Although I am sure you feel at the middle of this issue, the legal issue here is between your parents. If your parent wants to make a motion based on your wishes (in this case, your father), that is up to your parent.
I run into issues like this frequently in my practice. Your first step is to contact an attorney. His odds of getting custody cannot be predicted and you should not listen to any attorney who guarantees an outcome, which is an ethics violation.
Since they have fix myself to get them back . All my programs I have done say I am ready to have them back they will tell the judge I am stable. The father has not let me see them for a 2 years. He gave them up to a family member due to Social Service involvement for about a year now. I did not... Read more »
I am a mom of two girls who basically grew up with each other. Each girl has a different dad. The fathers now have custody of them. Neither is willing to make it so the girls can talk over Skype or phone without me forfeiting my calls or skype. When i have tried to skype both at the same time they... Read more »
The short answer is that it probably won't affect your custody case, but a lot of other variables can come in to play. If it is truly 10 years or older, you may even be able to keep the judge from hearing about it under the North Dakota Rules of Evidence. You should still seek out an attorney...Read more »
If my son is 13 and doesn't want to go to his mom's because she treats him bad what can I do? Can I file and go before a judge without an attorney and have my son testify that he wants to live with me? And if she has half custody can she force him to go with her? He said he won't go with her. Thanks
Generally, if there is a custody order from the court, the parties must abide by the order even if the parties make their own agreement outside of court. If there is not a custody order, then either parent may bring suit for a custody determination. The court weighs heavily on 12 Best Interest of...Read more »
In North Dakota you need the other party's consent or a Court order to move, if there is a custody/visitation Judgment giving him time with the child. This being said, I would proceed with caution and consult an attorney before doing so. There are some potential risks to taking off prior to...Read more »
My Husband is an alleged Father, but my husband wants to establish paternity and have the custody options if results are positive or have child support removed if results are negative. Is this an option? Child support is for ND, however we are Residents of SC. He did not attend the original hearing... Read more »
My daughter lives in Missouri and wants to move back to ND with her daughter. Nothing has been filed in Missouri at this point. She would like to move to ND and then file for custody and child support from here. The father of the child is not active in her life.
After 180 days of residing in North Dakota, your daughter may (generally) file for child custody in North Dakota as long as there is not an open case in Missouri or other jurisdictional issues present in the matter. Retaining an attorney is the best option available as child custody issues become...Read more »
I have been the primary care giver to my daughter since birth, to current. she is age 3, she has always lived with me. We live in North Dakota. We were getting ready to move to Michigan, and I already have a job and daycare lined up, and my boyfriend is there also. Aaliyah's father in ND has... Read more »
You need an attorney in this situation. The internet is not an appropriate place to address this answer because information about your case that is required to address your question should not be shared publicly. If you cannot afford an attorney, contact legal services.
We do both live in different states but When I told him he was wanting a abortion bad. When I said I was keeping it he wanted to file full custody of my child. But has not came to any of the doctors appointments. I have moved down to texas where he is for a period of time and he still didn't... Read more »
It is unclear whether you plan a return to North Dakota and which state jurisdiction would belong to. However, full custody is generally not an option absent extraordinary circumstances or the agreement of another party. You have no legal basis to demand that he shows up to appointments. When your...Read more »
My son is 7 years old and was born in WI. I moved to ND to be with family, with consent from child's father. He has had zero contact with his son in 5 years and is in and out of jail. I want to go for full custody now. I am engaged to be married to my boyfriend, also the father to my twin... Read more »
I see that your question is in the North Dakota section but your location is West Virginia. These states have different laws. However, if your case is located in North Dakota, it can be difficult to escape a default judgment. Although you are facing an uphill battle, it would be wise to contact an...Read more »
I wanna file for divorce but I have a child involved...we have been married since 2009 but haven't lived like a married couple since he's been in and out of prison. But he found out I moved on and I'm pregnant with a new baby so now he's threatening me on taking my daughter n i... Read more »
Judge stated i was not unfit nor was it likely i would harm kids. I rescheduled an appt. Once which did not stand in violation of any order. I notified the guardian when she asked. She told opposing counsel who by letter requested a hearing . the letter included the date for rescheduled test... Read more »
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