Is this an isolated event, or does it happen on a regular basis? If you are regularly refusing him visitation with the child, you are in contempt and he could likely seek a greater share of custody. If he is regularly missing his visitation with the child, he may be liable to you for an increased...Read more »
He's on the birth certificate but havent gotten it legitimate. I was a full time mom and he worked but I recently just got a job. Will the court system give him custody over me because I had no proof of work until now? How can I stop him from getting custody, the reason for separating he was... Read more »
If he is the biological father, you likely cannot prevent him from obtaining any custody. You can, however, likely prevent him from obtaining primary custody of your child. You need to speak with a local family law attorney ASAP to discuss the specific facts of your case and develop a case...Read more »
You cannot eliminate his monthly support obligation, because that is set by state law (there is a rate table that determines the specific child support obligation based on the two parents' combined income, and you cannot collude to get around this requirement). Having said that, however, you...Read more »
It depends, but most likely not. If your ex-boyfriend is the biological father, he has the right to legitimate the child and seek custody/visitation of the minor child (and he would also be obligated to pay child support, etc.). Unless you can prove that your ex-boyfriend having custody (or at...Read more »
Child Support Recovery is not directly concerned with helping you, but rather is simply concerned with helping the State recover mony from the child's other parent money that the State may have given you through various means (tax breaks, welfare, WIC, etc.). As such, they have very little...Read more »
I have been to court in Georgia and have had a judge review the case and make a ruling in my favor granting me full custody because the mother essentially abandoned us. She now wants my daughter to visit for a couple of months to Texas. Can she try to take the child from me based on the laws in... Read more »
This will depend almost entirely on the terms of your custody order. When you say "full custody", do you mean that you have primary custody and the mother has rights to visitation, or that the Mother has absolutely no rights to custody/visitation. Either way, you will need to honor the...Read more »
Mother has refused visitation several times willfully and with no reason to be concerned for child's safety. Many false allegations thrown our way out of anger. Screaming and cussing when trying to communicate with her. We want to file for custody but cannot afford an attorney. Afraid that she... Read more »
First, you may most certainly file a contempt action against the Mother for her refusing visitation and threats against you. Second, you may also file a modification action against the Mother seeking to have custody and/or child support changed such that you will now be the primary custodian and...Read more »
He went to jail for child abuse for one of my kids and the state closed my case. Since he's out of jail and on parole and working, can I put him back on child support even if he lost his rights to one of my children or just put him on child support for the other child he didn't lose rights to?
You may seek child support for both minor children SO LONG AS they have not been adopted by your new spouse (or by another third party), regardless of whether your Ex has lost his parental rights to either child. You will need to file a contempt and/or modification action in the Superior Court...Read more »
Not necessarily. If you simply sign your rights away and no one adopts the minor child (ex. your ex's new spouse or another third party), then your child support obligation will continue. If you sign away your rights and someone does adopt the minor child, however, your child support...Read more »
Everything you have described in your question are factual allegations that would weigh against the Father's character and abilities as a parent, but they are not legal impediments to him obtaining legitimization/custody. That is, they may make the judge hesitant to award the Father custody,...Read more »
Yes, you will need to file an Action to Legitimate against the mother regarding your daughter. Once you have legitimated your daughter, you will become a legal parent to your daughter and have all the same rights and obligations to your daughter as if you were on the birth certificate. A...Read more »
To have joint custody of the child, you would need to adopt the child. To do so, your sister would need to give notice to any potential parent of the minor child so that they may contest the adoption (failure to give such notice would make your adoption voidable by the potential parent) and then...Read more »
What do you mean by your "child support case", exactly? Are you in the process of a divorce or paternity/legitimation action, or are you in a contempt/modification action? Also, what do you mean by "fees have not been paid"? What fees haven't been paid (to the court, to...Read more »
You need to file a contempt action against the person obligated to pay child support, seeking the $19k in arrears plus your attorney's fees. You will need to file your action in the Court that originally granted your divorce or the county where your ex lives currently. As Julie mentioned,...Read more »
If by "stop order", you mean a formal order stating that your obligation to pay child support has terminated because your son has reached the age of majority, you likely do not need to file for any such order (assuming your current child support order states that your obligation...Read more »
You should likely file against him directly. If he wants to shift blaim and attempt to claim that his failure to timely pay his child support obligation is actually his employer's fault, he can try to implead them if he wants, but there is no reason you should do his job of defending himself...Read more »
It is okay to live with your new boyfriend. However, you need to go to Court and get your rights/obligations sorted out ASAP. You need an order stating who has primary custody of the child and who has the obligation to pay child support. Living without a formal order is only going to cause...Read more »
Yes, generally, a custody/support order may be modified at any time after an initial divorce order (or every two years after the first modification order). There will need to be a showing of changed circumstances (such as loss/reduce of income of either party and/or change in standard...Read more »
Yes, with a qualification. To accomplish this, the non-custodial parent will have to file a Child Custody/Support Modification Action, with the eighteen year old filing an "Affidavit of Election" (attached as an exhibit to the non-custodial parent's Complaint for Modification)...Read more »
Most likely no. When you were served with the Petition to Establish Legitimation and Custody, you were also likely served with a Domestic Relations Standing Order for your county. Said Standing Order most likely (I cannot guarantee since every County's order is different) prohibits you from...Read more »
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