Unless your court order states that you must be notified, the custodial parent is not required to inform you. However, good co-parenting would warrant that the custodial parent would want to inform you...in case anything happens with the child.
I called the police due to being in an emotional drunken state thinking he did it on purpose. I said I wanted to press charges but did not write a statement. Now that I’m sober the next morning I deeply regret calling the police. Is there any way to drop charges if I haven’t made a statement?... Read more »
If he wasn't taken to jail, the likelihood that any criminal charges will be pressed against him is very slim. However, if it happens that criminal charges are pressed against him, when the Assistant District Attorney reaches out to you, you can inform them that you don't want to press...Read more »
The non-custodial parent should file a suit to modify the current court orders on the ground that the custodial parent has voluntarily relinquished possession of the child. If the custodial parent had not show any intent to return or provide for the child's needs, 3 months is the requisite...Read more »
Today is 09/10/2022 and I received an “ATTY citation IV- D “that states I have been sued and expires 10 AM on the Monday next following the expiration date of 20 days after I was served the citation. The date filed is 8/9/2022 and it said it was issued on 8/15/2022. This is not correct this is... Read more »
You have been served with court documents and a citation. The citation states that you have until 10:00am on the Monday following the expiration of 20 days from the date you were served. If you were served with the documents today, then you have 20 days to file a "response" with the...Read more »
If you are unsure what your legal rights are, you should seek legal counsel to represent you in a suit like this one. At the very minimum, you should pay for a consultation with a family law attorney to discuss the case and determine if you really need legal representation or not. They may be...Read more »
"Wife" would have to prove that she was married to the deceased "husband". If she is successful, then she would entitled to inherit through intestate succession. If the home was purchased during the "marriage", then she could claim it as her homestead and continue to...Read more »
My brother has primary custody of my 9 year old niece. Her mother lives over an hour away and has standard visitation orders. My mother lives with him and my niece. His question was, if he is incapacitated for any reason, can he designate someone (my self, my mother or my brother) to act on his... Read more »
If your brother is incapacitated for any reason, whomever he wants to make decisions regarding your niece would have to intervene into their current custody case and present to the court why it is in the child's best interest that they are allowed to make decisions regarding your niece, over...Read more »
I paid a lawyer company more than $8000 to represent me, but the mother keeps adding things into the case, like a mental health exam, 2-3 interrogatories, and discoveries, etc. The company charged me for each of these, and now I am just about broke. I cannot afford them to be at the pre-trial, or... Read more »
Please do not give up on fighting for your daughter. Family law cases can be costly, so if there is any way you get the additional funds that you need to proceed with your current legal counsel, I would suggest you try. Also, maybe you can have a discussion with your current attorney and see if...Read more »
My daughter will be living with my aunt. She will attend school in texas and my aunt is asking that i sign a notarized letter to give up legal rights decision making of my daughter along with social security card.
You should certainly speak with an attorney before you proceed with this course of action. You want to ensure that you are not giving to your Aunt more rights or responsibilities for your child than you intend to in this situation. An attorney may be able to help you draft a document that...Read more »
The other parent does not see the children as often if at all, mainly around holidays (compared to when the order was first established). child support is not consistent and there is a large amount of back pay owed.
If your current court orders address claiming the children as dependents on your tax return, you can file a Suit to Modify Parent-Child Relationship and request a change to that language. in a suit to modify, you must be able to explain to the Court that there has been a "material and...Read more »
I’m legal father of my child, my name is on the birth certificate I been taking care of her. I’m not legally married with her mom. Few days ago the biological father appears! What I should do ? He said he wants to claim her o put his last name on the birth certificate. What I not agree with... Read more »
The biological father has rights to his child. He has the right to file a suit for paternity and if genetic testing concludes that he is the father, then he has superior rights to his child. The child's Mother has rights, so you may still be able to have some access to the child through the...Read more »
she had him served with c. support papers not custody and a TRO and now he cant speak to his daughters who he talks to nearly every day (one is 12 and the other is 6). Both children already get a check from ssdi and that amount will be going up since his oldest daughter ( from a previous... Read more »
I am unclear as to why he was also served with a Temporary Restraining Order (TRO). There should've been an affidavit include with the paperwork for the restraining order that explains what the allegations are for the TRO. When in Ex Parte TRO is obtain, a hearing must be set no more than 14...Read more »
The short answer is "yes", you can move away from the city you live if there are not any court orders. However, if the Father has a close and continuous relationship with his daughter (regardless if you ever lived with him), he could file a lawsuit against you and ask the court to either...Read more »
My friend if being sued for emotional damage and the Plaintiff requested a jury trial. My friend lives out of state. Can you do a jury trial by video conference or can he request no jury trial? He doesn't have the money to travel out state for a crazy lawsuit. They are suing for one million... Read more »
Unfortunately, if the law allows for a jury trial in this situation, the Plaintiff has a right to request a jury trial and the Respondent (your friend) does not have the right to request no jury trial.
Your friend could file a motion to appear via video conference, but if the court denies...Read more »
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