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

If you are nearby the courthouse, you could stop in and ask to look at the file. Otherwise, what does the person you're involved with say about this?

I think you might be right. I'm not sure though whether it makes much of a difference to the child support amount. I would suggest you run calculations with both figures. Going from 104 to 115 overnights probably won't make a substantial difference to the amount.

Maybe, but probably not by much without a substantial increase in actual income. Further, it would not be uncommon for the current support order to have imputed full time income when calculated, so the switch from part-time to full-time may already be accounted for.

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

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answered on Sep 11, 2024

Make a motion in your criminal case to unseal it or just get a copy of your report. However first talk to your lawyer as it might affect your criminal case.

By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... 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).

Your general interpretation is correct. Presumably, you had a hearing where the judge said what the order will be. You, or your attorney - or perhaps the opposing attorney - was asked to reduce it all down to writing and file it for judge's signature. Orders typically have immediate effect.

This is likely a scam. Call the court indicated to confirm, but email - absent some pretty specific exceptions - is not a proper form of service to start a case.

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

Potentially no. If there is no will that mentions the first son, that son would be considered an "omitted heir", potentially entitling him to the same share of the estate as the other son.

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

Is this for spousal support? Are payments to be made through the friend of the court? If so, you need to contact them for enforcement procedures. If not, you can file a motion with the family court to enforce the judgment. His attorney would have nothing to do with it as its standard for the... View More