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answered on Oct 18, 2021
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... View More 
Do to get visitation? His dad won't allow me to see him and he never went to court to change the status of me having emergency custody. I do not want to take my son from where he is, its a lot to explain why I got emergency custody and then gave my son to his dad...He won't tell me where... View More
answered on Oct 11, 2021
I am sure there are logical reasons for your choices, however if you had emergency custody and then gave your son back to the father then you violated the court order as well as ignored the emergent situation that brought about the custody. This is not something you should attempt to handle on your... View More
My parents divorced in 2016, my father owes us half of the property value but he has never paid any of it. My mother has PTSD from the marriage and its really hard for her to work on finding a lawyer and everything because of her mental state. I'm 21, I need to know if theres anything I can... View More
answered on Oct 8, 2021
If you were guardian of your mother you could pursue her action on her behalf. Also a Durable Power of Attorney drafted correctly would allow you to proceed on her behalf. You can't "take it into your own hands" as the cause of action belongs to your Mother. Good Luck!
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... View More
answered on Oct 5, 2021
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.
If the child is now an adult and... View More
Alleged victim filed a report In a different county making false allegations and misrepresentations of her protective order to an officer that caused defendant to be arrested and charged for violation of protection order. Eventually defendant proved there was no probable cause so prosecutor... View More
answered on Oct 5, 2021
I don't know any similar case examples. If there is new evidence that there was no victim, you can file a Motion to Vacate the Protective Order.
This is a divorce where the bank accounts were emptied prior to the hearing.
answered on Oct 5, 2021
There are no forms for a violation of ATI. An attorney would draft a Application based on the facts of the case and every case is different.
This is a family law matter
answered on Oct 5, 2021
I am not aware of any forms, attorneys generally draft their own documents.
About five weeks ago he started finally coming into their lives coming and seeing them almost every Sunday but has missed them Sundays he wants to keep them Friday night through Sunday but can he take them and not get them back if his name is on the birth certificate
answered on Oct 4, 2021
If he is not on the birth certificate (your heading says he is not but your post says he is) he has no legal rights to them without a paternity action.
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... View More
answered on Sep 30, 2021
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... View More
I was just curious about the due process portion of a permanent guardianship case.
Can a permanent guardianship void/null since papers were never served & never even attempted to be served to the biological mother or father according to court record?
If so how do we go about... View More
answered on Sep 27, 2021
file a Motion to Vacate Guardianship order in the guardianship case and state you were never served notice of the hearing. You should look at the court file as the judges usually do not grant guardianship if there is no service on the necessary parties. The file will tell you if a document was... View More
Am wondering if he could take him away from me if he leaves for a week
answered on Sep 23, 2021
It depends on if you are the biological or adoptive parent of the child. You would of course have rights to your own child. You would not have rights to someone else's child.
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... View More
answered on Sep 16, 2021
You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.
The mother of the child and I have an active divorce in process. However, my wife has practically absconded; she has several ongoing legal issues from a recent arrest and failure to pay a lease agreement. She has left our minor child in the care of the maternal grandmother without my consent or... View More
answered on Sep 13, 2021
You file an objection to the Petition for Guardianship. You should obtain counsel to assist in this matter as you case is not a simple divorce case.
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... View More
What court forms do I need to file
answered on Sep 11, 2021
I'm not aware of any forms, but a form would not help you anyway. If you are trying to get joint custody in a paternity case, you are going to need an attorney. There are many excellent attorneys in your part of the state. Contact a few and hire the one you feel comfortable working with on... View 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.
answered on Sep 7, 2021
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.
Best of luck.
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... View More
answered on Sep 7, 2021
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... View More
My fiance died last sunday,he has a wife but they been seperated gor about 4ish years she lives in another state. He has 4 kids the oldest bein 18,she graduated. We live in his parents home with me him and the kids,his mom and dad,and a brother his wife and 2 kids. The brother and wife brought... View More
answered on Sep 7, 2021
You will need to hire an attorney to investigate all these issues. Hospitals are usually very stringent on the POA because a general POA normally does not include medical issues. Consult with an attorney sooner than later.
the victim made false allegations, omitted exculpatory evidence, and presented a materially altered protection order to a law enforcement officer to effect an arrest. The first chance Defendant talked to public defender he had him talk to the DA about the exculpatory evidence that negated their... View More
answered on Sep 7, 2021
Based on that, you need to hire an attorney and let them go through your case to determine exactly what has happened, and your best course of action to move forward.
I know Ive heard of Pro Bono but does that service even exists - I was represented by a legal aid attorney recently and I would have been better off representing my self.
answered on Sep 1, 2021
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... View More
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