Christopher Fink's answer Assuming he also signed the affidavit acknowledging paternity then there is a "presumption" of paternity with the ex. A "presumption of paternity" is not a declaration of paternity. A judicial determination of the father-child relationship must be established to determine each party's parental rights and obligations. As it stands, Father's rights at this time would be unenforceable. Most law enforcement agencies likely will tell either party that it is a "domestic matter" and won't get...
Christopher Fink's answer If the parties agree on how to divide all of their assets and debts as well as all other issues, such as parenting time and child support then it would be relatively quick. Assuming complete cooperation by both parties a divorce can be finalized within 6-8 weeks. However, if there is even one issue, such as child support, then it could last many months.
Christopher Fink's answer You will need to file a Petition for Guardianship. The burden of proof will be on you to prove that both parents are unfit, unable and unwilling to provide for the child, which it sounds like you certainly can prove. Then the court considers the best interests of the child as to the proper guardian.
Christopher Fink's answer There are several factors the court will use in forming a parenting plan that is in the child's best interest, including the wishes of the child. There is not a statutory age in which a minor child gets to choose where she lives, however as the child matures, the Court will certainly consider the child's wishes and the reasons behind those wishes. So even though a 12 year old says they want to live with Parent A or Parent B, the more important question is what are the child's motivations to...
Christopher Fink's answer It depends on the violation and the Judge. For example, if someone on probation violates for the same offense that put that person on probation, then the Court is likely to look at it more harshly. Some Judges have a zero tolerance policy, but others may allow a defendant to remain on probation. There are generally 3 outcomes with a suspended imposition of sentence probation...1) The Judge can continue you on probation under same terms and conditions or impose additional conditions, such as...
Christopher Fink's answer Yes you can have the court modify the existing judgment so long as there is a change in circumstances that is substantial and continuing. In order to do have a Judge consider changing the existing plan, you'll need to file a Motion to Modify. But it will take time to get a trial date and go through the litigation process.
Christopher Fink's answer Your first step may be to file a Family Access Motion. This is a potential self help remedy as you do not necessarily need an attorney to file the motion. The court will expedite a hearing and can grant make up time and can impose a financial penalty to her. However, if you want to modify custody, you'll need to actually file a Motion to Modify Child Custody and you will need to hire an attorney unless you know how to represent yourself.
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