Courtney Edwards' answer Short answer to your question: yes, that is true. Your ex's failure to support and maintain a relationship with his daughter can serve as the grounds to terminate his parental rights and clear the way for your husband to adopt your daughter. If your ex consents to the termination and adoption, it will make the process easier. If he does not consent, you may run into issues with serving him with the necessary documents as he is in Canada. I strongly suggest you meet with an attorney to fully...
John Hyland Barrett III's answer JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.
John Hyland Barrett III's answer Both parents need to comply with the existing court orders, including the parenting time schedule and support provisions. They are subject to change by the court if appropriate. You should hire a lawyer to enforce the orders.
John Hyland Barrett III's answer The supervisor usually has discretion regarding exactly how to conduct the supervision. Although the supervisor's contract may have some guidelines, the real controlling document is the court order. You may want to raise these issues at a review hearing. You should consult with your attorney about these matters.
John Hyland Barrett III's answer She needs court permission to have your daughter move out of state. You can file an for an abduction prevention order if she tries to do so w/o court permission. You should hire a lawyer for this.
John Hyland Barrett III's answer Until there is a court order, either parent is entitled to possession of the child. If you and the father can not agree on a parenting time schedule, one of you should file a court case to get appropriate orders. The court is likely to give him some parenting time unless there is a good reason not to. You should retain an attorney for this.
John Hyland Barrett III's answer Since there is no court order, you and the father are free to make whatever agreement you want. It is common for the parents to share the travel responsibility for parenting time. If a court were to have to decide the parenting time, it will try to come up with a schedule that is in the child's best interests. It may not involve every weekend, but is not likely to be just every-other weekend. Also, the child support could be reviewed to see if it comports with the child support guidelines.
John Hyland Barrett III's answer This depends on the terms of the order appointing the PCDM. She should not contradict the explicit terms of the Parenting plan unless she was given that authority. You can request the court review her orders. There are short time periods for doing that. You should retain an attorney to review the Parenting Plan and advise you.
John Hyland Barrett III's answer The court can enter temporary orders for parenting time. Temporary orders are in place until the decree enters when they are replaced by the permanent orders. You should retain an attorney to help you with this.
John Hyland Barrett III's answer The court is probably still going to have a hearing. At the hearing, you will have to present evidence supporting your requests. There is not really such a thing as "giving up his rights" except in an adoption or in a dependency and neglect hearing to terminate parental rights.
Daniel B. Kelley's answer Not proper or appropriate. You need to contact an attorney to help you navigate this complicated and confusing process. There are many of my colleagues that will give you a free consultation. Give one of us a call today.
John Hyland Barrett III's answer You can file an amended motion now. you do not have to wait until the other party responds. However, the other party may get 21 days from the new motion date within which to respond. You should retain an attorney to help you with this important matter.
John Hyland Barrett III's answer Your respective rights and responsibilities have to do with parenting issues for your sons. Who will make parenting decisions? What is the parenting time for each parent? You can file a court case to have these matters determined by the court if you can not agree. Even if you do agree, you should file your agreement with the court so it can be made an order that can be enforced in the future. Also, child support issues need to be settled.
John Hyland Barrett III's answer Your grandparent's will controls who has the say over their property. If that is the uncle, he can evict you despite what your grandparents said before their death. You should have an attorney review the will to see if you have any rights.
John Hyland Barrett III's answer Until a divorce is filed, each party can do what they want with the children. Upon filing a divorce, the court can enter parenting plan orders. However, the court is not likely to control the children's contacts with the parties' significant others.
Daniel B. Kelley's answer You have a complicated situation on your hands. Obviously I can't give you specific advice without knowing a whole lot more. At the same time make sure you are see the kids and contact an attorney. November is not that far away I would suggest talking to someone as soon as possible.
John Hyland Barrett III's answer The court will usually approve a parenting plan agreed to by the parties, unless something stands out as not being in the best interests of the children. The court would probably approve what you are describing.
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