REQUEST FOR TEMPORARY ORDER HEARING IS DENIED. THERE IS A CHILD OF THE MARRIAGE (X2) SEE ALSO: FD-20-469. BOTH CHILDREN WERE BORN DURING THE MARRIAGE OF FD-20-469; MUST FOLLOW UPA.
Without seeing the pleadings or knowing any of the details of your case I can only guess. It sounds like maybe a Petition for Divorce and Application for Temporary Order was filed that failed to disclose there were children of the marriage. I am also going to guess that this sounds like a pro se... Read more »
He was born in Georgia and moved 2 years ago. I’m not on child support yet either.
You would file the case in the state and county where the child currently lives. Hire an attorney and they can get this done for you.
my daughter lives with my cousin in another town because she is going to school there. They want to get her teeth fixed but in order for them to get her on their military insurance, she has to be part of their family so they want me to sign some kind of temporary parental control or something like... Read more »
Parental rights in Oklahoma are only terminated in connection with an adoption or for abuse/neglect in a deprived child action. If there is a guardianship where someone else has control of your kids that does not terminate your rights, but it can give that person the right to have possession of... Read more »
Follow up to a previous question, thanks.
Calling police won't help as this is a civil matter. The court enforces visitation orders, not the police.
If she denies the court ordered visitation you can hire an attorney to enforce your visitation. The other option is if it is only one day of visitation that is at issue you... Read more »
She made plans on my day and has told the kids she is going to keep them whether I agree to allow her to or not. Could I call the police?
If you have a court order for visitation and she denies the court ordered visitation you can hire an attorney to enforce your visitation. The other option is if it is only one day of visitation that is at issue you could agree to a make up visitation day on one of her scheduled days. If it is... Read more »
I'm a stay at home mom and I'm trying to get into school. We have a toddler. Things are becoming untenable and I know we need to leave. How do I make sure I can keep my little safe when it comes to custody and visitation.
I’m sorry to hear about your situation. That can be a lot and you should really speak to an attorney about these logistics.
In Oklahoma, if you prove there is domestic violence, the abuser is not supposed to have unsupervised visitation with the children unless the abuser overcomes the... Read more »
She has been to a youth shelter twice in six months because he is mentally abusive. Can I file for emergency custody and which state do I file in? She wants to move back with me, hes only had custody for a year.
From what you've described, it sounds like the "home state" of your child is Oklahoma, so you could likely file in Oklahoma. I do not know or practice Kansas law, so you should contact a Kansas-licensed attorney to explore options of filing in the place where your current custody... Read more »
My son's father has been convicted on several counts of rape 2, forcible oral sodomy, and manufacturing child pornography. My son is 14 and no longer want's contact with his father. However everything I have read states I have to have a husband to do a step-parent adoption. Is there... Read more »
There has to be someone to take the place of the parent being terminated. The only way to terminate rights is through an adoption or when DHS takes over to terminate. So in short, until you have been married for a year and have a step-parent adoption he stays on the books as father.
We don't know if we need to petition something again or have him served with the new court orders?
If the judge extended it then your next step is go to the next hearing date. Not knowing any of your specifics makes it challenging to answer otherwise. As Gary mentioned week a family law attorney for better guidance.
When my child was 1, the mother of my child left the state without consulting an attorney and I haven’t been able to see my child in almost 4 years. We have had shared custody since my child was born. She is posting online about being under the influence, selling illegal drugs and blatantly... Read more »
Your post raises a few questions and if you can provide some additional information I will try to point you in the right direction.
You say you have shared custody. Is there an actual custody/visitation order from the court? If so, what court?
Where does the child live now and how... Read more »
In the Child custody plan my ex is entitled to claim our “minor” child on his taxes, with the proper form. Is this still in affect, now that he is no longer a minor?
It depends on if the child still in high school and the language of your court order. Have an attorney review your order and the facts of this matter for a reliable answer.
Family law cases are not as simple as filing out forms. Preparing the proper documents in only part of the equation. It is also critical to follow the appropriate procedure, local court rules, and fully understand the rules of evidence so any evidence can be properly presented and considered by... Read more »
A caseworker states false affidavit then resigns the judge denied cross examination or a continuance when I had factual evidence contradictory to caseworkers statement and affidavit
This would depend on the details and the specific reason the court made that ruling. Did you have an attorney or were you trying to represent yourself?
Consult with a probate attorney concerning the estate. You would need to file a guardianship for the children. You may be able to find one attorney that can help with both. Best of luck with this matter.
We were never married and very recently split. We've decided on 50/50 and are wanting to do something like 3 days-4 days until he finds work, which we would like to switch to his days off he gets our daughter.
Both Pete and Brian are giving you sound advice. A Petition to Establish Paternity, Custody and Child Support is the smartest safest way to protect all parties. You are getting along now, but if you look in the courts you see millions of people that were getting along at one point that are no... Read more »
If I owe and am paying on back due child support, but custody is modified and I am now the primary caregiver and am awarded child support by the other party, does the child support I am to receive have to go towards my back child support?
Custody and Support while are often connected are technically separate items. In most cases the Child Support is also modified at the time of the custody modification (assuming that was done through the court and not merely by agreement). If you did not do the modification through the court, then... Read more »
He filed for paternity and custody after I filed a protective order. He is not on the birth certificate. I moved and did not know he filed. He now has criminal charges pending for domestic violence. Is the paternity case dropped? Or will I be served for that when I receive the subpoena to testify... Read more »
stricken generally means that any hearing that was scheduled to occur has been cancelled for now. It appears that he was required to serve you with notice of the hearing and failed to do so; therefore, the court would not conduct the hearing. The hearing could be reset, but he will have to take... Read more »
Legal custody is the rights to make decisions about things like medical, religion, and school. Physical custody is that she is the primary custodian and has physical custody of the child. That does not mean you don't have rights to visitation. Did you file a Paternity action? Did you get a... Read more »
I live with my mother and her boyfriend. Her boyfriend has been emotional abusing me and my sister for over a year now. He has slapped my sister repeatedly and has verbally abusing us. I’ve had dark thoughts of running away or suicide. What do I do?
"As a fourteen year old girl, am I able to create a case in court?"
Report and discuss this with your parents or other trusted adult.
Father has never been in the childs life, never paid any support or anything. Was never around during pregnancy. Only share dna. Mother owns her . own home paid for makes good money. Father is on public assistance. Mother wants nother from the father. Father was abusive to the mother till she got... Read more »
There are many things that can come into play when the court considers the best interest of a child in a family law case and requires more of a discussion than what can be handled in this forum. Best thing to do is schedule a consultation with an attorney to discuss this matter in detail which... Read more »
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