Alexander Florian Steciuch's answer Your mother does not have custody of your sister. Your grandparents do. Your mother cannot sign anything over. If your grandparents are the legal guardians of your sister, this means there was a court determination that your mother should not have custody and your grandparents should.
Clarissa Finnell's answer Child related provisions are always modifiable. In order to modify the existing order, you would have the burden of proving there has been a substantial change in circumstances since the last order of the court warranting change you are requesting. I recommend that you have a family law attorney review your Decree and facts of your case to assist you in determining possible outcomes of a modification.
Alexander Florian Steciuch's answer If there is no court order otherwise or shared custody agreement or anything else that would give the grandparents a legal right to visit or have custody of the grandchildren, you have the right to keep the children from the grandparents. The grandparents in turn have the right to petition the appropriate court to establish visitation rights. Until that time that an order is put into place that says otherwise, you can keep the children from the grandparents.
Alexander Florian Steciuch's answer Living at home with your parents is not disqualifying for granting sole physical custody. That said, the determination of physical and legal custody are all done based on the best interests of the child. If the judge determines that sole physical custody awarded to the father is in the best interests of the child, that's will be his or her decision.
Andrew L. Bennett's answer If you are charged with a crime and a child is involved then yes CPS/DCS will be called. As you say you were picking up a toy, however, the officer did not see that and has to go based on what he observed. If he believes he has enough evidence to prove intoxication you have a serious issue on your hands and need to consult with an attorney. It is very likely that you will have at least one felony charge.
William J Webster's answer First, I am sorry to hear about the domestic abuse. Unless the Court terminates parental rights which is usually done in adoption cases or cases where the children are removed from the parents by the State. Therefore, unless there is an adoption, your husband will always have parental rights.
If you haven't done so already, I recommend filing for a Protective Order and including the child, so if he suddenly appears and wants to see the child you will have a protective order in...
Ronald J. Eisenberg's answer Check with an Indiana lawyer, but most states allow a party to file such a motion pro se. That being said, you'd be well advised to hire a lawyer for this important matter.
Alexander Florian Steciuch's answer No, this is not enough. A father cannot terminate his obligations to his children by signing a piece of paper and having it notarized. A court order is required to terminate parental rights. A person cannot unilaterally without court involvement terminate parental rights.
Timothy Denison's answer If your divorce agreement or decree does not state otherwise or require you to seek approval of the court before moving , and you have sole custody of the children, you should be able to move without incident. You will likely have to either agree or go back to court to revise thrvisitation schedule with your former spouse.
Alexander Florian Steciuch's answer This issue should have been raised with the court that granted him custody back in 2017 when it first happened. Disobeying a custody order is grounds for contempt of court and can result in imprisonment. You need to consult with a family law attorney who handles child custody as soon as possible.
Kevin E. Flynn's answer This is not a patent question. Justia needs to revise their topics to make it Patent/inventions as Patents looks a lot like Parents. You may want to drop the patent topic from this question
John Mario Acosta Jr.'s answer Based on your question and without reading the visitation/parenting time order, usually in my experience most parents are supposed to have paid 95% of their child support in order to claim the child on taxes, then according to the guideline it should be consistent parenting time for 6 to 9 months prior to the non-custodial parent receives overnights, of course this all depends on the age of the child as to how many overnights you receive.
Alexander Florian Steciuch's answer You can, but you have to have permission first. If you are relocating out of state you have to give notification to the other parent and inform the court that oversees your custody agreement. The other parent may contest.
Betsy Walits' answer First of all, most courts won’t let you finalize your divorce until paternity is proven, and that means the baby will have to be born. If he is violent with you, ask for a protective order. That way with the protective order in effect when your divorce is finalized, it will be easier to show domestic violence. There’s really no way to keep him away permanently. Ask for supervised parenting tine at a supervision facility.
John Mario Acosta Jr.'s answer When you get married and your significant other wants to adopt the child you must first terminate the biological parents rights first and then put the adoption through. The termination can be consented to or contested and if contested then a hearing will have to be conducted to see what is in the child's best interest.
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