My ex wife was pregnant before we were married. She had the child after we were married, so my name is on the birth certificate. She has told me that she wants me to have no contact with the child anymore. I am paying about 300 dollars a month for child support. Am I able to get my name off of the... Read more »
Do I have a certain amount of time that I am granted to respond before the judge can rule on this motion? It appears that my ex and her attorney filed the motion on July 19th and the Judge granted the order the same day before I even had a chance to respond. Can they do this?
Child custody orders are not public records. You could make a request to the relevant courthouse, however it would be up to the judicial system whether they would provide a custody order to a nonparty.
my children hate going there in the first place, the house is always filthy as my ex and his wife leave it a mess and leave it to pile up for our kids to clean it when they have to go to his house. He has been in the hospital for the past few days, my kids absolutely do not want to go. This is... Read more »
I am sorry to hear about your situation. If there is a court order allowing him parenting time, then you have to send the children. If you feel that a modification of parenting time is warranted, then you may be able to request a modification.
Well the court ordered hair follicle drug test for both parties because my ex accuse me of using drugs they gave us 30 days to have the results turned in which was June 7 what is the deadline I turn my results in but they ask who accuse me has not even submitted any test results at all... Read more »
A CFI is appointed by the Court and must be non-biased. The CFI never evaluates a single party but rather speaks to both parents and the children and makes a recommendation about allocation of parental responsibilities.
I have had temporary custody of my almost 2 year old for a year and a half. The magistrate keeps pushing out our case. During status conferences she only would address the mother. The mother never did anything the court asked her to. Accused me of abusing her and my son and did not submit any... Read more »
It is difficult to establish bias as it has to be based on more than a disagreement with the magistrate's decisions. You will have to have some independent witnesses if you would like to support an allegation of bias.
how do we go about changing the custody agreement? the state we moved from is too far away to fly out just to alter one part of the divorce. I live in Colorado now and he and the children are in New Mexico.
They took my kids all because they assumed that they werent with my mom, they literally tailed my mom and followed her and they couldnt see my kids through tinted windows. When they did come in contact with my mom, she had them with her, but because she was in my neighborhood (1 block away mind... Read more »
If CPS determines that the children may be in danger, they can place them in foster care. You will have an opportunity in the course of the investigation to explain why you. believe they were not in danger.
If the Parenting Agreement says we get 2 weeks vacation and just have to let the mother know 14 days in advance, where we are going, and contact numbers to get ahold of the child. The parenting agreement does not say there are certain times in which we can take vacation, or that we need approval... Read more »
Based on what you are saying you are entitled to two weeks of summer time, however it would be necessary to review the parenting plan to interpret it specifically. Many plans require coordination or provide a provision for conflicting choices of time.
my sons mother had majority custody during school i had every other weekend. all of a sudden she wanted to switch because she "couldnt handle him" during home schooling. I currently have him here and now after two weeks she is trying to get him back is there anything i can do to prevent... Read more »
I am sorry to hear about your situation. You can file for allocation of parental responsibilities or for a modification if there is already an order. You may have to establish your paternity if Mother disputes it. You should also report to the Department of Human Services if you feel that the cild...Read more »
She says they hit her 2-3 times per week. She has told me that they are getting drunk, and screaming at her everyday and she is suicidal. She says she will kill herself if she is not gotten out of there. I need emergency custody order to get her.
I am sorry to hear bout your situation. You should file a report with the Department of Human Services and the police. You can file a Motion For a Restriction On Parenting Time however you will have to present evidence to justify the restriction.
Judge granted Temporary Emergency Custody of my children as they are unsafe with their mother. I was able to locate my ex and have her served, and it states she is to have no contact with them.. However I was unable to pick up my children as she has left that location with them. The neighbor said... Read more »
Permanent order of 50/50 and he is now trying to go back to the permanent order without letting me know his progress with his mental health will the judge find me in contempt? He did file a contempt against me. I have filed to modify the order to 70/30 and he filed a contempt once he received the... Read more »
You are obligated to follow the existing order unless and until it is changed. There are not enough facts here to predict whether there are grounds for anyone to be found in contempt. As far as letting you know of progress with his mental health treatment, it depends on whether the current order...Read more »
I am sorry to hear about your situation. He can petition for custody regardless of where the child is. That does not mean that his request will be granted. Courts consider the best interests of the child legal standard when deciding custody matters.
It depends on whether there is a court order or not. If there is a parenting time order, each parent's time is governed by that and law enforcement will enforce the terms of the order. If there is not an order, the matter may be one of parental kidnapping, however law enforcement may view it...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.