Brent T. Geers' answer These situations are always messy and complex. I assume that you are legally married. You do have rights as the spouse, including the right to remain living in the marital home. HOWEVER, your husband is at risk of having his parental rights terminated. Whether the basis for that action is your actions, his actions, or some combination, they are his rights to lose at this point.
They can and will force your husband to make some difficult choices. At times, this takes the form of removing...
Brent T. Geers' answer This scenario falls under what I call the "my house, my rules" law. When you are under 18, and when you live in your parents' house, parents can do what they feel necessary to ensure your general welfare. This includes using any legal means to keep you away from what they believe to be a bad situation, and to keep others away from you whom your parents deem a threat.
To get a restraining order - properly called a personal protection order (PPO) - your parents would need to assert some...
Brent T. Geers' answer Your fiance could be obligated to pay support going back to the filing of the paternity action AND the child's birth expenses if provided through state assistance.
In a paternity action, the court is not concerned about the relationship - or lack thereof - of the parties. What matters is whether the child is biologically your fiance's. If it is, then he will be considered the legal father and obligated to pay support.
Are you contemplating moving out of town or out of state with your child? Will this move be more than 100 miles from the child's current legal residence? Has the court awarded you joint legal custody or sole legal custody?
Before you decide to move with your child, you should review your court order. Did it grant both of you joint legal custody of the minor child? If so, you will be unable to move with the child more than 100 miles...
Brent T. Geers' answer The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.
If you are planning for a divorce, it would seem that you could list both children, and paternity would be determined through that proceeding.
Brent T. Geers' answer The threshold for a modification is whether any change of circumstance would change the support amount by more than $50 or 10%. The state offers a free online child support calculator that you can input your numbers to see if you would meet the criteria.
Brent T. Geers' answer I am confused by your question. If the man you consider to be your father is on your birth certificate, I don't think an adoption is possible or even what you're after. The adoption process is, very simplistically, a means to name a legal father. In the eyes of the law, that man is already your legal father. Even if an adoption is possible, of course, it cannot change who your biological father might be.
Brent T. Geers' answer Likely not. Once the adopt is finalized, the adoptive parents have all the same rights (and responsibilities) that any parent has - including the right to petition a court to change a child's name.
Brent T. Geers' answer You should contact your local bar association or, I believe, you are within the area serviced by Legal Aid of Northern Michigan.
As you might imagine, the demand for pro bono legal services is greater than the number of lawyers able and willing to provide such services. Most attorneys are legal aid organizations operate under strict parameters, and of course, there might be income or age qualifications.
Brent T. Geers' answer The one thing you cannot get out of is child support if its determined that you are the legal father. Whether you are involved with the child (and the mother) is ultimately up to you.
Brent T. Geers' answer If he doesn't show up, the court will likely grant you the relief you want. Just know that a court can only order specific parenting time; they cannot make a parent actually exercise it.
Generally, as the parent who moved away, he would be responsible for all or a significant portion of the cost to exercise parenting time.
Courts generally don't ask kids under 14 which parent they prefer, and even when they do, the judge uses the kids' opinion as just one of several factors in...
Brent T. Geers' answer Probably not as terms in the judgment of divorce may be changed only under a few select circumstances (e.g. fraud, misrepresentation, mistake, etc.); it, like all court orders, are meant to be final and permanent.
Trent Harris' answer It would depend on (1) whether she has been appointed as the personal representative of the estate, and (2) how the personal representative's name was worded on the letters of authority that were issued.
If the letters said that you OR your sister were appointed as personal representative, then she might be able to act unilaterally without you. But if the letters say that is you AND your sister are appointed PR, then presumably you both would need to act together, she could not take...
Brent T. Geers' answer You will need to file a motion. You may do so either through a local attorney or some courthouses have a legal assistance center that can provide you with the appropriate forms to get you started. Until a motion is granted and a new custody or parenting time order is in place, things will stay the same.
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