Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address... View More

The short answer is the referee was probably right. Just because a party appeals a decision doesn't make it wrong. Let the process play out. It's hard to imagine you could be ordered to carry this insurance, particularly if you have not formally adopted these kids.

What this all... View More

No, for two reasons: 1) a written statement means nothing without the ability and willingness to testify in court. 2) Due process requires all litigants and opportunity to confront and challenge adverse statements.

Life changes and amendments to parenting time orders are common. In an ideal world, when you discussed the wrestling enrollment, you would have agreed to enrolling him with the stipulation that you'll amend the order to include a limit to how much you will drive to sporting events. At this... View More

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

What does leaving your daughter in the hands of someone not verified mean? Do you want a court order that your daughter may not be left in the care of any third party without your agreement? You can certainly ask for such a court order, but whether you will get such relief depends on what kind of... View More

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

Possibly. The judge will be interested in all relevant evidence pertaining to the 12 best interest of the child factors.

You'd be best off to wait until all of your criminal matters are complete.

Unless there is a step-parent adoption, or you can get the father to agree to no support, there will be a support order. The law and public policy prohibit you from simply terminating your rights as an end-around to a child support obligation.

You should consult with an attorney and see if a federal issue is present in your case. Otherwise - and realistically - it is unlikely any court will overturn this decision.

The question more so is whether the termination has been finalized. If that is the case, then it seems there would no longer be any legal prohibitions on you seeing the kids. Depending on what allegations substantiated termination of your rights, I suppose the father could be risking CPS... View More

First things first: yes, she can leave. While he may be the legal father, the mother has initial custody.

She should prepare to leave when it is safe to do so (e.g., has some place to go).

How long has this been going on? Have you considered petitioning for custody / guardianship?

Not easily; And I'm sorry to hear the circumstances, which must be hard to see as a loving grandmother.

Unless and until the mother's parental rights are suspended or terminated, you have no real leg to stand on. I take it from the tone of your question that you do not have a... View More

You could try, but I doubt a prosecutor would want to charge something like.

You need a court order. The police will otherwise not interfere.

Your best course would be for whomever has custody of the child now to seek either third-party custody or a guardianship. The POA is a voluntary thing, and even with one in place, it would not prevent a parent from picking up the child whenever. Is there a CPS case pending? If so, all this would... View More

You can file a motion regarding parenting time, citing what you just stated here. Specifically, that he doesn't use his parenting time, shifting everything to his mother. I would help to get a copy of that police report from the state police incident.