I hate to be the bearer of bad news, but there is nothing that can be done to make him stop using (abusing) the court system. In most counties, family division cases stay with the same judge; some counties also have referees, who are assigned to specific judges. Over time, if this guy's claims... View More

Unless you do something about this, I'm not quite sure he will. You are the one who should be filing a complaint and seeking a divorce. There is nothing the police or you can do, as there are no court orders in place that are enforceable. Consult with an experienced family law attorney to get... View More

Assuming you are the custodial parent and are dropping the child off for parenting time with the father, the state cannot force you to stay while the parenting time is taking place, unless there is a restriction in the parenting time order. I hope this answers your question, because it was a bit... View More

It would be a wise use of money to sit down with a local attorney knowledgeable about guardianship so that he or she can explain the situation. If this is a guardianship, you do have rights. More importantly, you also have responsibilities, which if you don't do, you could find your parental... View More

There is no age. Courts will not allow a child to control the issue. The courts willing give more credence to the comments of a 16-17 year old than to those of a 8-10 year old.

If you received paperwork from the Friend of the Court then obviously a divorce action or some other court action was filed wherein you will be required to pay support retroactively. I suggest you take that paperwork to an experienced and knowledgeable family law attorney.

Yes he can. Because a custody order has never been issued, he has a clear path to the court making a custody decision using the Best Interest of the Child factors. This is not saying - at all - that he will be successful in his efforts, but he can and will get a court hearing.

No; each can be tested independently.

Generally, both parties to a custody or support case are required to keep the Friend of Court notified of address changes. Even if that hasn't happened, that alone does not negate an order.

Do you have a current custody order? Depending on what is really going on (I'm quite frankly astonished that a 5 year old could weigh 210 pounds), this could present substantial cause to warrant a custody change. If you don't have a custody order, you need to make that happen. Being in... View More

The father in your scenario would be called an unknown or putative father, and would have no rights until recognized by a court or through an Affidavit of Parentage.

You (assuming that you are Mom) have no legal obligation to establish paternity. That obligation changes, though, when you... View More

Unless the 17 year old was taken to Puerto Rico and is being held by his father against his will, your chances of custody at this point are between slim and none. Your son is almost an adult, at which point he could very well decide to hop on a plane back to Puerto Rico anyway; or, he may decide to... View More

You may file a motion for change of custody. He (and you) should realize that if he is sent to jail without making suitable arrangements, CPS will be involved.

Are you under a limited guardianship plan? If so, you need to ensure that you've complied with it, and then file to terminate it.

If this is a situation where you just allowed your parents to take your son without court involvement, and they didn't and won't file for... View More

Yes, they (mother or DHS, through the county prosecutor's office if on state assistance) can file a paternity and support action naming you what is called a putative father. You then have the opportunity to establish that you are not the biological father - typically done through a DNA test.... View More

I don't wager on child custody, and neither do family court judges. But it does sound like you have a strong case for custody in general.

Do you already have a temporary custody order, or is this Monday's hearing to determine that?

It's almost always wrong to sign legal paperwork in someone else's name. However, even if you were able to prove what you say as true (wife's acknowledgement, handwriting expert, ect.), this won't stop or reverse the action your ex is seeking. Very likely, you two end up in... View More

To the extent that these random girls are contrary to your son's best interest, possibly. But it's a pretty tough argument to make. Courts generally aren't going to be interested in prohibiting contact with essentially unnamed people without cause. And how would such an order be... View More

Is there a standing court order? If there is, or if there is not, you cannot unilaterally decide to keep your child from his mom without a court order. If you feel that your child is in danger with his mother, you need to possibly seek an ex parte order from the court. This can be done quickly... View More

Sure. But you certainly can obtain your own copy of a birth certificate.