When he lost his job he could have modified his child support using a legal aid service or representing himself. Now that he's been incarcerated, there is no timeframe for which they are legally bound to let him go. So he may sit in jail for awhile if he cannot satisfy the purge amount. They... View More

You've asked several questions here so I'll address the first question of how long does it take for termination. That depends on several factors, whether this is voluntary or not. If the guardian is willing to voluntarily terminate the guardianship they can simply give you the children... View More

The best advice I can give you is to hire an attorney. We can't see the order the court signed for testing. Therefore, we can't give you instructions on how to proceed regarding having the test completed. The father has an attorney, which means you need an attorney. Because I'm... View More

Reunification (getting your child back) is going to be a process. Most parents find this process a lot less frustrating when they have an attorney representing them. Without an attorney you may find social workers and attorneys for the state who do not want to communicate with you, judges who you... View More

If you need any support from your spouse you have to file for divorce. Only then can you get a court order for him to pay spousal support, child support, utilities, or any expenses he was paying on a temporary basis, until such time as the court can make a final determination on those matters.... View More

You can't withdraw from a temporary order. A temporary order is temporary. It is in place until the court can enter a final order. If there is something you want to amend on a final basis, you will need to convey that to the court at your trial or if you and the other party come to an... View More

You should consider hiring an attorney to assist you in settling your child support case. An attorney can help you come to an agreement on how much you would pay per month. And as long as your payments are being made, the state shouldn't be trying to garnish other monies . But since you... View More

You can always attempt to collect child support arrears, provided the state that governs those arrears does not have a statute of limitations that has run. However, it sounds like you have not had much looking using the Division of Child Support Services in various states to collect. Thus, you... View More

The father should hire an attorney and file an action to legitimize. In that action he should seek sole legal and physical custody of the child. Since he has been paying support and can show he’s been an active participant in the child’s life, it should not be an issue for the court to... View More

The first thing you should do is hire an attorney. And I'm not sure what you mean by fight for protection. If there is domestic violence and an ongoing threat, you should seek a protective order, which is a separate case altogether. If you were served with paperwork for a pending case, and... View More

There are income guidelines for legal aide services and sometimes a waiting list to accept cases. If you can't get a legal aide service to take your case you should contact some domestic attorneys and see if they will work with you and accept payments. Sometimes if you can get a lump sum... View More

In a contested divorce it is unfortunately irrelevant whether the Defendant wants to get divorced. If the other spouse filed for divorce and had you served, you should file an Answer, preferably with an attorney. Now that the children are in Canada, it is going to be difficult to get an order for... View More

If you were served with what sounds like an action to legitimize, you should hire an attorney to represent you. If there is a family violence issue, your attorney can make the court aware of that in your Answer. That may also come into play with the visitation the father is requesting from the... View More

First, I would urge you to hire an attorney and not represent yourself in this case, unless you are going through the Division of Child Support Services for this modification. A Domestic Relations Financial Affidavit is a document that outlines a parents income, expenses, assets and debts. You... View More

Per your statements if there are arrears of $7,800 and over $2,000 in expenses owed, that is worth you hiring an attorney to file for contempt. An attorney can obtain a judgment for the funds owed, and they can also assist you with post-judgment collections. Because it's not just about... View More

The court is going to look at his need, your ability to pay, and determine if they're going to award him any spousal supports, if he requests it. There is no statute or guideline as to exactly when spousal support is awarded. If you file for divorce, and he files an Answer asking for... View More

My best advice to you is to speak directly with an attorney for a consultation and provide the paperwork you are referencing for the attorney to review. They can then see if there has been a legal guardianship filed, adoption or just exactly what type of rights were given and/or relinquished.... View More

A judge is unlikely to dismiss a legitimation action by ruling on a motion to dismiss. Although you say you can't afford counsel, if the father has hired counsel, I would suggest you use credit, or anything you can to get the funds together to hire an attorney. If you do not consent to the... View More

If there is no court order granting guardianship or custody of any kind to the person who currently has the child, it is kidnapping if the child isn't returned. The mother should call the police if the grandmother refuses to return the child. And it doesn't matter who knows someone in... View More

If the opposing party has an attorney I would suggest you get your finances in order and hire one as well. To clarify, there are no pro bono attorneys. Some attorneys do pro bono work. Feel free to see if you can find an attorney to handle the case without any payment. But I would start looking... View More