Lillian J. LaRosa's answer The other parent appears to be in violation of a Court Order and you can file a Contempt Complaint in order to obtain action from the Court that will address the non-compliance in terms of its effects on the child's bet interests. If you have counsel and there is a contempt finding against the other parent the Court would also order your counsel fees to be paid.
Lillian J. LaRosa's answer If you were divorced did you have a reference to custody and visitation in the agreement or in the Judgment post trial? If this is an unmarried parents Judgment of paternity or custody and support, then the issue of what custody there is would be addressed in that agreement and Judgment. You would need to file a Modification Petition and seek an Emergency Order to have the Court enter orders terminating/suspending visitation, and ,if applicable, legal custody and if father is trying to see...
Ali Shahrestani, Esq.'s answer You may seek visitation rights via court filings. Why are the parents not letting you see the kids? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...
Ali Shahrestani, Esq.'s answer You may have a case for breach of contract for the loans. As for the allegations of infidelity, you may want to contact the other woman via counsel. As for allegations of child endangerment of some sort, it depends on the facts. And do you need a restraining order for some reason? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...
Lillian J. LaRosa's answer I have my own law firm so I am not on a salary and the advancement is dictated by what I will and won't do. My hours are basically a 40 hour week although sometimes more or less depending upon what I am working on and deadlines to complete work. I am a Probate and Family Law attorney and I also litigate contested matters so I interact with the public and the Court system. Income can be uneven and that is a caution for anyone going into their own business. You may want to try working for a...
Timothy Denison's answer You will have to reopen bankruptcy and add the lawyers a creditor. He should have been listed as a creditor in the original filing even though the amount owed may have not been liquidated at the time.
Joshua H Bearce's answer Yes. There is a court order in place to withhold money from your paycheck for purposes of the payment of child support. The father has 30 days to file an answer to your complaint after he is served with a copy of the complaint. You will not get a default judgment from the court if he does not respond to your answer. However, if he does not appear for scheduled court hearings etc., you can request a default judgment from the court. I suggest you speak with an attorney who specializes in...
Lillian J. LaRosa's answer If there are no issues involving the step father there are no chances working against you and then quite possibly biological father would be willing to consent to the adoption. You can still proceed with the adoption petition if he does not consent but it would be a longer time frame, and judging from the facts presented there is no involvement with the child and he may also have fitness issues.
Lillian J. LaRosa's answer This sounds like a complex matter which you should pursue through counsel and not try to handle pro se. If you do not have funds to engage an attorney to represent you, you may qualify for appointed counsel to represent you in contesting the guardianship You would need to file a Motion requesting appointment of counsel on your behalf due to indigency in the court involved.
Joshua H Bearce's answer You will need to file a Complaint for Divorce and a Motion for an Order to Vacate Marital Home. To get an immediate order directing your Husband to vacate the marital home, you will need to show that you and/or your daughter's health, safety, or welfare would be endangered if the Court did not immediately remove him from the home. He is entitled to at least three days' notice prior to the hearing.
The Court can also enter a temporary order without notifying him, however, he will...
Anthony C. Adamopoulos' answer Divorce attorneys prepare prenuptial agreements. Expect to pay about $500.00 assuming the two of you are in complete agreement as to the contents of the agreement and you complete the intake forms as instructed by the attorney. Since you can’t have the same attorney, one of you will have the attorney prepare the agreement and send it to the other for the other’s approval.
Lillian J. LaRosa's answer This is an unusual question, but if there are circumstances which merit a "parenting " or visitation scheduling change one party can certainly bring forward a Modification Complaint. This is more common due to changes in work hours and shift changes .
Lillian J. LaRosa's answer She should at least have a Will nominating a guardian for the minor children. The best route would be to also have a Guardianship petition or at least temporary guardianship addressed by the Court taking into consideration his unsuitability as a custodial parent as being not in the children's best interests.
Lillian J. LaRosa's answer It sounds like the New Hampshire Court is recognizing that there could be a change in jurisdiction to Massachusetts and you should consider engaging Massachusetts counsel to advise on the timing of filings here.
Lillian J. LaRosa's answer Your son will need to take a look at the Court file and preferably make copies of the contents so that he can consult with a domestic relations attorney ASAP. It does not make sense that the case went forward on a Motion , so some information is missing from the picture your son has presented to you.
Lillian J. LaRosa's answer IF YOU HAVE PROOF HE IS GIVING UNDER AGE DAUGHTER ALCOHOL THEN YOU WILL NEED TO FILE AN EMERGENCY MOTION TO SUSPEND VSIITATION AND PROVIDE WHAT THE SOURCE OF YOUR KNOWLEDGE OF THIS IS TO THE PROBATE AND FAMILY COURT ALONG WITH AN AFFIDAVIT UNDER OATH.
Lillian J. LaRosa's answer You have indicated a few things are happening and normally there would be termination of parental rights proceeding which could end with an open adoption approved by the Court. The standard for termination of parental rights is obviously a high one and both parents need to be notified and given the opportunity to save their parent child relationship. Parental unfitness is the issue for termination. You should have an attorney to protect your ward and yourself.
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