The dad is on the birth certificate but there's never been anything that's gone to court and there is no arrangement. He also signed a piece of paper giving me more custody when I had to get medical assistance. My son is 10 now.
answered on Nov 1, 2022
If never married, and there is no adjudication of paternity, the mother has sole physical and legal custody. The father has no child support obligation and no right to parenting time, unless and until a court orders it.
answered on Jul 23, 2022
If the issues is not addressed in the decree, IRS rules govern. The parent with the child the majority of the time gets to claim the child. If both parents have equal time, the parent with higher income claims.
A guardian, his mother does not work, and really does not provide for him.
answered on Jul 14, 2022
You could bring a motion for custody as a de facto custodian, if you’ve cared for the child at least six months in the last 24 (need not be consecutive), however the statute also requires that you be the “primary” caregiver. If the child is with you on weekends and with mom during the week,... Read more »
If my kid's mother withholds her is that considered contempt of court My daughter is 11 is she allowed to choose whether she comes to my house or not
answered on Jun 22, 2022
It isn’t generally handles as a contempt issue at this point. You would bring a motion to enforce the decree. If she still withholds her, you could then seek contempt.
You can also ask that she be ordered to pay your attorney fees.
answered on May 29, 2022
It depends upon the language of the Judgment and Decree. If it says nothing, you are generally free to take them. The Decree may still require you to notify the other person and provide contact information for everywhere you’re staying.
Mom changed her mind last minute and is bringing her to grandmas house. Is the dad able to legally have that custody time if the mother is out of state for that week. There is no court ordered custody agreement.
answered on May 7, 2022
If there is no court-ordered custody or parenting time, dad has no legal rights to time with the child.
I have legal and sole custody of my daughter
I was never married assign the recognition of parentage a s with his mother child support has been established but yet she's making me go to someplace safe and pay to see my son she's mentally emotionally abusive my son is petrified of her puts me in jail as she lies to law every
answered on Apr 22, 2022
I am assuming that child support was formally established via a paternity order. Did the order also grant parenting time? That will control what you can and cannot do as well as how much time you have with the child.
If there is no paternity order (and child support is thus informal), you... Read more »
Parents are considering divorce. Dad wants max parenting time. Child just turned 1. Would the courts allow the child to have overnights with dad at his new place while the child is still so young?
answered on Apr 15, 2022
There is no prohibition on such overnights, so they are allowed. The question is whether they are advisable.
My ex and I broke up after he assaulted me and broke the order after being released from jail. He claims I destroyed his things and moved in with ex and got an order for protection against me. Can I move states with my kids legally? He has domestic abuse charges and drug and alcohol problems. He... Read more »
answered on Apr 15, 2022
Your info says you are in Indiana, so Minnesota law isn’t applicable.
That said, in MN, if he has court-ordered parenting time, you cannot move out of state without his agreement or court order.
If my boyfriend signs my son's birth certificate and the recognition of parentage could the other possible father of my son (who is in prison mind you) make me get a court ordered paternity test taking my boyfriends rights to my son away if the other guys test comes back that he's his... Read more »
answered on Apr 11, 2022
Yes, the other possible father could bring a paternity action. Signing the ROP is not a legal adjudication of paternity.
Can't get complete question in on prior page. Per father's Will all assets went to his surviving wife. His wife passed away and she has new will where all assets go to here 4 children, all sons on father's Will were removed. In short instead of assets being split between 8, now all... Read more »
After mediation I'm required to let her father "schedule and facilitate" medical and dental appointments. We live 150 miles apart and it seems ridiculous that her primary care provider would be in his city, hours from where she lives. Since I have full custody I get to pick where she... Read more »
answered on Dec 8, 2021
Mediation is non-binding. Unless you signed an agreement that has been entered by the court, nothing has changed your ability to schedule such appointments on your own.
My ex and I have a now 9 year old daughter that he has had very little to do with. He has not made any attempts to see her in over two years. Last spring we had a very nasty dispute over taxes as I discovered he had been claiming her every year saying she lived with him half the time (lie). I had... Read more »
answered on Nov 11, 2021
It sounds as if you were never married. Was there any adjudication of paternity? If not, he has no right to claim her.
Going forward, the judge can award the exemption to you alone. Based on what you’ve said, that seems appropriate.
If the decree doesn’t address taxes, IRS... Read more »
The paternal grandmother of my daughter has custody right now. Over 2 years ago, the court granted me visitation, but she has refused, and/or made it very difficult. She has emotionally abused me and alienated my child from me for 2 years now. I am not allowed to talk to her, send her gifts, I got... Read more »
answered on Nov 2, 2021
You bring a motion in court asking that the parenting time schedule be modified.
I agreed to pay an additional $200 per month ($2,400 /yr) based on the cost of $4,800 per year for [our son's] special needs summer camp. However the invoices from [the special needs summer camp] were 2019: $3,600.00, 2020: $0.00, and 2021: $3,120.00 resulting in an over-payment of $3,840.... Read more »
answered on Oct 27, 2021
You are not obligated to pay anything not ordered by the court. If the agreement was voluntary, you can stop the payments at any time. You may also suggest that she use the overpayment to cover camp going forward.
I do family law, not criminal, so I cannot address that question.
answered on Oct 15, 2021
I’m not sure what you mean be representation, but a power of attorney form will allow a person to grant decision-making power to another.
Hello, I am in the middle of a child support fight. Deciding how much money is owed to the other. Two kids involved. One of the parents works in the restaurant field and makes tips. Not all tips are included in the taxable income.
answered on Oct 1, 2021
Tips are included (and taxable). Bank statements can be requested in discovery or subpoenaed.
From the start my kids have not wanted dads gf and kids with on their supervised visits, but he Dosent care or acknowledge their feelings/wants. Situations keep happening & things keep getting worse and he will not remove the problem for the sake of his kids. What else can I do for my kids?
answered on Sep 25, 2021
It depends upon what restrictions are put in his parenting time in the divorce decree. If it doesn’t prohibit his GF and kids, he can bring them unless you bring a motion to modify and can demonstrate that a prohibition is in your kids’ best interests.
answered on Aug 25, 2021
I assume that the attorney also told the court. The court will likely reschedule it for a mutually-agreeable date.
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