We have a shared parenting custody agreement in the divorce and I pay child support. He is her main source of child care since he is out of work and on house arrest. Is there any way I can become the resident parent?
File a Motion to Modify the Shared Parenting Plan and Motion for a Guardian ad Litem to be appointed in the Court where the divorce was granted. If you think it is an Emergency, file an Emergency Motion, though depending on the Jurist will depend how quickly you receive a hearing.
Greetings from a steamy afternoon on the North Coast. No, the child support should be directed to the person who has Legal Custody. The Child Support Enforcement Agency can assist with the necessary paperwork.
Talk to children's services to start. You could file for guardianship with the local probate court. Check the court web site for the guardianship process. Use the Find a Lawyer tab to retain a local probate attorney who handles guardianship to assist you.
My daughters dad and I have shared custody (nothing legal just an agreed upon timeframe). On my time, he constantly is calling and texting me and harrases me if I don't answer his calls. He calls/texts anywhere from 5-20 times per night. It is excessive and he gets nasty when I do not respond. I... Read more »
If you were not married, and no court granted him parental rights, then you have sole legal custody, and you do not have to allow him any contact at all. He has no rights until the court grants him rights. If he is harassing you, you can block him. If he is not paying child support, then file...Read more »
Yes, she can sue you for her injury, even if she was on your property. A court would determine the extent to which you might be liable. If she does sue you, then report it to your homeowner insurance company. You might offer to pay her medical bills to avoid litigation.
My ex and I are still legally married. I pay child support but there was no custody hearing so there is no custody order. She lost her apartment and is currently living in a three bedroom mobile home that is housing, including her and my kids, 7 or 8 adults and 4 children. My daughter, 14, sleeps... Read more »
If there is no custody order, then both parents have custody. If you keep them, then the police are not likely to get involved unless she accuses you of threats, harm, etc. Use the Find a Lawyer tab and retain a local family law attorney to review the situation and advise you.
There is no formula to determine alimony (spousal support). If the two spouses cannot agree on an amount and duration, then the court will review the income, expenses, debts, employability of someone who is unemployed, and total financial situation, and determine the amount and for how many years...Read more »
I’m a minor who wants to be emancipated when I graduate at 17 and 4 months old. My father and I are permanent residents. If I can completely support myself by graduation and petition the court for emancipation, will I have a chance for them to allow it? Will I be an illegal immigrant then because... Read more »
We are not married so my name is not on the paperwork, but for the better half of 3 years I have been their mom. They call me mom. I am the only one who works, he lives off the money the state provides him. I am the one who does 90% of everything for those boys. My boyfriend and I are not working... Read more »
Unfortunately, you currently have no legal standing in relation to those boys. If your boyfriend is unfit, you could petition to have him removed as guardian and you be appointed their guardian instead. Otherwise, if you and he separate, he would determine when and if you can continue to spend...Read more »
The DNA test was not court ordered but matches the other person. I provide shelter, medical, religious education and practices, enrolled in school, have reliable day care, and all financial support. I also wish to continue to be in my child's life moving forward. What are my rights
The actual father might file for parental rights, and the court would then review the entire situation with father, mother, and you, and determine what is in the best interest of the child. Use the Find a Lawyer tab to retain a local family law attorney who can review the situation, advise you of...Read more »
There is no way to predict. It depends on all the facts and circumstances. But if the circumstances causing the removal of your first child are still present, then it is likely the same thing will happen with the second.
My parents fought for the adoption because I was an ex drug addict and they thought i was still using when i wasnt.. I have been clean for 2 and a half years now and would be absolutely willing to take a drug test to prove that. My daughter is almost 4 years old. My mother gave me no option but to... Read more »
That question is much too complicated to answer on-line. You will need to retain an attorney to review all the facts and circumstances, and advise you what actions you would have to take. Use the Find a Lawyer tab to retain a local attorney.
My boyfriend has to go to a hearing with his ex wife to determine child support but we have his son through the week and she has the weekends, On the weekdays she is going out on dates, taking her self out, etc. Will the court look at that to determine child support? Will he have to pay if he has... Read more »
Greetings from a bright and sunny Friday morning. The Court will take into consideration time spent for child support purposes, though the Father should also file a Motion for Legal Custody and curtail the Mother's parenting time.
My sister in law has custody of our Niece. Her mother lost custody due to drugs and neglect. I’d like to get custody of my niece so she could have a more stable permanent home. My sister in law and I both agree that would be best for our niece.
Greetings from the North Coast. Under the statute you have Residual Parental Rights and Responsibilities. You should not take your child to the hospital or doctor for a routine healthcare issue without cooperation from the Legal Guardians, though you absolutely have a right to be present and have...Read more »
The court process will proceed. If he has filed with the court, then the court will set a time for the hearing that you can attend and offer testimony and evidence, such as police records. The court might or might not allow the children to testify. But you would be prudent to retain a local...Read more »
Parent continually misleads the child. Places no value on education. Deficient on maintaining healthcare as the child has severe allergies. Does not take the child to scheduled physical and mental appointments as the child suffers from PTSD. Favors younger daughter in all instances. Taunting and... Read more »
The child cannot choose, the Parties can agree or pursuant to 3109.051, a Motion for Legal Custody can be filed in the Juvenile Court where you reside. Any person that has a relationship to the child may file and most jurisdictions have forms on line.
There is no official age that children can be left alone, though it is my experience, depending on the jurisdiction, where the police will have the authority to determine if it rises to the level of child endangering. You may wish to err on the side of caution and not leave an 8-year old with a...Read more »
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