The dad is on the birth certificate but there's never been anything that's gone to court and there is no arrangement. He also signed a piece of paper giving me more custody when I had to get medical assistance. My son is 10 now.
answered on Nov 1, 2022
If never married, and there is no adjudication of paternity, the mother has sole physical and legal custody. The father has no child support obligation and no right to parenting time, unless and until a court orders it.
A guardian, his mother does not work, and really does not provide for him.
answered on Jul 14, 2022
You could bring a motion for custody as a de facto custodian, if you’ve cared for the child at least six months in the last 24 (need not be consecutive), however the statute also requires that you be the “primary” caregiver. If the child is with you on weekends and with mom during the week,... Read more »
If my kid's mother withholds her is that considered contempt of court My daughter is 11 is she allowed to choose whether she comes to my house or not
answered on Jun 22, 2022
It isn’t generally handles as a contempt issue at this point. You would bring a motion to enforce the decree. If she still withholds her, you could then seek contempt.
You can also ask that she be ordered to pay your attorney fees.
answered on May 29, 2022
It depends upon the language of the Judgment and Decree. If it says nothing, you are generally free to take them. The Decree may still require you to notify the other person and provide contact information for everywhere you’re staying.
She has gaslighted me, attempted AND succeeded to ruin my reputation, my career, and has used knowledge of very personal matters (like past sexual and physical abuse) against me and even took my kids and dogs to my abusers house 4 weeks ago (my parents) and told them all of my secrets. I asked her... Read more »
answered on May 16, 2022
There isn’t reality a cogent question here. But it seems to me that the place to start is by reaching out to some family law attorneys about pursuing a divorce here.
Mom changed her mind last minute and is bringing her to grandmas house. Is the dad able to legally have that custody time if the mother is out of state for that week. There is no court ordered custody agreement.
answered on May 7, 2022
If there is no court-ordered custody or parenting time, dad has no legal rights to time with the child.
I have legal and sole custody of my daughter
I was never married assign the recognition of parentage a s with his mother child support has been established but yet she's making me go to someplace safe and pay to see my son she's mentally emotionally abusive my son is petrified of her puts me in jail as she lies to law every
answered on Apr 22, 2022
I am assuming that child support was formally established via a paternity order. Did the order also grant parenting time? That will control what you can and cannot do as well as how much time you have with the child.
If there is no paternity order (and child support is thus informal), you... Read more »
My ex and I broke up after he assaulted me and broke the order after being released from jail. He claims I destroyed his things and moved in with ex and got an order for protection against me. Can I move states with my kids legally? He has domestic abuse charges and drug and alcohol problems. He... Read more »
answered on Apr 15, 2022
Your info says you are in Indiana, so Minnesota law isn’t applicable.
That said, in MN, if he has court-ordered parenting time, you cannot move out of state without his agreement or court order.
The paternal grandmother of my daughter has custody right now. Over 2 years ago, the court granted me visitation, but she has refused, and/or made it very difficult. She has emotionally abused me and alienated my child from me for 2 years now. I am not allowed to talk to her, send her gifts, I got... Read more »
answered on Nov 2, 2021
You bring a motion in court asking that the parenting time schedule be modified.
Currently going for custody of my daughter, the mother had an ofp against me through out her pregnancy citing that I abused her on ONE occasion, she filed the ofp at least a month after the alleged abuse and the police were never called.
To my understanding everything she said in the ofp... Read more »
answered on Oct 19, 2021
The short answer is no. I’m not sure which attorneys told you that you shouldn’t hire a lawyer for the OFP hearing, but that wasn’t good advice. There is no way to unring the bell and have the judge ignore that a different judge made a finding that there was domestic abuse.
From the start my kids have not wanted dads gf and kids with on their supervised visits, but he Dosent care or acknowledge their feelings/wants. Situations keep happening & things keep getting worse and he will not remove the problem for the sake of his kids. What else can I do for my kids?
answered on Sep 25, 2021
It depends upon what restrictions are put in his parenting time in the divorce decree. If it doesn’t prohibit his GF and kids, he can bring them unless you bring a motion to modify and can demonstrate that a prohibition is in your kids’ best interests.
She has them on her medical insurance and I pay the daycare. We are still currently living together but I’m looking at moving out but in the same town so that the convenience for her if she needs help with anything and for the kids. I just want to know how we’d go about making an agreement or... Read more »
answered on Jun 2, 2021
You can jointly petition the court to establish custody, parenting time, and child support. If paternity has not been adjudicated, you need to include that in your petition.
Daycare is one element of child support, as is insurance, and would be divided between you. You can get a... Read more »
I have a question regarding a custody agreement. It's joint physical joint legal. Custody order exchange on Sundays at 11:00 a.m. however the mother is habitually late all the time and has recently even missed her scheduled Holidays. Makeup days as written in custody order must be mutually... Read more »
answered on Jan 4, 2021
You should review your custody agreement with an attorney. They will be able to accurately advise you.
My fiancé is having problems with the mother of his child with custody she hasn’t follow any court orders and refusing to give him his parenting time but he has proof of it judge doesn’t allow him to present it in court .
answered on Nov 25, 2020
There could be an issue with the way he is attempting to present the evidence. Courts have specific rules about how evidence can be entered into the record. He should hire an attorney to assist because attorneys know those rules.
answered on Nov 24, 2020
I think your post has at least one typo in it which makes it difficult to understand and impossible to answer. Try posting again.
My 11 year old step son has sent his dad and I an audio recording of his mom and her boyfriend fighting (video really but it is in his pocket so only audio is usable). They break several court orders from past custody disputes. When we asked him why he recorded this he said he wanted to make sure... Read more »
answered on Oct 14, 2020
This question is very hypothetical. You can use any evidence in court that you can get in over objections.
And have their boyfriend come to the door To drop off a gift? Also are they allowed to try to contact you via 3rd party considering they are the ones who placed the order of protection on you?
answered on Jun 22, 2020
An OFP is a one way street. The protected party is not prohibited from doing anything. They can call, text, send gifts, visit etc. None of that is a violation of the OFP. However, if the other party responds to contact initiated by the protected party, it is a crime. A first violation in 10... Read more »
Now she says I can only see them Outdoors and 6' away. I have a court order granting me visitation without stipulation other than date/time arrangement. I work from home and have not ventured out during this time. I think I should be allowed to have my kids in my home. Can she mandate this?
answered on Jun 1, 2020
No she cannot and by doing so she is in violation of the court order as it applies to your parenting time. I currently know of no judicial officers who are suspending a parent's time with the children, or putting such drastic restrictions upon how and where it occurs, because of the pandemic.... Read more »
She was just in jail for Meth, Running from law, Hiding a fugitive and driving when she doesn’t have a license. We live in MN. Her probation officer said that it was best for her to come out but everyone else I talk to disagrees. If we talk more I can give more details but I need to know how to... Read more »
answered on May 2, 2020
I would be more than happy to speak with you, as would many of the attorneys on this site. You need some help to get this done. This is difficult situation. When do you turn 18? Are you currently emancipated? Those would be good first steps. Do you think your mother would agree to you... 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.