One of the factors that the court will take into consideration is whether violence has been perpetrated by either party during the relationship, especially if children were present at the time. Our case law and statutes are clear that the party who is found to have been violent during the... View More

Because the child is a resident of Louisiana, Louisiana statues would govern; therefore, you should contact an attorney licensed in that state.

I am unclear about whether you are the father or stepfather was of the child in question. You don’t say anything about the natural father being present in the child’s life, so I will assume he is not. You may petition the chancery court in the county in which the child lives and ask for... View More

What is the question?

What is the question?

If there are no restrictions on physical contact, no one can tell the visiting parent that he/she cannot hold the child. That would be interference with the visitation.

Yes, but she will have to petition for guardianship in the chancery court of the county where the child lives.

You will have to file a Petition to modify the current order. If it is contested, you will have to show a material change in circumstances in the custodian parent’s home which adversely affects the the best interests of the children. If you ex agrees, it is a simple case of getting her to sign... View More

If you have a court order that states you are not ordered to pay current support or an arrearage, then the State will not be able to collect back support from you.

There is no need to “domesticate” an Alabama marriage license in Mississippi. If the marriage is lawful in Alabama, Mississippi will recognize it. However, the test for filing a custody action in Mississippi has nothing to do with where the marriage took place. The question is where was the... View More

You will have to file for a modification of your current agreement or judgment and ask that the Court grant you custody. If you feel that the children are in danger due to the drug use, you can also contact CPS and make a report. If they find that the allegation has merit, they can remove the... View More

The answer is not necessarily. You don’t say where the child is now or why and when custody was transferred. Depending on the circumstances, you may want to try to obtain possession of the child and then immediately petition the chancery court for custody. However, not having physical possession... View More

You don’t say whether or not the custody was given to you by the court through a court order or whether it is a private agreement between you and the parent(s). If you were awarded temporary custody through a court order, then you will need to go back to that court and asked that custody be... View More

Yes, you have the right, as her mother, to receive medical information of your child, unless you were using that information in an inappropriate manner. If CPS continues to interfere with this right, you may have to contact the social worker’s supervision or go to court and ask that any such... View More

Whether or not the terminated person is allowed to visit with the child is totally up to the discretion of the parents. The terminated person has no legal standing to demand contact with the child.

No. You must go back to the Court that issued the guardianship order to make any changes to it.

A lawyer is not required to be retained for a parent to terminate her parental rights. Likewise, your husband could perform his own vasectomy without a doctor if he chose to do so. But he wouldn't do that, of course. Believe it or not, a parental termination case is just as serious as a... View More

This is a terrible situation. I am assuming the two children are also your friend's husband's children. There is no law prohibiting her travel out of state with her children. If Michigan is where she has friends or family, that is the logical destination for her on a temporary basis. If... View More

Yes. If you have temporary physical custody of your child by virtue of a court order, you can be taken off child support. The temporary order should order that, but if it does not, contact your DHS case worker and provide her with a copy of the order showing that you have temporary physical... View More

You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.