Not without a court order giving you permission. It's more complicated than it sounds -- don't try to do it without a lawyer's help. While you're in court you should consider asking the judge to hold your ex in contempt for not paying child support.
1982 (Michigan) When the divorce was final there was no order of support. In 1986 the mom put in for uresa initiating, & the state the dad was in gave an order of support. (North Carolina) later the dad moved to another state. (IL) Never heard anything from either states til 94 when there was a... Read more »
She refuses to let the father be apart of the childs life at all or except gifts from the biological father. And she has been in several different relationships since child was born and has told the child to call each one daddy. But will not let the biological father be apart of the childs life.
The father needs to file a Petition to Determine the Existence of the Father and Child Relationship. The court will have to make a finding of paternity which may require a DNA test. After that the court will determine parenting time, parental responsibilities and child support.
From what you have indicated, you should be able to have parenting with your daughter. You will have to petition the court for a parenting time schedule. Your parenting time will be ordered by the court taking into consideration the age of your child . If you have not been in your daughter's life,...Read more »
I have been the sole provider for my almost two year old for her whole life. I recently got summoned to court because her dad wants custody and child support. He has a lawyer but I can not afford one. I asked the judge for a 30 day continuance to obtain a lawyer but most of them are $3000.
Strictly speaking, no. Practically speaking, yes. You can build a house without a carpenter, a plumber or an electrician, but how good a house will it be? Similarly, you can present your own case before the judge, but how good a case will it be? Borrow the money from friends and relatives if you...Read more »
My childrens father and I have recently separated and I filed for child support in September 1, 2019. Havent heard back yet but when I emailed them they said it could take up to 6-8 months of a wait but if I want to speed up the process I could hire a lawyer. I am a single mother of 3 and cannot... Read more »
cant afford an attorney. The mother has kept me out of my sons life, he is 3 now. I filed for visitations over a year ago, and we came to an agreement at mediation a couple months ago. At our most recent court date she changed her mind. My case is now set for a hearing and I am supposed to bring... Read more »
From what you have alleged,there appears to be no basis for the court to delay overnight parenting time with your son for a year. As he is three years old and you do not have a relationship with him, you will first to establish a relationship with him before overnight parenting time can start....Read more »
We reside in ILLINOIS when we had our infant baby and we are not married yet. We now live separately and currently child is with my ex. Does child’s mother automatically become primary care? What are my rights of seeing my child? Do I have any control of when I can see my child? What is the... Read more »
You need to file a Petition to Establish the Father-Child Relationship. The child's mother needs to served that petition. You must ask the court for a finding that you are the biological father of the child. Even if you signed a Voluntary Acknowledgment of Paternity, either party can request a DNA...Read more »
My ex and I share joint and legal custody and defined primary decision making in different areas in the case we cannot agree. My ex has taken our child to several appointments for conditions that they deem as medical but has not told me about any of them. I'm finding out about the appointment when... Read more »
You must refer to your Judgment for Dissolution of Marriage to see what it states regarding medical appointments. If your ex is supposed to inform you of these appointments prior to the date of the appointment and your ex is not doing so, then you can file a Petition for Rule to Show Cause for a...Read more »
These are questions to take to the lawyer handling your case. He or she is intimately familiar with details about your circumstances that uniquely enable him or her to give you accurate advice. You've already committed to pay that lawyer a large fee. You should feel free to pose your questions to...Read more »
my child is one years old and I have put the father on child support, he has been served and ordered to take a dna test twice yet he has failed to do so, the judge has put a warrant out for his arrest yet he still hasn't been caught, and now my case is up for a progress call. can I ask the judge... Read more »
If you put his name on the birth certificate and he signed the Voluntary Acknowledgement of Paternity the court could enter a needs based child support order. If he is employed and you know where he is employed, you could send a subpoena to his employer for his income documents. Hopefully, he will...Read more »
My daughter was born in 2010. I was there for the birth but left the hospital to go buy some stuff for the baby.When I came back the ex girlfriend had filled out all the paperwork for the birth certificate.Years later I came to find out she didnt add me on the birth certificate and misspelled my... Read more »
I filed a petition with the court to relocate but I haven't gotten a date for a hearing. I feel as though I'm being held hostage by the state of Illinois. If he's not complying to the parenting plan (he doesn't see them, call them or pay child support) why do my boys and I have to remain where we... Read more »
Each time there is a child support hearing my ex quits their job. Prior to 2017, this action has allowed them to obtain more child support. In 2017, they were deemed voluntarily underemployed. Due to other circumstances the children now reside with me on a temporary order and I've motioned to... Read more »
If your former spouse voluntarily quit his or her job, the court can impute income to him or her. If you are providing the children with a loving and stable home, the court may not want to remove the children from it. The court encourages stability of environment for the children.
The mother of the child has often threatened to take their daughter, and has done so for short periods, when she is angry with the father. The father lives with his parents, and his mother babysits when he’s working. The mother is agreeable with this situation. The mother rarely takes their... Read more »
The father could file a custody case and file a motion to maintain the status quo. If the motion is granted there will be a court order establishing the current schedule and saying that mother cannot do whatever she wants.
The case was originated in hawaii. I was discharged from the military back in june of last year. My child support was calculated off of my income, in which i am no longer making near the amount. I literally cannot pay my bills. I sent in a modification request, although now im receiving threats... 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.