There are no forms for that. But you may be able to find an attorney to draft it for you, and tell you how to file it with the court, serve it on the other party, schedule the hearing, and then conduct the hearing yourself. Or just hire an attorney to handle it for you.
They sit and talk 2 days before she filed for custody it was clearly discuss and agreed to retained the schedule of the child with his father and will talked more about them moving some other time because she still need to attend a family gathering. But she blind sided the father and filed for... Read more »
We all lived in NC together... Wife/Mother of our child had an affair, openly admitted to it. She is pursing a relationship with the person she had an affair with, making arrangements to live together etc...
My wife moved our daughter out of state to NY and is not allowing me to see her.... Read more »
There are specific rules on this. You need to file suit in NC immediately and based on what you represented you should have grounds for emergency custody. The uniform child custody jurisdiction act controls in this situation and as long as she has not been gone for more than 6 months, the Court...Read more »
potentially. If she was married at the time there is a presumption that her husband is the father which may give you some protection. At the same time you have a duty to make reasonable follow up on your actions to see if there was a child born. You also may be subject to action from the husband...Read more »
Kids lived in nc 6.5 yrs then moved to wa when order was made in 2015. I have filed a modification to custody in nc where i live back in june and just got a court date in nov to see who has jurisdiction nc or wa. But nc has not released jurisdiction to wa so i think my case should remain in nc???
Jurisdiction typically goes where the children reside unless the order retains jurisdiction. Even then it would likely be super easy for the other parent to have a WA Judge step in. So it really depends on whether the other parent wants to make things difficult for you. If so, you will likely...Read more »
My niece is 15 and her and her mom are not getting along and my niece wants to come back and live with me. I live in NC nlw and her mom lives in Maryland. Her mom has no problem with her coming back to live with ms or giving me temporary guardianship. My brother (which is her father) is... Read more »
biological parents have a superior right to the physical custody of the children however this right is not absolute. Mom could allow child to come live with you and execute a power of attorney and a health care power of attorney however many schools will not accept this to allow you to enroll the...Read more »
Father is on drugs and not been seen in awhile. I would like to get my son out of a toxic situation, am I legally aloud to do so even though he as been with grandparents for 6 months? Do they have any rights? I’ve not been served any papers or anything like that. Father and child both reside in... Read more »
As a biological parent, you have a paramount right to the physical custody of your children, unless those rights have been terminated or you have been found to be unfit. I suggest you retrieve your child immediately to avoid arguments that you have abandoned the child or abbrogated your rights,...Read more »
Mother sexually involved with 2 men. Lives with Man A. Took a prenatal DNA test with Man B that came back 99% Man B is the father. Mother tells Man B that she is moving forward as if Man A is the father.
either potential father can file either a custody action or a paternity action involving child. Once paternity is raised the Court will order paternity testing. The mother cannot refuse without facing contempt. If the mother is not married there are no presumptions of paternity.
In my situation, I am living with my younger sister and brother with a woman that is emotionally abusive to only me and my sister. In order to get out of this, I spoke to my dad, asking him if he could give permanent custody of us to my grandparents who live in TN. My questions are: since he has... Read more »
this can be done. the grandparents would actually need to file a motion to intervene and for custody. If dad is willing to sign a consent order this can happen quickly. The person you are with now has no legal custody.
Where is your mother and have her rights been terminated??
He’s a good kid and doesn’t deserve the crap life he’s been dealt. I live in NC and want to take care of him. If it’s kept very under wraps, could we get away with it? I’m scared if she doesn’t seriously hurt him, he will hurt himself.
I received pregnancy mediciad towards the end of pregnancy because my son wasnt going to be covered under my insurance. He is now covered by mediciad but I was told even though he is covered if want to continue my coverage id have to put the file for my the father to be on child support my casr... Read more »
Medicaid is a form of insurance provided by the State to provide health services to low income individuals. As it is provided by the state, the State is entitled to seek reimbursement for any medical treatment provided from the responsible parent. In this fashion they will seek reimbursement...Read more »
There is no such thing as 'legally separated' so "one person [can] just move out and then file for Divorce a year later" However, if you do it that way not knowing the law - which you clearly do not, you can screw yourself pretty hard. If things are amicable, your best bet is to resolve all the...Read more »
My child godparents offered to help out with my child until I got on my feet end up expanding to a year I’m stable as possible but she filed emergency custody and she put lies on the petition that I’m unfit I never abandon my son I been in his life the whole time she had him in her care I take... Read more »
That is not what I said and if that is what you understood from my response then your odds have just dropped some more. Words have specific meaning. What I said was your odds are not good with an attorney and are dramatically reduced if you represent yourself. I did not say you have no chance....Read more »
My son is 2yr old been in his godparents care for 1yr 3 months I moved to Charlotte December of 2017 got a place end up losing it June 2018 Was going move back to Fayetteville but they offered to help me Until I got back on my feet I never wrote any agreement or rights to them now that I’m stable... Read more »
You need an attorney. Based on your own description - they don't need to lie. Even if everything they said in their Motion for Emergency Custody is lies and everything you have said here is true - even with an attorney, your odds of winning are likely not good but without an attorney, they are...Read more »
She has 2 kids and has been trying to handle a messy visitation agreement on her own. Shes being tricked by her babys fathers lawyer into signing things. She has a court date set for the end of this month and no representation as she cant afford to hire one. Shes scared shes going to lose her kids.... Read more »
Raise money for her to hire an attorney. Do a fundraiser, post on GoFundMe, try Facebook donations, but trying to find a pro bono attorney is pretty much a non-starter. But you might be able to convince an attorney to take it on a flat fee of 2500 to 5000. Practicing law is an extremely...Read more »
We have filed a Show Cause and Contempt along with an Amended Motion to Modify Custody on July 24, 2019. My Ex attorney was served by fax the same day as well and certified mail received 3 days later. As of today we have not received a response and her attorney is not answering emails, calls or... Read more »
Mother was sexually involved with 2 men, not married to either, but lives with Man A. A prenatal DNA test was done and the results state Man B is the father. Mother states that she is moving forward as if the baby belongs to Man A. Can she refuse to allow a second DNA test with Man B upon the birth... Read more »
Yes, she can refuse and then man B can get the Court to force her to comply. Of course, unless man B plans to try and obtain custody of the child, all man B is really doing is setting himself up for 18 potential years of paying child support.
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