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 »
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 »
There should be language to define that. Additionally if one was filed later than the other then that usually supersedes (that is if it came later as in months not minutes/hours). You should seek a family law attorney to assist you with your issues as they can often turn quickly if you are not...Read more »
After her death I received some legal papers from an attorney explaining that she had passed away and that our minor child wanted to live with his older step brother. Having had no contact or relationship with the child for 16 of his 17 years I consented to his request only to find out later that... Read more »
If the custodial parent has died and the child is still a minor then you owe the child support arrears to the person who has guardianship over the child or if the child has received benefits from DHS due to your nonpayment of child support you may owe DHS.
My ex and I live in different states. We both agreed to divorce and me taking full custody on our minor child. He showed up to court. I did my part. I watched the videos and took the co parenting class and he was supposed to do the same. Now he doesnt want to participate. what is the next step to... Read more »
It sounds like an uncontested divorce that is now contested. You probably need to get a summons issued and get him served unless he has already signed a waiver of the summons. After service of the summons you can file a motion for default if he doesn't respond. You need the services of an...Read more »
Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... Read more »
Okay he’s 20 And I’m in the dhs system but live with my grandma I want to know if there is anyway I can get consent from the person I’m staying with and a price of paper signed and legalized to state we are allowed to date and get rule and boundary so we don’t get into trouble we are not... Read more »
When emergency protective order was made, the petitioner added special condition that once a week the defendant would receive a phone call from a restricted number to be able to speak with minor child. The petitioner has only called twice in a year.
I think your first step is to have an attorney review what you have. If there is no existing custody order, your next step should be to obtain an initial custody determination in the District Court. Then, that order can be enforced. Hire an attorney to help you get this done.
We had a temporary order put into place for a 2-2-3 schedule. After that was put into place my sons father stopped doing anything with the courts and it was recently closed due to inactivity. On OSCN it says count 1 and party as my name where it shows the judge closed the case. He is the one who... Read more »
You should consult with a family law attorney. Most will give a free consult and that may be all you need. However, it may require a little more than the consult in order to determine the relevant information in your case. There is a chance you have sole custody for now but that doesn’t mean it...Read more »
a paternity/custody case was pending between two parties when the mother filed for a protective order in another county. At the final hearing the judge set a review hearing con't the emergency order and transferred it to the county with the pending case. The judge there wouldn't hear the... Read more »
Most pro bono attorneys are referred cases that Legal Aid does not have time to handle.
There are very few resources for free legal services other than legal aid unless you are Native American. If you are Native American then you can contact the tribe to see if they have free legal...Read more »
You don't say whether there has been a hearing or not. Normally when you file to terminate guardianship there is a court hearing after the Motion to Terminate is filed and notice is given to the party that is the current guardian. However, if the current guardian has signed their approval to...Read more »
At a final hearing for a protective order Judge didn't give defendant a chance to present a defense or challenge personnel jurisdiction for no service. Upon learning that there was a custody case pending involving same two parties an order transferring the continued emergency protective order... Read more »
Judges always combine the PO hearing with the pending family law case. Why did you show up to the hearing if you were not served? If you appear at the hearing you submit yourself to jurisdiction of the Court usually. The Judge will probably strike the 90 day review. They set review hearings so...Read more »
Unless there is a court order stating otherwise then it is still his son and he has rights. As far as the second part of your question in terminating his rights - there are two ways to terminate a parents rights and both require the role to be filled by another. 1) is a step parent adoption, or 2)...Read more »
Sons dad met him one time for ten minutes right after he was born. He moved to Florida an hasn't seen him since. He's now 7 months old an the dad is demanding that my son goes to Florida in March with out me an wants his social. An sent 50$ through cash app today for child support an has... Read more »
Yes, the father can file a Paternity action and request the court to enter a custody, visitation, and child support order. The court will award custody and visitation based on what the court determines to be in the best interest of the child. Child support will be based off the gross income of both...Read more »
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