Kim Ebert's answer Many attorneys, and I’m assuming local to you too, provide free consultations. Also, check with the local legal aid. Child custody situations can be stressful, but a competent local attorney can ease the stress. Good luck.
Kim Ebert's answer A parent generally does not lose parental rights without a trial, which would mean the case was well along procedurally. If there was a trial set and you failed to appear, the clock is ticking fast on your time to challenge the result. I agree with the other attorney. You need to consult with someone.... and quickly.
If he's like a typical 16 year old keeping his attention, especially with alternating weekend visitation is particularly hard. He's not going to be this young forever. This isn't legal advice, but..... every second you can spend with him, like in the confines of an enclosed automobile's space, is another second you have time with him. Just a thought parent.
Kim Ebert's answer Was the child born into an intact marriage? In other words, were/are you married to the "nonbiological" father at the time your son was born? You should consult with an attorney for options.
Kim Ebert's answer No, but it's a good lesson in doing a background check and knowing the person you're about to intimate with. And as the other lawyers suggest, the "other woman" may be dragged into a nasty divorce .....
Kim Ebert's answer Well, as an attorney noted this was posted from Louisiana. The good news is that as it appears the child's father - whether or not he's the biological father sounds to be irrelevant from what you've written - it sounds like the father and the child's primary residence is in Georgia. Georgia has specific law regarding a child's desires of where to live after a certain age and whether or not the Court will consider them. Whatever the situation, you need to consult with a competent attorney...
Kim Ebert's answer The law changed some time ago regarding the procedures related to legitimization of a child and your acknowledgment may fall within the old law. At any rate, your issue really is a procedural one. That's where a lawyer comes in. You can spin around trying to figure it out, or pay someone a fee to figure it all out for you, frame the facts in an efficient manner. Money up front always saves a LOT in the rear. We went to school for this stuff.
Kim Ebert's answer You may consider filing a Petition to declare the child a delinquent. Talk to a competent attorney, many will charge a fee for a consult. But it is certainly worth it to have direction and options even if you don't retain the attorney.
Kim Ebert's answer Uh, you should not just leave the State with a child, even if there's not a pending action. Jurisdiction lies where a child has lived for the past 6 months.... it's the "Home State" of the child with all the attendant legal ramifications.
Back to the facts of your case which have nothing to do with leaving the state, since you want to stay in the same "school district," it's still best to keep your ducks in a row with the aid of an attorney. Timing is everything. Talk to a competent...
Kim Ebert's answer Your question involves a legal concept called, "standing." You don't have standing under the facts you've outlined to interfere with the father's parental rights. But if by "mistreating" you mean neglect, then perhaps you may talk to DFCS if the facts are serious enough. If it's an outright safety or the child is in danger issue, call law enforcement.
Kim Ebert's answer No. A person doesn't have to "cooperate" with anyone or any agency. Whether you should, if it's in the best interests of the child or in the defendant's best interests are other questions.
Kim Ebert's answer I agree with the other attorneys. The Court's going to want to know a lot about this difficult situation and you walking into the Courtroom and skipping down "babble street" is an almost certain trip to no-go.
Kim Ebert's answer You don't have to listen to her. But you certainly shouldn't be telling her that. Just don't listen. Ask yourself, what's it worth? If you can give up the time, then it may be worth not fighting about it. In my experience, if 2 parents can't get along or there's a step-parent in the muck, adhering to the visitation plan is imperative. You may consult with an attorney about how to deal with like situations in the future. Paying for a consult now is much better than a court fight later,...
Kim Ebert's answer If your fiancee isn't working, he has time to go sit at the Child Support Office and deal with this. Insofar as threats, if they're physical or verbal, and in particular in front of the child, he may want to consult with an attorney too.
Kim Ebert's answer You should look at the cost and utility of your issue. What's the system worth now? Where are you procedurally with the pending divorce? Have you gone to mediation yet? First, don't loan her anything else obviously. Second, if you have an attorney, shoot her an email - short and to the point. I'm more concerned with why this divorce has been pending for a year and you're worried about a Playstation. Get the divorce done.
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