Your question is unclear because I don’t know what equal rights are. You can obtain joint legal custody of your child, and one parent will be final decision-maker if both parents can’t agree. Physical custody if rarely “equal” as it’s difficult for the court to split time equally. But... View More

That depends. If there is a custody order, you would need to file a contempt action. If there is no order of custody, you would need to petition the court to establish one. That can be done through a legitimation action if you and the mother are not married or a divorce if you are.

If you are married you should file for divorce if you want some form of custody and/or visitation. If you’re not married you will need to legitimize. But it’s unclear how she can threaten to take custody unless you are the parent who has custody right now. And if that’s the case, then... View More

If you were not married when the child was born and have not legitimized, then the father has no rights. The mother can take the child anywhere she wants and the father cannot stop her. Only when the father files to legitimize and has the mother served, will that prevent the mother from taking... View More

If you are the father DFCS will not give you custody even temporarily until you legitimize. Therefore, yes, the juvenile court will allow you to legitimize the child and sign an order, should they decide too, so that you can be awarded custody.

There is way too much to unpack there without details.

First of all, if anyone is under threat then law enforcement needs to be called if only to ensure safety AND create a neutral witness to any child related issue.

A lawyer will need to obtain substantial additional details... View More

If she becomes voluntarily unemployed there is no way to say how that will impact her custody or the fathers visitation. Her loss of income could cause the other party to take her back to court and ask for a change of custody. No longer having the financial capability to support the child could... View More

If the father has never legitimized the minor child, you can voluntarily sign guardianship papers. Then you will need to follow the process to make the paperwork legal. It's best that you and the guardian speak with an attorney and have them draft the paperwork for you. They can also file... View More

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answered on Nov 28, 2023

In a custody battle, the primary concern is always the best interest of the child. If you believe that the actions of the other party are not in your daughter's best interest, it's important to address this through legal channels. Discuss your concerns with your attorney, emphasizing the... View More

You can obviously make any allegations you want, the same as she. Whether the court will consider those allegations cruel treatment is up to the judge. At this point since you have completed some form of discovery, I would focus on preparing for trial. And if you can't hire an attorney, the... View More

You may qualify for a divorce by publication if his location is truly unknown. However, with a divorce by publication the court is limited on the issues they can decide and often will be prohibited from making determinations on issues such as child support and equitable division if there is no... View More

You have an attorney. You should be discussing any issues you have with any orders and the outcome of your case with your attorney. Another attorney can't even represent you while you have a current attorney on record. Sit down with your attorney and discuss what happened in your case.

If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will... View More

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answered on Nov 12, 2023

Unfortunately it can be very difficult to find an attorney willing to take on a family law case pro bono or for free. However, here are some suggestions that may help:

- Contact local legal aid organizations in your area - they sometimes take select family law cases for free for low income... View More

I'm not sure what your question is, based off of what you have written. The mother does not have to provide you access to a baby that is not biologically yours. However, if there is another child or children that she is denying you access too, you can take her to court to request visitation.... View More

Guardianship paperwork that has not been made an order through the court is not enforceable. So yes, the parent can come and retrieve the children because you don't have a court order, even if the paperwork is notarized. You need an order giving you guardianship. And you have to go through... View More

Schools will typically want a court order in order to allow you to enroll the child. A physician will likely want an order in order to let you make medical decisions for the child or schedule an appointment. You will need guardianship papers that have been filed and signed off on by a judge.... View More

You can always choose to represent yourself. But I'm unsure why a pro se litigant, who is unfamiliar with the laws regarding custody & visitation would choose to represent themselves.

You said that the children were left with you, but it is unclear whether there was an order awarding you custody or guardianship. I think you should speak directly with an attorney so you can provide more details about what rights you have to the minor children, then that attorney can determine... View More

As you don’t have an attorney I would highly suggest you retain one. Then explain in more detail what the issues are in your case regarding mediation and the agreement. If you no longer want the agreement to become enforceable, you need to move quickly to make that known to the opposing party... View More