My father passed recently and I've come to find that he's not listed on my birth certificate. I need to prove my status as next of kin. I have gone through all Vital Records and public records for the courts (county and probate), for the county I was born in and the county I lived in and... Read more »
answered on May 11, 2023
You don't necessarily need a lawyer for this, but where you'll probably want to look is the circuit court in the county your parents were divorced in. Ask for a copy of the "judgement of divorce".
Not to be funny or imply anything untoward, but I've seen it happen... Read more »
Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY
PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD... Read more »
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answered on Mar 2, 2023
I'm sorry to hear about the difficult situation you are facing. Here are some answers to your questions:
In general, a parent cannot take a child out of the country without the other parent's permission or a court order. If your husband were to take your son to India without your... Read more »
Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD SUPPORT?... Read more »
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answered on Feb 26, 2023
I'm sorry to hear about the difficult situation you are facing. To answer your questions:
Generally, a parent cannot take a child out of the country without the other parent's permission, especially if there is a custody agreement in place. If your husband takes your son to India... Read more »
He’s Been threatening to take my son to India for his family can raise him,I now think he used me for a green card can he get deported if we divorce??my question is Is this possible for him to steal my son without my permission? 2nd question is If i divorce him will he have to give me spousal... Read more »
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answered on Feb 26, 2023
I'm sorry to hear about the difficulties you're facing. To answer your first question, if both parents have legal custody of a child, it is generally not permissible for one parent to take the child out of the country without the other parent's permission. If your husband were to... Read more »
Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY
PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2023
I'm sorry to hear that you're going through such a difficult situation. To answer your first question, it is not legal for your husband to take your son without your permission. If he does so, it could be considered parental kidnapping, which is a serious offense. You have the right to... Read more »
Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY
PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023
It is not legal for your husband to take your son without your permission. As a parent, you have the legal right to make decisions regarding your child's custody, care, and control. If your husband takes your son without your consent, it could be considered parental kidnapping, which is a... Read more »
answered on Feb 5, 2023
Too broad of question to answer effectively. Did you go to jail, prison, or both? How long? Were your parental rights terminated, or was custody just changed to the other parent?
If your parental rights were not terminated, you have an uphill climb, but you'll want to work with an... Read more »
Called the Dr and cancelled her appointments already scheduled and said she wanted everything transferred to the mother's family Dr. He obviously says no but she is doing it anyway. They have joint legal custody. Can she be seen by both of the Drs since this will never get resolved unless he... Read more »
answered on Feb 4, 2023
Your son has the same rights as the mother. Both parents should be informed of all doctors appointments. When it comes to contrary forms of treatment, that's when things get hairy. Ultimately, a motion may need to be filed so the court can order a particular doctor, or in extreme cases, one... Read more »
At the time i was just his girlfriend and his sons monther started a bunch of drama and i retaliated in text so then she accused me of hitting her son and she told them how me and his father were always fighting and breaking up they believed her. The text she showed in court where only of my... Read more »
answered on Jan 16, 2023
"They" are not doing anything. The child's mother made an accusation that FOC substantiated, creating this order. You being engaged does nothing; being married might help. But your relationship status has nothing to do with what the judge will find pertinent to changing this.... Read more »
I am currently seeking sole legal custody of my son and I dont have legal custody of my daughter. They don't share the same father. I currently have joint legal custody of my son.
answered on Jan 9, 2023
There is no rule on that but you definitely have two different cases, even if it may be with the same judge, and so the holding on one case shouldn't necessarily affect the holding on the other. In other words, it's certainly possible - and happens - for a parent to have custody of one... Read more »
My girlfriend may be about to start a custody battle with her kids’ father. He is most likely going to try to get 50/50 custody. He is $5000 behind on child support. He has no drivers license, yet still drives with the children. He will try to lie and say things are different than they are. He... Read more »
answered on Dec 13, 2022
Sure is! Respond, appropriately, to his allegations. If he's filing, you will receive his allegations in writing; you may file a written response to them. In court, you will also have an opportunity to respond to any allegations made.
The judge's job is to assess credibility. Some... Read more »
my girlfriend has two children. right now, the arrangement is that she has the kids Monday to Friday, they go with their dad Friday night till Sunday night. he is about $5,000 behind on child support. his driver's license is suspended (he still drives even with the children). he says he... Read more »
answered on Dec 12, 2022
Whether he has a leg to stand on is to be determined. The person asking for a change has the burden to prove it. From what you describe, I'm not seeing much reason to change this. That does not mean he won't try.
I share 50/50 legal and physical custody. My ex lives 40 minutes away from my home. I have lived in my school district and raised my daughters there for the past 16 years, now its my three year old turn to start kindergarten, but he will not agree to my school district. Instead, he is proposing we... Read more »
answered on Dec 12, 2022
Best solution would be to get ahead of this and file a motion with the court to determine. I think you are in pretty good shape having had kids already in the district, and you actually living there. I don't see a court ordering a school district that neither of you live in.
answered on Oct 28, 2022
A CPS history will always raise a red flag. Criminal histories? Possibly, and depends on when and what happened.
A judge's concern is always the best interests of the child, and will interpret any CPS or criminal history with that in mind. It's not uncommon for BOTH parents to... Read more »
No established custody yet, (new case in court) parent holding twins finds any & every excuse & lie to avoid parenting time & makes threats if others voice opinions on social media also changes what’s allowed at PT. Ref did not say it was supervised but they are saying no other way... Read more »
answered on Oct 28, 2022
Possibly. But as I'm sure you know, nothing is going to happen unless and until a judge hears these issues and makes an order that can be enforced. Until then, your daily calls and messages to the other parent will likely continue to be ignored, and could actually backfire on you.
Do they contact family or fosters… previous witnesses if a story doesn’t match?
answered on Oct 18, 2022
More likely, referee will simply review the CPS and criminal investigation reports, and may contact those agencies for a status update. Judges and referees are not police or investigators so they are not going to be contacting witnesses directly.
Do I have to let him see his son? Is one question or can I tell him to take it court? He's been threatening court for 7years my son has been with me 7 years never left my side he's home schooled. The father smokes weed 24/7 found out he's been taking subtonin I forgot how to spell it... Read more »
answered on Oct 13, 2022
You can certainly tell him to take you to court. If what you're saying about him is true, there sounds like quite a bit of stuff he should work on before spending time and money going to court, but I suppose that's his decision.
Just know, though, that many judges don't look... Read more »
I am waiting on a court date to modify parenting and I am asking to modify parenting time because my daughter doesn’t want to go over her dad house all the time and she doesn’t like how he’s been treating her or the things he have said about me to her I hate having to make her go and here... Read more »
answered on Oct 1, 2022
You are doing the right thing by filing the motion. Perhaps there is something negative going on that your daughter is afraid of disclosing. Still, your duty is to comply with the parenting time order and continue facilitating her relationship with her father. Typically in these situations with a... Read more »
Long story short my exhusband lived with his parents so they helped raised my 2 boys for the last 10yrs of their life They decided to withhold this info from me because they did not want my boys to come to my house permanently since their father is not alive Another family member thought it was not... Read more »
answered on Sep 25, 2022
The police are right: this is a family court matter that needs to be addressed there. If you do not have legal custody of the children, it's possible that with the father dead, the grandparents would become guardians. And even if you have shared legal custody, the best interest of the child... Read more »
I am currently in a terrible marriage and would like to get divorced (living in MI) but i have no where to go or any financial support other than my family who lives in UT, my plan is to move to UT with my child and file for divorce, is there a certain way i should start this process?
answered on Sep 21, 2022
You should immediately and privately consult with a lawyer in Utah to inquire about the state’s requirements to file for divorce. Many states have a waiting period for new residents before someone can file for divorce. Also, if your spouse has no connection to Utah, then an Utah court would not... Read more »
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