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Mother and father were never married. Father has been in child's life the entire time. We have established paternity. He has never filed for legitimation. We have never had an actual custody agreement. Mother has always been primary caregiver. Sometimes we would try the every weekend thing,... View More 
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answered on Jan 2, 2025
You do not have to let the child go with the father based on what happened. You can file a case for paternity and child support, and he may choose to counterclaim with a request for parenting time. But speaking with an attorney about establishing a child support case would be the next step.
She passed away at her and my fathers address in Springfield May 1998. How could she show up as a resident of a home purchased in 2007. That year she would have been 65.
answered on Jan 2, 2025
It depends on exactly what you mean by "showing as a resident." It very likely could be a simple mistake. Directories and similar companies make errors all the time. For example, from time to time, I occasionally receive advertising mail addressed to my deceased father at my own... View More
My ex husband has an HRO against me. He has been withholding my children and wrongfully denying me my parenting time for two and half months which is in violation of our court order. I submitted a motion for parenting time assistance to family court to ask them to enforce our current court order. I... View More
answered on Dec 31, 2024
Best practice for a person with a Harassment Restraining Order prohibiting contact with anothe rperson would be to avoid contact, whether direct or indirect. In practice, such a person may end up in the same courtroom during or waiting for a court hearing, for example. And that would not be... View More
If we go somewhere he can't find us can we establish residence away from him?
answered on Dec 30, 2024
If neither of you have filed for divorce and no standing order has gone into effect prohibiting either parent from removing the children from the court's jurisdiction, then technically either parent is able to travel with the children. However, if you remove the children and hide them from... View More
My ex and I have been apart for fourteen years. We just haven’t divorced yet. I have the paperwork to file for divorce myself as a non-contestant divorce with no minor children. The problem is that I can’t get him to meet me and sign them to get them notarized. I didn’t want to pay thousands... View More
answered on Dec 30, 2024
Nothing. If someone refuses to sign the proper documents then you cannot file an uncontested divorce. You then have a contested divorce. You cannot force your spouse to sign papers they refuse to sign. So you would then file the proper pleadings, and have your spouse legally served. Your... View More
answered on Dec 30, 2024
The cause of death is not material. If you are the closest relative, as in this case might be if your sibling had no issue (including adoptees) or living parents, you are the most eligible to probate the sibling's estate. You have no duty to do this, and you might decline if the sibling had no... View More
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answered on Dec 30, 2024
This is a superb question rarely seen here on Justia. This question asks what is the effect of an order of custody and visitation, and the answer requires some explaining.
The order of custody and visitation is not an order for a parent to see his child. To the contrary, the order applies... View More
Also the baby was born and they still wasn’t married the kid was two before they married but the father is in prison for child molestation but not for the kid but because of a 13 yr old girl boss he have or when he gets out would he have any kinda rights to the kid
answered on Dec 30, 2024
When you later married the father the child was then legitimized. You can file for divorce and ask for sole legal and physical custody. It would be up to the father to ask for any form of custody or visitation, as you would have to have the father properly served. But the child is legitimized... View More
He threatens me all the time saying he will take our kids away from me. Is it possible? And would I be able to move out of state with the kids even if he won't let me? Since my family and help for me is in another state
answered on Dec 28, 2024
In Florida, unless you have already been to court the mother starts out with control of the children. It is possible for one parent to go to court to establish or modify timesharing (custody) but the end result will be a schedule of sharing time. It is rare for children to be "taken away"... View More
Father and child lives in the US and ex lives in Canada. Ex filed the divorce back in 2018 in Canada but since the child is living with father, Canadian court proceeded with divorce only as they do not have the jurisdiction over the child. She does not pay for a dime or child support as directed by... View More
answered on Dec 27, 2024
If you have or can get a certified copy of the Canadian divorce decree you can domesticate it (file with your local court and ask them to recognize it). Depending on the exact language regarding the child you may need to file a motion as well asking for sole parental responsibility and authority to... View More
Only gave $100 a week in support now he has stopped I provide everything can I get child support and spousal support
answered on Dec 27, 2024
Support, both child and spousal, is dependent on your respective incomes. New York requires a non-custodian parent to pay child support until the child is 21 unless a child is independent. You need to speak to an attorney to determine your specific issues.
I divorced 6 months ago. After 24 years of marriage. I was a housewife all those years. Ex husband and I signed an agreement that he would pay me spouse support before my death or until I remarry. Also, I raise our 9-year-old daughter. Spouse support does not cover all needs and I started work. My... View More
answered on Dec 27, 2024
If the judge in your divorce case approved the agreement in which your ex-husband is to pay you a certain amount per month, your ex cannot on his own just decide to start paying you less - if he tries to do that, I suggest you file a motion and set up a hearing in front of the judge to consider... View More
Husband filed for divorce while I was visiting family. I came home and he told me. I haven’t seen the papers
answered on Dec 27, 2024
People file divorce cases without first notifying the other party. After they file, they will then serve it. The served party will have 30 days to respond. You can hire a lawyer to at least consult about your options. Good luck with your case.
Her dad used her name to buy it, but he used his money to pay it off. Her married name is still on the assessor's information.
answered on Dec 26, 2024
Maybe. In general, quitclaiming or deeding a property does eliminate your interest in the property. But sometimes there are ways to get some or all of it back. The answer depends on the laws of your state and the specific circumstances.
In Nevada, it is usually possible to re-acquire a... View More
This work. Do I just pay a portion of the gas?
answered on Dec 26, 2024
It depends on the specific language in your divorce decree. Usually, this language contemplates that you are paying commercial airfare or bus fare for your child's transportation home. Rarely does it contemplate paying gas for the other parent to drive the child home.
CPS removing child from home and what they can and cannot say and do to the PRFC regarding the removal and treatment towards the parent
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answered on Dec 25, 2024
If a child is believed to be a victim of abuse or neglect, the state may intervene and remove the child even temporarily until the threat can be more fully assessed. Parents who have been contacted by child welfare or who have had a child removed should contact a qualified juvenile deprived... View More
My daughters father has blocked me on everything and sent numerous messages stating he wants nothing to do with her and even wrote it out on a piece of paper. I want to make sure he can’t just come take her when it’s convenient to him.
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answered on Dec 25, 2024
The answer will depend on other factors, including whether there is an existing court order that grants him visitation rights or not. If there is an existing court order, you may need to seek modification of that order. Otherwise, he may be able to exercise his rights under that order even if he... View More
I didn't get served i was ordered to take baby to my po and everything stated in order is a lie that can be proven on my side.
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answered on Dec 25, 2024
If you try to quote someone else by saying what you heard, you may be prohibited from repeating what you heard due to the Hearsay rule. There are ways around Hearsay, but you will generally need a lawyer to help you avoid the Hearsay problem. If there is an eyewitness who made a statement to you... View More
I didn't get served i was ordered to take baby to my po and everything stated in order is a lie that can be proven on my side.
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answered on Dec 25, 2024
If you have proof that the allegations are untrue, you should have the proof ready at the hearing in an admissible format. Merely saying "I heard" or "I believe" may lead to the information being excluded. If there are eyewitnesses for your case, they may need to be subpoenaed... View More
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answered on Dec 25, 2024
If there is an open guardianship, you will need legal counsel to help you file a motion for visitation. You will need to be able to demonstrate that you are the parent. If you are the alleged father, you may have to undergo genetic testing. You will also need to be able to show that it is in the... View More
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