He has had her for 4 years from never giving her back to me amd is now not taking care of her properly he has an opend case with cny in another county . I want to take her to live with me and he is going to get aggressive and call the police . Will I get introuble for taking my daughter from him?
It would probably depend on what the father has to say about this. You'd probably do yourself a service by consulting with an experienced family law ttorney in you area to discuss the facts and your options.
You would -- unless there's some other agreement between you and your ex, like to alternate years in which a parent can claim the child (ex. Mother gets even years, Father gets odd years). Otherwise, IRS regulations go with the parent that has the child most of the time.
My ex and I have shared physical and legal custody. I have been remarried for 10 years. he would always switch weekends or just not take them. It says in our order if we both agree to a change than thats fine. 3 years ago, his current wife was emotional abusive and her son was phyaically abusive to... Read more »
You should really consult with an experienced family law attorney in your area. In my county (Delaware) changing a shared physical custody order to a primary one can be quite problematical If you're able to prove that dad hasn't exercised his custodial rights for the last two years, that may help...Read more »
He refuses to let me take my son I can only visit him when he allows and at his house. I tried coming to a joint visitation and custody agreement outside of court but he isn't working with me. I plan on filing for primary physical custody.. I'm inexperienced with all of this and have no clue what I... Read more »
Obviously, what you should do is retain an experienced family law attorney to help you. If you're not going to do that, you can see is Legal Assistance or one of the other agencies in Philadelphia can provide you with pro bono counsel or at leaest good advice. You can locate these agencies by...Read more »
We broke up over a month ago, and since then I've allowed him to see the baby whenever he wanted. He's only seen him twice since then. He is threatening me that he will "make the next 18 years" hell for me and that he is taking me for custody and getting a paternity test. We lived together for 6... Read more »
Well, first of all, a child custody vocabulary lesson. "Legal custody" is the parental right to take part in the major decisions in a child's life, like medical, educational, religious, etc. "Physical custody" refers to where the child actually resides from day to day.
The case was established in Philadelphia. He has my son in Delaware and I am currently residing in NC with his other child. When I brought his kids to see him last summer he held both of them a day before I was scheduled to travel back and demanded child support back. He demanded I return a large... Read more »
I think you need the court's help at this point -- and you're getting shafted with the whole pay-back-child-support "deal." Technically, if your son has been with his father in the state of Delaware for 11 months, then Delaware would have jurisdiction for any child custody case at this point (even...Read more »
Not really -- and if you do, I don't think such a provision would be enforced. Child support is for the benefit of the *child*, not either (or both) of the parents, and so neither parent can bargain that benefit away. At best, the parents can have a "gentleman's agreement" that no support will be...Read more »
He’s violated our agreement many times related to reasonable communication and participation in activities. He has a criminal history as well as a history of violent behavior. He asked to take the girls to Florida for vacation. Our order requires written permission which I did not give. The... Read more »
If this is your first contempt petition, probably not. Very likely that the court will also not view your petition as an "emergency," but will schedule it for a hearing in the normal course of court business. And you're right that the police won't do anything: they'll simply refer you to file...Read more »
I suggest that you gather all of your paperwork and sit down with an experienced family law attorney to discuss what, if any, action you should take. It's really not possible to guess whether it would benefit you or not to go back to court because we'd need more information than you can, or should,...Read more »
Where's your brother? As the biological father, he has presumptive rights to custody of your niece. So, yes, you could take her -- but he could fight it in South Carolina, and would almost certainly win.
If I were you, I'd consult a South Carolina family law attorney concerning their...Read more »
"Legally," there's nothing (yet) preventing you from doing so . . . or from him snatching your daughter from YOU. What's good for the goose is good for the gander. And that's why your best bet is to file a custody action and get a court order outlining who has custody, and when, to prevent these...Read more »
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