along with the Summons. You will need to file an Answer to the Complaint (not required, but certainly advisable), and most likely you'll want to file a Counterclaim for Custody, in addition to other claims (i.e. child support, spousal support,... View More

If there is no court order preventing mom from moving with the child, she can. However, if she does so without getting consent from dad or permission from the court, this could end up hurting her in a custody case.

You'll need to file a lawsuit for custody, if you want to enforce your agreement and/or get more time with them.

Generally, unless your mother has legal custody (a court order, giving her custody), she cannot keep them without your permission (that's potentially kidnapping). She must have either your permission, or the other parent's permission, to keep them. That's the legal part.

The... View More

I am assuming since you are asking the question, you've been told by the children's mother that you have no rights and can therefore not see your children. Unless there is a court orders stating otherwise, the short answer is "Yes. You have rights." The extent of that right is... View More

Short answer is: you'll need a court order. If you are almost 18 anyway, I'm not sure why you couldn't just wait until your 18th birthday to be able to make your own legal decisions. Contact an attorney to learn more about your options and the process of emancipation.

First off, plan on going to court. Use the Find a Lawyer tab at the top to contact family law attorneys in your area with whom you can have a telephone consultation.

You'll have to go to court, to either enforce the contract under a breach of contract action, or file for custody in court to get a Custody Order. The other issue is, if only she signed it and you did not, there is no contract unless you can prove that she signed it in exchange for something... View More

An attorney would need to see the language of the Court Order, before giving you definitive advice. If the Order was entered in VA, then the VA court would need to modify that order. A case is not "closed" until the child turns 18 years old, so something is off here. It may be that... View More

It depends on what his Will states. It most likely said that she inherits, only if she survives him, and if she does not survive him then _________ gets what she would have gotten. Unless you have a copy of the Will, you won't know who is designated in that blank space.

Yes, so long as the entire Will is handwritten by the Testator, and signed by the Testator (the one writing the Will). There is no requirement that it be signed by any witnesses.

It is possible for him to get 50/50. He would need to notify you of his schedule, as soon as he gets it, and if you were willing to work with him on some flexibility, it could work. There are many factors which would go into deciding whether 50/50 is in your child(ren)'s best interest, other... View More

He needs to file an action for paternity and legitimation, and possibly file an action for custody, depending on the circumstances.

You can legitimate at child, by doing one of the following:

1. The child will automatically be legitimate and you will go on the birth certificate, if you and the mother are married prior to the child's birth.

2. You can file an action for legitimation at any time prior to the... View More

Honestly, you can certainly ask the court to forgive the arrears, but it is doubtful that it will happen. Visitation and child support are 2 separate issues. If you wanted a better relationship with your daughter, then you should have pushed hard for a custody order and then enforced its terms via... View More

Short answer is "yes". With that said, there are a lot of variables, depending on the following: Why does the mother live in Missouri and the father lives in North Carolina? How long has each lived in his/her respective state? How old is the child? What does the child want? Is the child... View More

That would be kidnapping. The father should contact law enforcement.

One parent cannot dictate who the child is around when in the other parent's care, unless that parent has sole legal custody of the child. With that said, perhaps there is some other agreement the two of you could come to, so that the other parent feels that appropriate safety measures have... View More

You could check with the Register of Deeds Office to see if he recorded his Durable POA; however, his physician will have to check with the Secretary of State's Office to see if he registered a Living Will or Health Care POA

You'll need to file an action for equitable distribution and/or alimony, to force him to return the property or pay you for your share of the property, in addition to paying alimony (if applicable). Consult with a family law attorney regarding your options. Your options will vary, depending on... View More