Get free answers to your legal questions from lawyers in your area.
In Dec. I became homeless. After much thinking and crying I decided the best interest of the baby would be to let her stY with her sister til I could get back on my feet a little. But now she refuses to let me see her or give her back to me.
answered on Jul 5, 2018
Unless the child has been adopted by your older daughter, then your parental rights have not been severed, and you have a right to your child. Contact the police to help you retrieve your child; some jurisdictions will do this, some will require a court order first. Your older daughter was... View More
answered on Jul 5, 2018
If the child was born in your marriage, you are the legal father and have equal rights to the child, even if you are not the biological father. You should talk to an attorney local to you as soon as possible about pursuing physical custody of your son as part of either a legal separation or a... View More
answered on Jul 2, 2018
Just texting in general, no, that's not illegal. Sexting, however, depends on how old is the minor.
I haven’t seen my daughter for 3 years and we have a court order papers for when I’m supposed to see her. She won’t let Me see her. We live in the same town but she’s not allowed to look or talk to me. If I even look at the driving my by in town they flip me off and follow me home. I... View More
answered on Jul 2, 2018
If you have court orders for visitation and mom is denying that time, then you should file a family access motion to reestablish your previously ordered visitation. You may even need to file a modification for custody based upon parental alienation with therapeutic family counseling to reestablish... View More
The only thing is the parent had addiction issues, went to treatment and is in recovery. Has no legal issues, and is seeking out Continuing Care. The father gave up his rights. now the father's parents are trying to take guardianship
answered on Jun 27, 2018
In order for a non-parent to be awarded guardianship, they must prove that the parent is unwilling, unfit or unable to continue with the parental responsibilities. So long as you are willing, fit and able to care for your children, it should be fairly easy to contest the guardianship. Talk to an... View More
We never went i front of a judge and did any cusdody aggreement. I filed child support through court and they eventually started sending me payments.
We were never married.
He hasnt seen the kids in 6 months.
He is on the birth cirtificate.
Can i move out of... View More
answered on Jun 25, 2018
If you have never been to court, and have no custody agreement/orders in place; then you are the sole decision maker regarding the children and may move or go on vacation whenever you like.
My father just passed away from cancer. Years ago he had went to an attorney and had both my sister and I, transfer on death for his property and house. Well after he found out he had cancer and starting getting really sick and put on morphine my sister went to an attorneys office and had him draw... View More
answered on Jun 25, 2018
You can contest it, you'll want to talk to an estate planning attorney. Since your sister took advantage of your father's altered state of mind, you can plead coercion and get the second will thrown out.
MY WIFE AND I HAVE BEEN LIVING TOGETHER FOR MONTHS SEPERATED BUT NOT LEGALLY SEPERATED. SHE HAS BEEN IN TROUBLE WITH THE LAW. HAS BEEN ARRESTED 2 TIME IN THE PAST FOR MONTHS. THE CHARGES PENDING AGAINST HER ARE DWI, FIRST DEGREE BURGLARY AND ASSAULT IN THIRD DEGREE. HER COURT DATE IS JULY 11... View More
answered on Jun 22, 2018
If you have no court order for custody, you each have equal rights to the children. So you may move with them, but she may also come and reclaim them. Talk to an attorney local to you about getting a legal separation with temporary custody.
My daughter has no place to live, she's been homeless for awhile. She has dcf cases in 4 different states. She has anger issues, mental health issues, and a drug problem. She was incarcerated on June 10th for assault and possession of maijuana and the baby came into my care. My daughter has... View More
answered on Jun 22, 2018
You will need to seek guardianship over the child. Some counties will have forms for child guardianship on their websites, but it is best to talk to an attorney local to you to assist you,
My daughter turns 17 in two days and is planning on moving out without our consent. She is already packed and just waiting for her birthday. She has stuff packed that I don’t want her to take (not hers). What does she have legal right to take? Or, what do we legally have to allow her to take.... View More
answered on Jun 21, 2018
Until she is 18, she does not have a legal right to leave against your wishes. That being said, even if she were 18, she would only have a legal claim to her clothing and toiletries, items she purchased, or items that were given to her as a gift. She would not be able to take furniture or bedding... View More
My daughter died in 2004 from accident, she was never married but has a son, she lived with me before having an accident, and after being paralyzed, the child's father is on the birth certificate he never paid child support when my daughter died the order died also is what the state told me,... View More
answered on Jun 18, 2018
If he was never declared the legal father by a Court, he has no say over the child now. However, you should still obtain a guardianship over your grandson if you have not already, which will allow you to get a passport for him. When your grandson turns 18, he is the only one with access to the... View More
Out mom knowledge what can she do
answered on Jun 15, 2018
If the parties were not married when the child was born, then dad has no rights to the child, and mom is the sole legal decision maker and custodian. She can call the police and report a parental kidnapping.
Is he able to leave legally at the age of 16 with out having to go threw an emancipation?
answered on Jun 13, 2018
No, he will have to be emancipated or have his parents' permission to live with you. If you believe his parents are unwilling or unable to care for him, you can seek a temporary guardianship over him, but that will have to be done in Colorado.
how do i go about getting visitation with my son
answered on Jun 12, 2018
If you don't currently have a court order for custody and visitation, then she can deny you time when ever she wants. You should talk to an attorney local to you as soon as possible about seeking a Paternity action or a Declaration of Paternal Rights, so your time with your son is enforceable... View More
I have 50/50 custody of my 7 year old son with my ex wife. We exchange our son every Sunday. I am ordered by the court to pay child support. For the past 6-8 weeks she has been in the hospital. She did not notify me of this, but because we live in a small town, I find things out. One week was even... View More
answered on Jun 12, 2018
It would all depend on whether or not she is permanently unable to care for the child or if she will be able to make a sufficient recovery. If she is permanently unable to care for your son, then you have grounds for a modification, however if she is simply ill temporarily, then the court is... View More
My ex’s girlfriend is stepping into our custody arrangements. She asked my daughter if she’s want to stay for a week while she’s off work. They didn’t tell my daughter her dad still has to work. My daughter thought she’d have a week with her dad. She’ll only see her dad briefly during... View More
answered on Jun 12, 2018
Your daughter cannot make the decision to not go; however if the week was an extra visitation and not part of the custody agreement, then you can deny the time on her behalf.
Everybody keeps telling her she can. I need to know what the law says about this. It was court ordered that I have custody until the age of 18. Her grandparents keeps telling her it doesn't matter what me or the papers say, that when she turns 17 she can move out.
answered on Jun 11, 2018
No, she cannot. Unless the court orders a change of custody, or grants her an emancipation, then you have custody until she is 18. If she tries to move out before then, she will be considered a runaway.
How do i ask the judge for a higher level of security? The circuit clerk recommended writing a letter? Or is there a form I could fill out? How likely will the judge rule on sealing the case?
answered on Jun 6, 2018
You have to ask the judge for a higher level of security, and you will need a very good reason for it.
My brother is incarcerated and signed POA to me. The Division shut me out of the last FST meeting and said I am not party to the case. I have set in on every support team meeting with my brother until he had to do his plea. They have broke every rule in the book in his case. It is criminal!
answered on Jun 4, 2018
No, they don't have to acknowledge it. Power of Attorney is a private decision someone makes to allow another person short-term decision making authority over their legal affairs. In order for a parent to grant a third party temporary custody over a child, they need to appoint a guardian... View More
for 2 yrs now. I cannot get any kind of legal help from legal services because of funds. Father does not provide any support instead the state helps me. Ex in violation of court order . Court order was done in Alabama and later transferred to Missouri. Child's father does not reside in either... View More
answered on Jun 1, 2018
You will need to seek a motion to relocate, and likely modify the current order. This shouldn't be too difficult if he has not been involved in the past two years. Talk to an attorney local to you about the motion to relocate.
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.