Lesley B Foss' answer You would need to write up and file with the Court a written Stipulation reflecting what provisions of the Judgment you've agreed to modify. Both parties would need to sign and notarize the Stipulation. You then need to prepare and file a proposed Order and a proposed Amended Judgment.
Nicholas Nelson's answer Your question has multiple factors that cannot be adequately answered without a full consultation.
However, general speaking, a parent may bring a custody dispute in ND if the child lives in ND. To protect your parental rights, you may want to file for a judicial order that gives you custody and prevents the father from taking the children out of state.
***This is general legal information, and I cannot provide adequate legal advice without first discussing at length the...
Gregory William Liebl's answer Like most legal answers, it really depends. What state are they living in? Is there an Order/Judgment in place? In North Dakota, if there isn't anything in place, he has as much of a right to the child as the mother does. That being said, he should not keep the child from her. There are different legal avenues to take to address this issue, which is fairly common. Contact an attorney to follow up on this and how she can handle this situation, legally.
Lucas Wynne's answer If you are going through a custody battle, the second it goes into court there will be child support established. Whether you want it to be established or not will not matter to the court. Why? Because the state considers child support the right of the child, not the parents. The only way to avoid child support ever being established is to never have your case enter a courtroom. Even then, the state also has the right to petition for child support independently. But beware! If child support is...
Gregory William Liebl's answer It never hurts to consult an attorney. The laws on moves out-of-state vary between states and so it is important to know where he brought his motion. You should probably call an attorney in the state he brought the motion to see what your options are.
Nicholas Nelson's answer Each minor child is entitled to child support. Generally, whether you were married when the child is born is merely a factor for the court to consider. The court will also consider whether a person other than the paternal father held out the child as his own child and acted in the capacity as father. Child support can be particularly difficult when dealing with more than one father coupled with a divorce - you should seek a licensed attorney to assist you in this matter. Good luck to you!
Lucas Wynne's answer 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.
Lucas Wynne's answer 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.
Nicholas Nelson's answer Here are the North Dakota Child Support Guidelines. NDCC 14-09-09.7. Other law may apply to your situation. You should not rely on the information provided, as adequate legal advice cannot be rendered before an attorney meets with a potential client and discusses all relevant facts to the specific matter. Good luck!
Nicholas Nelson's answer Here is North Dakota Law regarding periodic review of child support orders. North Dakota Century Code 14-09-08.4 and 14-09-08.6. Other law may apply to your situation. An attorney cannot provide adequate legal advice until first meeting with the client and discussing all facts relevant to the matter. I hope this helps!
Lucas Wynne's answer Child support is the right of the child, not of the parent. If you want to stop child support, get remarried and inform the child support unit. You may need a lawyer if extra steps are required.
Lucas Wynne's answer 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 contentious quickly. I hope this answer helps.
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