The child was already registered at school with father's address due to the mother temporarily losing custody during Kindergarten registration. The mother now has custody rights again. Father purchased a home in the child's current school district. Mother lives with family in the same... Read more »
Owning or renting a home ios not a relevant factor, in and of itself, in determining custody.
One of my children supposedly tested positive for methamphetamine but I was never charged or convicted for child abuse and neglect because it couldn't be proved that it was me the reason she tested positive but my kids are still in foster care. how is that. Things just don't make sense or... Read more »
If you live in Tennessee you should post this in that state.
Whoever files first as long as the state has jurisdiction has the case heard in that state (for divorce purposes). However, if the children were out of the state for 6 months or more before the divorce was filed then the state where the children resided for those 6 months has jurisdiction over... Read more »
My stbx lives in Canada. I live in NY.
I sent him uncontested paperwork because we were on the same page and made a custody agreement and was delivered on May 5th through USPS with a signature required. I asked him if he signed and returned the papers and he still has not sent back because... Read more »
If you are talking about an uncontested packet, then unfortunately there isn't much you can do except restart the process by having someone serve his personally with the papers. You are not allowed to serve papers and as such time does not start to run until he is served properly.
You really need to sit down with an attorney and go over all of the facts of your case this isn't something you can do on this forum.
Case was dismissed But it left me in a lot of misery until this day
The answer unfortunately is no
Who will have more chances to get custody - me (staying in US) or him moving kids back to Russia. They are born and grew up here?
He has a heavy burden if he wants custody first he has to show the children are better off with him and then he has to show that the children's lives will be enhanced by the move to Russia.
My ex-wife wants to have a family member who is 15 YO to babysit 3 kids (4, 8, 9 YO) who are currently doing remote learning and need constant supervision and help. Her plan is to have the 15 YO watch all 3 boys without any adult supervision for over 9-10 hours a day, 5 days a week, every other... Read more »
15 YO are used as baby sitters all the time especially during the day. This is something you have to work out with your wife or get the lawyers involved.
I currently have a temporary custody agreement with my ex-wife until we can finalize our divorce which give us both legal and joint custody. The “right of first refusal” is on our draft but not signed agreement. She is returning to work due to covid restrictions being lifted. She wants a 15... Read more »
If it is not in the signed agreement, it does not exist. You can file a petition in court to add that provision, but a judge will have to decide whether it is in the best interests of the child.
My order states I cannot move more than 50 miles away. I'm looking for a better life with my family outside of the 50 miles. Once my son turns 18, am I free to go? Does it matter that my son has a disability?
Custody orders do expire at the age of 18. However, child support orders expire at 21. If you move so that the non-custodial parent can not visit with the child, the non-custodial could try to petition the court to terminate support. I am not saying it will be successful, but an argument can be... Read more »
What does your custody order say? You need to see if there are any geographical restrictions. If not, then you are probably fine, but have it reviewed by your lawyer.
I am 18, my brother is 17. Our paternal aunt and legal guardian is planning on abandoning us and moving out of the state. We cannot financially support ourselves if she leaves, let alone abandon a minor who she still holds custody of. What can I do to ensure that my younger brother is financially... Read more »
You can bring on a support petition in family court.
He claimed at our first hearing that his income was $300 a week (2007), when I asked if he got any pay raises he always said no. I have had several people report to me that is income is now $450-$500 a week plus his employer is leasing a couple hundred acres from him. He has also sold all live... Read more »
File a petition to modify the child support order. You can call witnesses and your attorney can subpoena his employment records and the lease.
You should call the police. You can also file a petition for habeas corpus.
The court case was started in KY because of ex husband. My lawyer in KY is not contacting me when court is in session. They have not put my daughter on the custody or support case (born Feb 2020) and my ex husband is lying to the judge about the circumstances of myself and my son moving back to NY... Read more »
It seems that a custody and child support case for your daughter is not pending in Kentucky. If this is correct, there is nothing stopping you from filing in New York. Typically you would start with a custody petition and file a child support petition. The custody petition generally would be... Read more »
I've been paying child support and when I lost my job I paid what I could from my savings until depletion. I fell into arrears and took out a loan to catch up with child support but not sure I can keep doing this without income. Can I modify child support while my case is still active in... Read more »
Yes you can. Your attorney should be able to help you by filing a motion, or ask for a conference with the judge. You need to show inability to pay and that it is not wilful - meaning you are trying to find and take any kind of job you can right now in order to support your children.
Regarding to children's schedule during holidays and birthdays. The signed temporary court order (expired) has no mentioned of parent's birthday, only Thanksgiving and Christmas. Ex-wife chooses when to use draft or signed court order to her benefit. We also agreed to change schedules... Read more »
Unless the draft order is one that was done on consent of by court order, then the signed temporary order controls. Temporary orders expire only if they say they do or the events in the order have already happened. You should also be aware that due to the courts being closed, all temporary orders... Read more »
My ex got pregnant and she told me that she miscarried, but really she had the baby and has been keeping it a secret ever since. Do I have any legal rights in this situation? She cant legally keep my child from me? Can she?
You can file for paternity as part of a custody petition. If you are the father you will get visitation and you will pay child support, unless you become the custodial parent. Talk to a lawyer.
When you say change of address do you mean a relocation out of state or just moving to a new location in the state? You should consult an attorney about the facts of your case and bring your Judgment of Divorce and Separation Agreement so that can be reviewed at the time of the consultation and... Read more »
My son mother has changed her number and has keep me from my son since nov2019 and this isn’t the first time
Not criminal charges, but she could lose primary residential custody.
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