Her step dad is emotionally abusive to her. There are 6 children in the home two of them are my husbands children. His son wants to stay with his mother but daughter has been asking to live with us since age 5.
The first question is a hypothetical, which I can't answer since I don't know what the law will in May of 2023. The second question is that if the original home that was destroyed had your name on the deed, or was by financial equity of some kind marital property then you have a pretty...Read more »
I am sorry, but I would need more information on your case to be able to effectively answer your question. If you had an ISP then it would lend itself to the Courts desire to reunify, but as I said, I would need more information. Please feel free to call and set up a free consult on the matter.
The ex wife is wanting to sell the house which was bought during the marriage yet only in the husband’s name not hers. In the divorce decree the ex wife was ordered to keep payments up but not to refinance out of her ex husbands name. She wants to sell but the husband wants his house back instead... Read more »
He was arrested for beating me up in a Walmart parking lot while he was already on a deferred sentence. I basically married him because I felt like I had to. There were all kinds of abuse, physical injuries, psychological issues resulting from the relationship, intimidation, I lost basically... Read more »
My divorce finalized in February 2020. We filed our 2019 taxes separately and my ex claimed our son. I will be able to claim him in 2020. We have 50/50 custody and split all expenses evenly. We do not have child support either direction. Because my ex claimed him in 2019, the stimulus money for our... Read more »
I wonder what your divorce decree and child custody and support orders say as the provisions of those documents might provide some guidance as to your options. Its probably best to ask your divorce attorney. Generally speaking, I'm not sure there is much you can do that wouldn't cost...Read more »
It's not clear what you mean by your "options". As long as she is a minor or regularly attending high school or a high school equivalent program, she is legally entitled to financial support by her parents. After that, there is no legal duty to support one's children absent a...Read more »
More information is needed about the situation before anyone can answer this question. You might consider consulting with an attorney who can discuss the situation with you and properly advise you in real time.
I recommend that you speak with a trusted adult about the abuse. Is your father available? What about a grandparent? Teacher? Doctor? Have you considered contacting the Department of Human Services child protective services? What about the police or sheriff? Your safety is the primary...Read more »
It is not "illegal", in that is is not "against the law" in a criminal sense. Also, if there isn't any court order establishing custody and visitation, he does not have any enforceable rights. You, as an unwed birth mother, have "sole custody" as a matter of...Read more »
My daughter is nearly 2.5 and my husband of almost a year has raised her since she was 4 months old. Her biological father moved out of state, and hasn’t seen her in nearly 4 months. When he would see her it was for a couple hours once a month and would never ask to call or video chat with her,... Read more »
Failure to maintain a relationship with the child is one factor the court considers when someone petitions the court for adoption without the consent of a biological parent. Another factor is failure to support.
My husband and I were not together when I had my daughter and he is not on the birth certificate. We are now together and married. He is the father of my daughter. Need to change her last name to ours but don't know how or what to do.
Have her call, or you can call, DHS (CPS in Texas) and report the abuse, They will do a welfare check and if she is honest with them they will most likely take her out of the home and place her with another family member or friend of the family. I have seen it before where these emergency...Read more »
Homeless, carless, jobless living in a hotel with 3 children. Having a hard time supporting them. All 3 have adhd and odd. 1 has autism. I don't want to give them up but I don't see any other way. Family is unwilling to help. Don't get food stamps or tanf. Have applied for both.... Read more »
You are clearly in a tough position, and you want to provide the best future for your children. From a purely legal point of view, I would suggest you act out to Family and Children Services and set up an appointment to see what services they may be able to provide. If the services they would be...Read more »
Not really sure what you mean by a disposition hearing. If there is an agreed decree then a disposition hearing is nothing more then the Judge taking testimony that a divorce is what everyone wants. If there is any type of dispute to property, custody, or spousal support then it will be a trial....Read more »
If a child is born during the marriage, the husband is considered by law to be the father and will be on the hook to support the child. There is a very specific procedure and specific time limitations to solve this problem. Contact an attorney today, not tomorrow, to review your case.
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.