In addition to Ms. Rice's answer, you may have grounds for a contempt action if your ex-husband's boyfriend has been staying overnight when the child is visiting your ex-husband IF your currently-active custody order/parenting plan prohibits overnight stays by non-family members during... View More

You can terminate your attorney's representation of you at any time, but as Ms. Rice has stated, you may end up doing more harm than good. Make sure you know the law and have your arguments prepared before you step out on your own.

Most likely not. The money was for your benefit, but was to be given to your mother to spend on you. Basically, as a result of your father not paying child support, your mother had to pay additional funds out of her own pocket (that should have been coming out of your father's pocket,... View More

You seem to have a basic understanding of the process, but the devil is in the details. Basically, you will apply to the Juvenile Court in your area for a temporary guardianship of your niece (temporary only in the sense that it could be set aside by yourself or the biological mother/father in the... View More

It is most certainly worth court process. You need to formalize your custody arrangement; if you do not, the other parent can rip the child away from you at any point. As well, you need to establish the other parent's child support obligation - just because she isn't working does not... View More

If the child signs the acknowledgment and it is not against the child's best interests to live with you, you will most likely receive custody. The other parent can contest your request for modification of custody, but it sounds like you will be successful either way. Child support will not... View More

It depends on whether a formal custody order has been entered. If a custody order has been entered, you must abide by the terms of said custody order; if you want to change that custody order (so that you would have primary custody of the child), you will need to file an action to change the... View More

No, but the non-custodial parent can be found to have been intentionally underemployed/unemployed. Whether the non-custodial parent is intentionally underemployed/unemployed is a factual question that the Judge will have to determine, based in part upon the non-custodial parent's past/present... View More

You can either give your Aunt a guardianship of your minor child (which is temporary in nature and can be revoked with court approval), or she can adopt your child (which is permanent in nature and not revocable). Either way, these are both complicated matters with which you should speak to an... View More

Your question does not have enough information to properly answer. What "money" are you receiving? Do you mean child support? Government assistance? What is he in jail for, and how long will he be there? No matter what, you should contact an experienced family law attorney in your... View More

When you say "sign his rights over", do you mean to terminate his rights to the minor child, or to establish a guardianship over the child. If you mean to terminate his parental rights, that is a complicated process that you should hire an experienced family law attorney to assist you... View More

It depends. Do you have a custody order established yet? If so, when was it established? If not, were you and the father married at any point? Are currently married? If you were never married, have you established that the father is the child's biological father via DNA testing? If so,... View More

It all depends upon what the Court believes is in the "best interests" of the minor child. As you can imagine, there are a million different facts which can influence whether living with you or your husband is in the "best interests" of the minor child. That you have been the... View More

It is unclear from your questions as to whether you have a formal custody order established or not as to the subject child. If you do not have a formal custody order, both you and your wife (assuming you are presently married and gave birth to the child during your marriage) have equal rights and... View More

Yes, he is still entitled to visitation. Just because he has violated the relevant order (i.e. failing to timely pay child support) does NOT mean that you can also violate the relevant order (i.e., withholding the children from the father in violation of his visitation rights). You can, however,... View More

If everything you state is true, you have a very high chance of success in modification of custody action. You need to speak with a local family law attorney in your area as soon as possible and start taking the steps necessary to initiate a modification action. For reference, O.C.G.A.... View More

It depends. If all the Father did was sign the birth certificate or an "Acknowledgement of Paternity", then he has no legal rights at this point; all he would have is the legal responsibility to pay child support. If he (and you) signed an "Acknowledgment of Legitimation", he... View More

Yes, it is legal for you to go get your son. As a father of a child born in wedlock, you are considered the natural guardian of your child and are entitled to exercise any and all parental authority over said child, even if it conflicts with the requests of the child's mother. Unless there... View More

If you cannot work out an arrangement between yourselves, you will need to file an action against your boyfriend to establish his paternity of the child (i.e., prove via DNA testing that he is the biological father of the child) and his obligation to pay child support on behalf of the child. If... View More

It depends. If the parties are divorced (or the father legitimated any children born out of wedlock) and an original custody order as to the children has already been established whereby one parent had custody of both children, one parent will need to file a modification action against the other... View More