Lydia Seifner's answer If there are no court orders giving him custody of the children, then yes, you can go get them. It's a civil issue because it is handled by the civil and domestic courts. Police generally don't like to get involved in domestic matters. So unless he is physically restraining you from the property withholding the children from you, the police probably won't be much help; at least not until after you've made and attempt to retrieve the children yourself.
Lydia Seifner's answer Yes, that is correct. Unless the parents are married when the child is born, mom has all the rights to the child until the father's rights are declared in court. Custody issues can be tricky so have the mother contact an attorney local to her to assist her in the matter.
Lydia Seifner's answer It depends a bit on how the daughter has moved out, if she is living in a dorm while attending college, but returning home during school breaks; the court will presume that the she is still technically living in the mother's home. However, if your daughter is legitimately living on her own, then you no longer owe child support to the mother. Contact an attorney local to you to be discuss your situation, and your options.
Lydia Seifner's answer The speed of a divorce depends on how cooperative the parties are with each other. If they are both on the same page regarding how to separate property and custody, then a divorce can be resolved in a little over a month. If however, the parties are fighting about the issues, then a typical case will take about a year, depending on the when your jurisdiction can provide a court date for trial. Have your boyfriend speak to an attorney in his area about assisting him.
Lydia Seifner's answer Your rights are entirely dependent on your marital status to the custodial parent and if there has been a previous court order that the other parent might be violating. There's not enough information here to give and adequate answer, so I highly recommend you speak to a family attorney in your area.
Lydia Seifner's answer There are quite a few questions involved here. First, and foremost the quickest you can be divorced is 31 days after you've been serviced, provided you both agree to the terms. If you suspect that her paperwork will not contain all the issues you wish to address, them make sure you file a response, so the Court has more than just the information she provides from which to make it's decision. Finally, wedding rings are typically viewed as marital gifts to the other party meaning it's hers to...
Lydia Seifner's answer Depending on when your husband was served, the time for him to respond may not be over yet. If the court hasn't provided a date for you, you can contact them and ask for a court date to be set. It will be easier if you have an attorney do this for you, especially considering your distance from the jurisdiction. I would encourage you to contact an attorney in Tennessee to assist you.
Lydia Seifner's answer You can't put anyone in psychiatric facility if they are mentally stable; it's a doctor's call to admit someone for treatment, not a parent's decision because they're mad at their kid. It just doesn't work like that. She can however, report you as a runaway and send you to juvenile detention. I would encourage you to speak to an attorney about seeking emancipation, if you've been supporting yourself for six months, you would qualify.
Lydia Seifner's answer If your mom tried to report it, it sounds more likely that your sister would be placed into a foster home instead of detention. If you are over 18, then you could be considered a placement option for your sister, so long as you can support yourself and her. Report the event to social services ASAP.
Lydia Seifner's answer There is no minimum or maximum amount of time a non-residential parent may be allowed to see his or her children. The court's take the parents' schedules and relationships with the children into consideration; and sometimes it depends on the judge's personal preferences. Many judges and jurisdictions are now moving towards some form of 50/50 as their default, so if you want mid-week or daily visits, ask the court for them. Also, keep in mind that most judges will approve an agreement the...
Lydia Seifner's answer You can file a family access motion with the court to get the court to impose sanctions on her and grant you make up time for the lack of contact. If the problem persists, you may need to speak to an attorney to seek a Modification of custody so that you have primary residence with the child.
Lydia Seifner's answer You cannot force a parent who does not want to see the kids, to exercise his or her time with the children. However, if it becomes a recurring problem, you could file a modification to change the taxes and child support to reflect the current parenting time. If you choose to do that route, talk to an attorney local to you to assist you.
Lydia Seifner's answer The first thing to do would be to ask the biological father if he would contest your husband's adoption of your son. If not, then an adoption would be very straightforward. If he would contest the adoption, then you a court would have to evaluate the strength or the parent -child relationship before making the decision to severe the biological father's paternal rights. Either way, talk to a family and adoption law attorney local to you to assist you in the process.
Lydia Seifner's answer Who gave your ex temporary custody? If it was the Court, then you need to follow the Court's orders and make sure to attend all of the other appearances to work out the case. However, if there is no order regarding custody, and the two of you were unmarried at the time the child was born; then the mother is the only one with rights over the child. You can simply go and pick up your son.
Lydia Seifner's answer Child support is to assist the parent actually caring for the child, if your ex is not housing the children, then there is no reason for him to be the recipient of the support. You will still owe support, but can have it redirected to the household's actually caring for the children, and sometimes to the children themselves. Talk to an attorney in the county where the original judgment was filed to assist you.
Lydia Seifner's answer Well, it depends on what you want to accomplish. If you are happy with the way things are, then no, you don't need a divorce. If either of you wishes to remarry, then yes, a divorce would be required.
Also, understand that if one of you were to get sick, the other would be in charge of any medical decisions; and if one of you were to die, then the other would be the inheritor of the deceased's estate. Marital status could also affect any state aid, or social security benefits...
Lydia Seifner's answer You will need to contact child support enforcement in may and fill out their forms for terminating child support; but otherwise you don't need to wait until October to file for termination.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.