Yes. If you have temporary physical custody of your child by virtue of a court order, you can be taken off child support. The temporary order should order that, but if it does not, contact your DHS case worker and provide her with a copy of the order showing that you have temporary physical... Read more »

You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.

If her parental rights were terminated, then she cannot come back and reclaim custody. The best thing you can do is to hire an attorney and petition the court for custody yourself. You do not say whether or not there are other family members available for the child. This, of course, may complicate... Read more »

The short answer is yes. Each party has the right to request documents and other things through subpoenas. However, your attorney can file a motion to quash the subpoena if it is not relevant to the issues pending or if the other party is on a fishing expedition.

Once the back support becomes due, it is vested. It cannot be forgiven or waived. You would still be entitled to the back support if he was ordered to pay you in the court order. If you allow your child to live with your mother, she should receive it because you would no longer have the child and... Read more »

Your friend will need to hire an attorney for this one. She will have to file for a modification of the present order and request custody. She will have an uphill battle and may be successful in only gaining incremental gains over time. In other words, it may take more than one filing over time.... Read more »

You don’t say how old the child is, so the quick answer is maybe. If contact is denied to the father, he will have to petition to court for either visitation rights or some kind or contempt if there is an Order in place establishing his visitation rights.

Yes, an emergency hearing would be available to the custodial parent in this situation with or without notice to the noncustodial parent, depending on the circumstances. However, steps should be taken to file such a motion immediately. Once the emergency has passed, the custodial parent will have... Read more »

The first consideration for Chancery Court is the best interest of the child. The contract between the donor and the birth mother is only one piece of evidence to be considered. The donor may be able to contest the arrangement and seek visitation with the child. However, it will not be an easy... Read more »

Each parent has a legal dury to support their child or children until they reach majority. The notion of waiving child support for better terms under your divorce is never an appropriate exchange. It does happen frequently, but rarely to the advantage of the parent waiving child support. I would... Read more »

You need to get with a family law lawyers ASAP. Assuming that there is paperwork giving you joint legal custody, unless there is something saying that you cannot have the child, then you are entitled to have him in your custody.

It is something that you can attempt to do yourself; however, when it comes to custody matters, many judges throughout the state require that the parties be represented by an attorney.

You need to get in touch with an experienced family law attorney. First and foremost, the main question that I have is whether there is a custody order already in place. If there is, that would outline all visitation matters, in which case there is a good chance that you can file a complaint... Read more »

From the sound of it, you have a decent shot at modifying custody so that he has custody of the kids. The problem that comes into the play would be the back child support, because that continued to accrue even though the kids were living with you. I would highly encourage you to reach out to a... Read more »

It depends on what you want to accomplish.

If you want to get divorce, an attempt to get married to another woman would be persuasive evidence in establishing adultery. If you want to get the second marriage set aside, you could petition the chancery court for a declaratory judgment to... Read more »

You will need to hire a lawyer to file the necessary paperwork with the Court. Keep in mind that you would also need to notice the biological father on any court proceeding.

You can attempt to get temporary custody; however, if there is already a custody order in place, it will be incredibly difficult to modify that, even on a temporary basis. That being said, the easier approach would be to separate the contempt side of things from the modification side, so that you... Read more »

You would need to draft the necessary legal documents explaining to the court the circumstancing requiring an emergency hearing and requesting emergency custody.

Based on what you are saying, you have a significant advantage; however, in these types of matters, time is always of the essence. Your best bet is going to be to get with a family law lawyer sooner rather than later, so that they can walk you through the process and strategize.

Yes, even though bio father may not be on the birth certificate, he still has rights that he can pursue, which would in turn be superior to the stepdad. I would highly encourage you to reach out to a lawyer sooner rather than later, as these types of cases can get very nasty, very quickly. Feel... Read more »