How far in advance would I have to notify the other parent that we are moving if there is no custody agreement between us? And can they legally stop me from moving?
answered on May 15, 2022
This forum is a general forum and it is not as easy as a yes or no. You need to contact a family attorney for a consult to get your specific details.
Can they legally stop you from moving if there is no custody agreement?
answered on May 15, 2022
There is a default state statute on this and even if your decree is absent wording it is enforceable. However, it is more applicable to the primary custodial parent (or more specifically the one person who can declare the primary resident of the child). You should contact an experienced family law... Read more »
I also had another child since moving to Oklahoma and My fiancé had a case in NC we have done everything even a home study and approved fit stable loving environment Is there anything I can do I know I’m not aloud contact with them ether but my oldest Continues to reach out to me and i can’t... Read more »
answered on May 12, 2022
If your rights were terminated and the child was adopted to another then it is very rare that you can get rights restored. There are a couple exceptions but those are extremely hard to prove and validate. As such the other parents have ultimate say over their child. Contact an adoption attorney to... Read more »
My dhs lawyer has been going back and forth for almost 3/4 months trying to get the discovery for our case from the courts and they keep beating around the bush. Now they are not even responding to him. I know that the discovery does not have to legally be given out (even though we are entitled to... Read more »
answered on May 11, 2022
I don't know what discovery the courts would be providing to you. Generally its the opposing party that you are requesting documents/information from and if they fail to comply with discovery requests you file a Motion to Compel. Your DHS attorney probably knows this.
answered on May 11, 2022
You would need to file a Motion to Modify custody and set it for hearing before the Judge. You should also file for emergency custody if the custodial parent is currently in jail. This can be complicated so I suggest you seek the services of an attorney.
Want are the actual crimes here? The man and his wife obtained guardianship through the courts on a n unrelated but close family friends' newborn when she was arrested. The guardianship application, upon sworn oath, stated no family relationship.While she was incarcerated, he submitted an... Read more »
answered on Apr 2, 2022
Sorry for your troubles in this matter. While sometimes our emotions do not always line up with the legal process you should context an attorney to assist you in this matter so they can help you coordinate through this trying time.
I claimed her because she's 18 and lives with me full time since June and half time before then. That's 91/2 months of the year. I interpreted that as she is no longer eligible for her to claim on taxes, but she's eligible for me to claim. Am I wrong, she is threatening to go to court.
answered on Mar 18, 2022
It really depends on the wording of your decree. The IRS has its own rules about which parent can claim the children on their taxes and they often don't care what a decree says. However, and this is very important, a divorce decree is an enforceable court order and disobeying it can put you in... Read more »
answered on Mar 12, 2022
Yes. If she is the custodian due to a guardianship then she has authority over you.
he is witholding contact, contact info and concealing the location of my children
answered on Mar 4, 2022
Sorry for your misfortune in regards to your house. If that is the only thing in your case and there are not other circumstances then you should file a motion to enforce. Contact a family law attorney to assist you with this for best results.
Her father has agreed. He is in prison and mother is on drugs. I live in Oklahoma now but got custody of her in North Carolina. Where would I start the process?
answered on Mar 2, 2022
Based on the limited facts, you may be able to file here however you need to have an attorney look at the facts of your case.
Non custodial is behind in child support but is making payments. The visitation is court ordered and is not being denied by non custodial but not being followed by custodial due to no communication at all for the last 4 years, despite non custodial and family reaching out.
answered on Feb 22, 2022
From the limited information your best bet is to contact a family law attorney for a motion to enforce. However without fully researching the facts of your case this is a general recommendation.
I need more time because DHS is wanting to take custody of her. The DHS worker has mentioned my mom to take temporary guardianship. If I sign temporary guardianship to my mom will DHS drop the case
answered on Feb 13, 2022
DHS may or may not drop the case. However, by your parents obtaining guardianship would allow the DHS worker to let your child remain in the care of a family member and not go into foster care in the event DHS stipulates you having to correct some items. If you feel there is validity to the... Read more »
The father doesn't visit, in the last 2 years has visited 3 times. And is threatening court.
answered on Feb 11, 2022
You need to look at the visitation schedule to see what the court ordered. I have never seen a judge disallow phone calls from a parent.
He got an online DNA test kit after I moved from Missouri to Illinois, and he found out she is his after I moved to Illinois. He still doesn't know I moved, and hes been making threats to try and take me to court to get full custody of her. The courts have no reason to Grant him full custody,... Read more »
My ex husband is neglectful and abusive to our daughter and he's alienated me from my daughter for years. I had no money to get an attorney to enforce the order. Now I an trying to either enter pro se or possibly get an OAR attorney which is done on the sliding scale. I have reported to dHs... Read more »
answered on Dec 22, 2021
While I can respect your position you need to contact an attorney to assist you with this because this is not something you want to try to do alone. If money is an issue then you may want to contact free legal aid and see if they can help first, but they have a busy workload. Short of that just... Read more »
& does that mean that the person gettong child support for said children could come get my kids from me at any time even tho they are currently enrolled in school where we live (in a different state) plus i have medical etc etc for them
answered on Nov 28, 2021
You should file to modify custody and ask the Court to make you the custodial parent with visitation to the other parent. You need a court order that says you are the custodial parent.
answered on Nov 11, 2021
ICWA applies to all "Federally Recognized Tribes" -- I am not an expert in Native American tribes (therefore you should consult someone who has extensive knowledge on the tribal recognition), but it is my understanding that Western Cherokee Tribe of AR and Missouri are NOT recognized as a... Read more »
I was about to file for contempt of court and see if I could get the order dismissed and some custody. Do I have to let him do his visitations again? He’s done this multiple times where he’ll call for a month or two and stop because he’s mad that I won’t give him money even though he’s... Read more »
answered on Nov 11, 2021
If there is a court order that is granting him visitation, then you have to allow him the opportunity to follow that. If he chooses to not visit, that is his choice, but you cannot violate the court order. You can still file a motion to modify visitation and enforcement of child support, but in... Read more »
answered on Oct 31, 2021
This would be an issue the parents would need to address.
For 9 years I have had custody of my son. I have made all major decisions regarding education and how he is raised. He has lived with me and been financially supported by me since his father has never paid child support nor have we gone to court to establish custody. We were never married or in any... Read more »
answered on Oct 20, 2021
If you have never been to court, there would not be any court documents stating that you have custody. However, since you were not married, you would be considered the custodial parent by statute. I published a Blog Article that explains custody of children born to parents who are not married.... Read more »
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