I want to know how can I keep her with me permanently. She doesn’t like going over to the other persons house. She fights me because she hates it there. I just need help. The adoptive parent has never given me a dime for this child.
The only permanent solution to this problem is adoption. That is something you would probably need legal help with, particularly if the legal parents are't cooperative. It is possible to do an adoption even if the legal parents aren't on board, but it might require a trial, which can...Read more »
Yes. Any blood relative would have priority over an unrelated foster home. Your mother needs to contact OCS and request placement. They should place with her as long as she has a clean record. If they don't, she can ask the court to order it, and OCS would have to explain why she's...Read more »
If you haven't already, contact OCS immediately. Ask them for your child. If they say no, ask for a copy of the Petition they have filed with the court. Take the Petition to the courthouse, and go to the Children's office in the basement. Show them the case number and ask for the...Read more »
When you say non-custodial, it sounds as if you have primary custody (70% or more custody time). In that case, the other parent's visitation percentage does not change the support calculation (it's the same between 70 and 100% of the time). If the other parent wants the child support...Read more »
There is quite a bit of grey area in the answer to your question. The best practice is to work out your agreement and then submit it to the court to get an updated custody order. You may want to run the agreement by a lawyer before signing if you have any questions, and to help you put it into...Read more »
Of course, you should first do everything you can to reach an agreement. You can't just assume that he has to come back. If you're not going to live in the same state, then you'll need to find a way to share custody. Neither of you gets to just keep your daughter. If you...Read more »
The old custody agreement had split custody and talked about the details regarding pfd’s, taxes, sharing of address, daycare names, that sort of stuff. The new order gives me full legal custody and him supervised visits 3x a month in a public place for 4 hours each time. It does not discuss... Read more »
Normally a modification order only affects the things it addresses, such as the custody schedule. If it doesn't include a new provision for PFD's etc, then the provision of the old order would continue in effect. Most modification orders will state that explicitly, but if the other...Read more »
I have sole legal custody & primary physical of all 4 kids with my felon ex in another state getting visitation. My son & ex believe that I have lost custody in this scenerio & that I cant put my son into residential treatment or theraputic foster care (Im not comfortable with him... Read more »
Your rights have not been terminated, and your custody order remains in effect. Physical custody may have been temporarily given to the state (though there's a big difference between temporary detention pending trial, and being committed to a facility at the final disposition hearing). The...Read more »
You can either hire an attorney to draw up the paperwork or file it yourself using the resources provided by the court system. To make that decision, go to the court's website: http://courts.alaska.gov/shc/representing-yourself-info.htm.
Note that there is a phone number for the...Read more »
OCS is supposed to give preference to blood relatives. There's a streamlined licensing process for relatives. However, someone who already has a relationship with the kids should also get preference (this isn't a statutory right, but it just makes sense.) OCS is short on foster...Read more »
My daughter is 14, and visitation with her father is out of state, whenever he and I agree to. Since I have sole legal and physical custody am I able to designate in a will where she will live if something happens to me, or will sole custody automatically be awarded to her father?
The custody order only divides up parental rights between the two of you. If either parent dies, that division is no longer relevant. The surviving parent would have priority over any other person unless a court determines otherwise. That determination would have to be done based on the...Read more »
Yes, assuming your child support was based on an income calculation that deducted support paid to the child from a previous relationship. However, the $50 amount suggests that the payor's income is very low, so adding that previous support amount back into his/her income may not bring the...Read more »
I assume you're wondering about child support. That goes based on your court custody order, and it doesn't change until you get it modified by the court. If you don't have a court order, you may be able to do the modification through CSSD, if they're involved. The key point...Read more »
My ex has a drug problem and has been in and out of rehab multiple times. She has lost her government assistance and has no job to my knowledge. My 2 year daughter is picking up bad habits because my ex smokes weed, cigarettes, and possible other substances in front of her. My ex also has... Read more »
If you already have a custody order, file a Motion to Modify Custody. If you don't have a custody order yet, file a Complaint for Custody. The court system has forms online for this purpose. DR-411 is the Complaint, and DR-700 is the Motion to Modify.
I have custody of her but her father and I agreed to let her move to Washington with him. now she has run away and wants to come back. what are my rights as her parent and if I picked her up or flew her home would there be any legal actions he could take against me?
If you have custody under a court order, there would be little risk for you to fly her home. The important thing is to keep the father in the loop. Just keep your daughter safe and work together with her father. If you can't do both, err on the side of keeping your daughter safe. Just...Read more »
I had no intent to keep our daughter from her, and she knew that. But, when i let her take her for a walk the day after, she didnt come back. She took off and his from me and now is in another city. She filed for custody and child support. Is this legal?
Yes, it is completely legal. Until you get a custody order, you both have equal custodial rights. Hiding from you isn't a good thing, but since she filed for custody, you now have her address and a forum for determining how to arrange custody between the two of you. If you ask for it, the...Read more »
This may be a matter of policy at the particular college you pick. In general, until you turn 18 your parents have legal custody of you. This means they have decision making authority, and they are the ones who are supposed to sign admissions paperwork, etc. However, some organizations make...Read more »
We have had a child for 3 years since she came out of the NICU at 41 days. She was born addicted to heroin. Her mother has only seen her three times in almost three years. They have 15 months to show improvement. No relatives were found in Alaska to take her and out of the blue one shows up a great... Read more »
You should first do everything you can to work things out with the social worker. If possible, you should try to get the guardian ad litem to advocate in your favor. If you have no luck with the social worker, go up the chain to his/her supervisor, and on up. OCS has broad discretion to make...Read more »
It probably means the person who wrote the Answer was trying to sound legal. He/she probably meant "affirmative" defenses. Certain types of defenses need to be specifically listed in an Answer. If a party lists them, it just preserves the right to argue them later. However, most of...Read more »
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