You will need to file a Petition for Parentage. If you are on the birth certificate, both parents signed a voluntary acknowledgment of paternity. You must establish your rights in Court. By statute , the Mother has exclusive custody.
Yes. If your case is filed, there is an injunction in place that requires that she give you an itinerary and the information will be listed in your case pleadings. The injunction deals with "out of state travel." If no case is filed, parties can travel freely.
The remedies for his willful failure to pay support is contempt. Both civil and criminal. If you file criminal contempt, you must prove he willfully failed to pay and punishment is up to 10 days in jail for each payment missed. Have you tried the case against him for that yet? If you have a...Read more »
Yes. Your attorney can request injunctive relief in your divorce case. It will require you prove with an affidavit that facts and circumstances exist that create a risk of irreparable harm to the child. The Court will (generally) set a hearing within 15 days of the temporary injunction.
I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?
Its important that you complete a QDRO (Qualified Domestic Relations Order) for the 401K. It will Order a "mirrored account" be set up in your name and the money will transfer without a taxable consequence. As for the IRA, there is a form that the company can provide to transfer those...Read more »
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