You should schedule a consultation and speak directly with an attorney to discuss this case. Because the advice given and the steps on how to move forward will depend on whether the mother consents to this change or not. This sounds like guardianship and not adoption. But even in a guardianship... View More

The husband of the mother is presumed to be the father if you were married when the children were born. But that presumption is rebuttable. But this cannot be addressed until you file for divorce. I will say that married parents have equal access to children born of the marriage until one of... View More

A divorce can only be filed as uncontested if both spouses sign all of the required paperwork. If you have an agreement that he will sign, you can hire an attorney to draft the paperwork for you. You should reach out to an attorney directly with more information, so they can determine the correct... View More

I'm not sure what legal options you mean. When someone chooses not to exercise visitation for any reason, there is nothing the custodial parent can do to make them, and they're not in contempt of court for not doing so. You can file for a modification to change his visitation if he... View More

Assets both you and your spouse accumulated during the marriage will likely be considered marital property, depending on the source. When you file for divorce, your attorney should go through the discovery process, collecting information on all assets that may be considered marital property, and... View More

If there is no case currently pending regarding the custody of your minor child, you are free to leave the state. However, you may want to consider filing for divorce. Because with you being married, he has just as much access to the child as you do. You would not be able to stop him legally... View More

You speak of the next court date, and I think you need a lawyer if you have an ongoing case. It would appear that maybe you are having difficulty presenting your case in court if you have not been communicating the issues you are experiencing when the father has visitation. If there is an order... View More

Legitimation is not a requirement for the grandparent to file for custody. If the child is actually their biological grandchild they could petition the court for custody. And I assume they think they have some sort of grounds for asking the court to grant them physical custody. If the child was... View More

You can file an action to legitimatize, and in that petition you can request that the Court order paternity testing. The Court will then sign an order for the parties to appear for testing and if the child is yours, you can move forward with legitimizing and in that same action, you can request... View More

If the previous action to terminate was closed, you will have to file a new action to terminate the guardianship and have the defendants served. Once they are served they may decide to agree to the termination, or they will file an Answer objecting to the termination, and the case will move... View More

Although you may object to the legitimation, if the Court determines that it is in the best interest of the children that they develop a relationship with the non-custodial parent, and he addresses the Court regarding his desire to become a part of their lives, the Court may still grant the action... View More

If you feel that your rights are being violated by the state, I would advise you to hire an attorney to represent you. There are attorneys who represent parents in cases such as this, which not only make sure that the social worker and the attorney representing the state handle the case... View More

I assume you know that Puerto Rico is part of the United States. However, the state in which you live now can take over enforcement of your child support, since neither parent lives in Puerto Rico. As far as not seeing your child, one has nothing to do with the other. Moving your child support... View More

The first thing you should do is hire an attorney and not file that modification yourself. The language an attorney can use is not the same as the language in the forms you will find online. And if a modification is not done properly and you don't obtain a reduction in support, you could end... View More

You should speak directly with an attorney who can provide a more accurate answer to this question. Because we do not know if he was required to provide you with a distribution in 2011, or upon retirement, or at a certain date. We also don't know what the order specifically says regarding... View More

If the mother believes your brother is the father she can open up a case with the Division of Child Support Services or hire a private attorney and file an action for paternity. The husband of the mother is presumed to be the father, however that presumption is rebuttable. And if your brother,... View More

Arrears do not disappear, even if you gain physical custody. Because arrears are past due payments, not current child support. Now if you obtained physical custody through a court order, then your child support order for future payments should have been dismissed. If you simply took physical... View More

Typically a divorce should be filed in the state and county where the Defendant resides. If you establish residency in another state and file for divorce, since it sounds as though this won't be uncontested, your spouse can respond and challenge jurisdiction and venue. Because the divorce... View More

It is unlikely the Court will order the parties to attend mediation again or that the opposing party will agree to mediate again. If there are issues that were not addressed, you can attempt to resolve those with the other side and come to an agreement. But having an attorney would have... View More

If a court has signed an order giving her father visitation, you will need to produce the child for that visitation, or you could be found in contempt of court. Only an order of the court modifying that will change your obligation to produce the child. Therefore, even if the child says they no... View More