A month before she was due she told me she had an abortion but yesterday I found out she had the baby, I had no clue she existed, we don't live in the same town and I really believed she had a miscarriage. She kept the whole pregnancy a secret and no one even knew she was pregnant until this... Read more »
THis is always an interesting situation. If the married woman has a baby, and the husband (who is the legal father of the baby -- not just the presumptive father ) accepts the child as his own, there is nothing you can do. (See a case called Ex Parte PResse) The question for you is this: does the...Read more »
Hello. No, until you are 19, you are covered under the Court order from your parent's divorce or custody matter. It sounds like you need to discuss this issue with your parents and let them take the necessary legal steps to make this happen. It has possible child support and tax implications, which...Read more »
Any change in custody needs to be properly handled through the court system. Despite what you may hear "on the streets" there is no age at which a child gets to choose where he lives. The court must approve and enter an order effectuating a change.
I am 13 years older and she abuses alcohol and is adopted she is abusive and has emotional problems and her sister is almost 25 and still lives at home she cares more about her friends than me and I want to get custody of my son I paid on the mortgage and everything else as well but she is very... Read more »
In a custody battle the Court is charged with doing what is in the "best interest" of the child. You most certainly, under the circumstances alleged, have an argument that it would be in your child's best interest to be in your custody. You need to take action sooner rather than later as the...Read more »
The ex will agree. He is already an absent father. We have been separated for 7 years. The child is 8. He is only now consenting to divorce because he wants to get remarried. I want nothing from him but a divorce as well. The child does not have a relationship with his father, due to his absence.
Hello, there is no way to file for an uncontested divorce without an attorney. You also cannot waive child support obligations without an extremely good reason. All three child support forms are mandatory, not optional, and must be filed with the divorce filings. You should have a consultation with...Read more »
furnished apt. I do not feel I have enough proof he's living in a safe environment for our 3 year old. I found out he used to live in his car and that could be the case today as far as I know. He states he's unable to provide photos because he hasn't moved in yet. He also will not let me know... Read more »
The answer is anytime you violate a court order you can be held in contempt. The real question is WILL you be held in contempt and under the circumstances I think the answer is no. As the primary custodian you have an obligation to protect your child and to act in her best interest. There are...Read more »
She is currently in a juvenile detention center. Her parents thinks she is troublesome and does not want her home, especially if she doesn't want to be there. We have built a bond and I have been her mentor/support and she has made tremendous improvements.
It is a little hard to tell what is going on by your one sentence statement but generally if you have agreed to a safety plan you can withdraw your agreement at any time and tell DHR you want your children and will not longer abide by the plan. DHR will then have to make a decision as to whether...Read more »
Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse...Read more »
The father knows that there is a higher percentage of men on child support than women. The mother has the child during the week but refuses to pay for any medical bills, any milk, or anything else the child needs. She puts all bills off on ther father expecting him to pay for it
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it...Read more »
You need to file a Petition for Custody with the court. When a child is born both parents are considered to have equal custody rights with an equal right to have the child in their custody and to make decisions for the child. Unless and until a court orders otherwise neither parent has superior...Read more »
My ex boyfriend, who I have no custody agreement with, took my son and is now hiding him. We had a verbal agreement on visitation due to his work schedule. Ive have always been flexible and helped out where I could. He stayed with me and saw him every other weekend. Monday, my ex was having a bad... Read more »
First, taking your child and concealing his location from you and cutting off contact is a crime. You should contact local law enforcement and file a report. Based on the information you provide and their investigation they will make a decision as to whether to move forward with prosecution....Read more »
I was served with with a plaintiffs MOTION TO MODIFY VISITATION 2/18/19 and before I could even consult with an attorney, 2/22/19 I received via USPS mail from the court dated 2/19/19 stating that “The Motion to Dismiss field by the father.... ORDERED, ADJUDGED, AND DECREED that the Motion is... Read more »
Hello. At any point in time before the Defendant (you) has filed an Answer or other responsive pleading, the Plaintiff (father) may file a Motion to Dismiss. From what you have stated, it sounds like "father" had a change of heart and decided to dismiss the case. Hope this helps!
Hello. Legally speaking you are discussing two separate events. One, being custody and child support. The other, termination of parental rights. Child support can be handled through DRH in your county, if you qualify. Otherwise, you will need to seek the assistance of an attorney to file for child...Read more »
Residency restrictions say i cant live with my biological child now , not on probation or parole..I was convicted on a he said she said case in municiple court, no plea deal accepted ,not guilty the whole way,did not appeal because my attorney said I could live with my child..I was broke anyway... Read more »
You were convicted of sexual abuse of a minor. You are not going to be able to have much in the way of custodial or visitation with any child. THe key word here is "convicted." The state of Alabama has the power to act in the best interest of a child to keep that child away from a person who has...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.