Ex filed for a change of custody, along with my response to his change of custody should I also file a counterclaim to have my own issues addressed since I am already going to be back in court due to his change of custody? If I only file a response, will the Judge also listen to my requests to... View More
You should hire an attorney. The attorney can discuss whether you should file a counterclaim, the matter of potential attorneys fees in a modification action, your answer and how to move forward in defense of this action. We cannot give you steps to represent yourself effectively through this...View More
The grandparents can give you the children back voluntarily at any time. If they refuse to return the children, you would have to take them back to court, file the necessary paperwork, and have them properly served. Once they are served, the case will move forward through the courts. Speak...View More
If your spouse will sign paperwork it could be an uncontested divorce, which will reduce the costs. But all the necessary paperwork must be signed and it must be filed as an uncontested divorce. If it is contested, you could still keep your costs down with the right attorney. Speak directly with...View More
My best advice would be to hire a private attorney to file a child support action. They can assist you in locating the defendant for service, which will move your case forward. They can also assist with setting up service if that becomes necessary if the defendant can't be located at a job...View More
I would speak directly with an attorney and take all of your divorce documents with you. Then they can determine exactly what you orders state. However, absent viewing those documents, if the custodial parent has plans to move out of state, the notice requirement is put in place to give the...View More
My best advice would be to hire an attorney and have them file your Complaint for Divorce. I would not advise you to represent yourself. If you are seeking primary physical custody, especially if you are seeking sole legal custody as well, you are going to have to put on your case in chief to the...View More
I would urge you to hire an attorney to represent you in a divorce proceeding. First it has to be determined who is going to be awarded the marital residence or if the marital residence is going to be sold. Then you can determine how the equity is going to be distributed. If the marital...View More
Grandparents can always petition the court for visitation. Whether they get it or not will depend on what the court thinks is in the best interest of the minor child. But certainly they can file for visitation and have the adoptive parents served.
My niece is currently living with her dad. He has full custody of her. Her mother (my sister) is currently serving time in prison. For the last few months (since January 2023), he has made an effort to not let me see my niece. it has been months since she has seen my side of the family. Though my... View More
Legally he controls who sees his daughter. If anyone on the mother's side of the family wants visitation, they can take the father to court. But other than that no, he doesn't have to allow anyone to see his child if he doesn't want too, without a court order, forcing him to do so.
You will need to get an order from the court if the mother refuses to sign. Without a consent from the mother or an order you are right, you do not have guardianship. And as such, the school might not allow you to make decisions on behalf of the minor child.
Wife and I have been physically and financially separated since June 2021 and still working out paperwork for divorce filing. My mom passed last year and I received the trust proceeds this year. I used some of these proceeds to go 50% in on a lake house (sister putting up the other 50%. We are both... View More
If neither has filed for divorce, you were still married and not even going through a divorce when the property was purchased. When you say "working out the paperwork" I assume you are trying to file this divorce as uncontested, which means both parties will have to sign all the...View More
You should hire an attorney, that’s the best advice I can give you. An attorney can research the case to determine if you were properly served. If you were properly served according to the law, your failure to appear will likely stand. If you were not properly served the order can be...View More
You should speak directly with an attorney. Because we cannot advise you to simply go pick up the child without knowing where and from whom, as the situation could pose a danger. You could involve the police and have them meet you to pick up the minor child with a copy of your court order. But...View More
Hire an attorney to represent you. A lot of matters will not move forward without proof of service. Not knowing more information about what type of emergency action you have, it is likely that the other party should be properly served before the court will take up the matter.
If you were not married to the father when the child was born and the father has never legitimized and been given custody of the child, then he is kidnapping if he does not turn the child over to you. Without marriage at the child's birth or legitimation the father has no rights to the child....View More
Lawyers are not "pro bono" lawyers because no one could work for free all the time and pay their own expenses. There are attorneys who do some pro bono work. I would suggest contacting a local legal aide if you're looking for a place to get free legal assistance.
2012 in PA dad filed for custody. "Settled" outside of court. Order states (in dads writing) mother will have PPC . between age 3-5 father has right to assume PPC. Once child reaches school age, parents will come to new agreement as to whom has PPC. Child lived w/ mom and both moved... View More
If there is an order from PA, even if it was settled, the settlement should have been made a part of the final order. When you say settled out of court, was the case dismissed? Because if the case was dismissed and there was never an actual order signed by the court, then there is no order that...View More
What you need to file depends on how temporary custody was provided. If we are talking about temporary guardianship and there is an order, then you need to file to terminate that order. And paperwork can be drafted to terminate and signed by the guardians and the parents. If there was no order...View More
May I ask the judge for her to answer in court that day on the stand to answer all 42 questions in front of judge since I am representing my self? How do or what website / link may I know if my Ex is work, have a job or if she on unemployment? May I allow the defendant to speak 1st in court,... View More
If you are representing yourself an attorney can't give you step by step advice of how to present your case in chief at trial. You are expected to have the same knowledge as an attorney when you are a pro se litigant. And no, the way to address someone not responding to discovery is not to...View More
He had 2 strokes and is disabled but can be very mean. He tells me he will commit suicide if I leave him. I am trying to go move in with my adult daughter 1200 miles away but I need the funds from the house sale to help me start a new life. I lost both of my parents in the last year and am in... View More
You should not dispose of any assets such as a home, prior to the filing of a divorce. If you want to be able to sell your home, you need to file for divorce and allow the court to determine whether the residence is separate property or marital property, which will allow you to sell, should the...View More
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