I was served a subpoena to produce all records and recordings of a child I have custody of and both of the child's parents.... including pictures, reports and video recordings. Both parents are working to get the child back. I'm keeping the child out of DCS custody until one or both... Read more »
You can file a Motion to Quash the Subpoena Duces Tecum, but I seriously doubt Juvenile Court will listen to you. The Subpoena sounds broad but probably legally sufficient.
This divorce was filed in January of this year by her. However we agreed on it July of 2020. After she’s filed the court hearing was continued by her party. Since then nothing has been done and it’s been months. Which is why I requested a hearing. I have done everything she’s asked for and... Read more »
You may consult with a local family law attorney and see if there is anything else that can be done. In general an attorney filing a notice of unavailability will result in the hearing being continued until the next available date. This sounds like your divorce has been dragged out. If there are no... Read more »
That will be a failure to appear. Get your lawyer to ask for a continuance on those grounds. Do something besides getting a mittimus or capias issued.
A Dismissable could be expunged. Conviction is permanent and no expungement.
Hi, my parents are taking me to court for emergency custody of my daughter. She has been living with them for 3 years off and on { turns 4 in March} I have all the text messages where I have been trying to get her back but they would not let me. I do not do any drugs/alcohol or anything. I also... Read more »
Make sure you show up for the court date. I highly suggest you retain an attorney to help with your situation.
Outside of that, the State of TN usually holds preference to the biological parent unless there are other circumstances like dependency and neglect, drug and alcohol abuse, or... Read more »
(I left due to him being emotionally abusive.) We were never married, and I have been taking care of them full time. I've been staying with my mother a couple hours away from him (He stills lives with his parents). He has typically helped me take care of their needs financially, outside the... Read more »
If there isn't any type of custody order from the court and potentially he didn't sign the birth certificate, you won't have to do anything and you can just move. However, this is for TN. I do not know the laws in NM and could be completely different than in TN regarding child... Read more »
Yes the court can make you take a hair follicle drug test before visitation.
My case has already been prepared and I do not want to have a continuation. I just need to make sure I file this correctly, and understand the exchange of evidence process so I do that correctly. I want to avoid running into any technicality issues over filing mistakes and I only have 3 business... Read more »
I highly suggest you try to find another lawyer. I am not sure if your matter is in VA or TN or if this is a divorce or custody case. Usually, in TN, if an attorney steps down you can show up at the next scheduled hearing and inform the judge you will continue pro se. However, I do not know all... Read more »
For him to file for joint custody? He is currently in jail due to an FTA and we go to court next week for an order of protection. He is on probation for a domestic abuse charge that happened last October
Yes you can definitely move. In TN, there is a presumption that a child born out of wedlock is the mother's unless paternity has been established. However, he can file something in Juvenile Court seeking paternity. To provide a better individualized response to your daughter's... Read more »
His wife wants to adopt my son he's 16 year old n she's saying I can go to jail for abandonment n other charges if I don't sign the adoption papers
If the judge took your rights from you via a Termination of Parental Rights proceeding, there is no need for you to sign any adoption paperwork. You are no longer the parent when the judge takes your rights away.
A stepparent can perform the adoption; however, a grandparent cannot. If you do an adoption, you would be adopting as your own child. Maybe persuade your son to go through the process.
The man who I thought was my child's father ended up not being her father after an home DNA test was conducted. We had her name changed right away to her biological dad's last name but we thought his name would automatically go on her birth certificate and it did not... the man who I... Read more »
I would need to know how to you change the name and on what documents.
Generally, you would need to get a order from a juvenile court Judge to establish the bio dad as the legal dad and request the judge to change your child's name. Once you get that, you will be able to change birth... Read more »
Can’t afford a lawyer. Will DCS make her go back home. She is terrified to go back
Usually if there is abuse of a child involved, I would recommend filling Emergency custody petition with juvenile court or Chancery Court. However, I would need to get more information as to why the child was living with her father in the first place, etc. I would strongly suggest you reach out... Read more »
I am the maternal grandmother of two boys. I gained custody in 12/2016 due to drug problems. Father has been in and out of jail for several years. Mother recently completed rehab and has legal issues due to drugs. I have not let the father have contact due to all the issues he has had in the... Read more »
Usually it takes a home study if non-relative adoption. In this case, you may be able to ask the court for an adoption and waive the home study. If both biological parents do not agree to the adoption, then you will have to do a termination of parental rights along with the adoption. There are... Read more »
To my understanding the maternal grandmother is controlling how much time he gets to spend with his child- the grandmother doesn't have legal/ sole custody of the child.
Generally, grandparents do not have a say over the actual parents' wishes. However, there are other factors/facts that can play a part in deciding this. You will definitely need to provide more information to make this determination. I would suggest you contact an attorney who helps with... Read more »
My XMIL has custody of my biological daughter. She transferring custody back to my x wife. They have a date court date for the transfer, but I have not been served anything. I have sent several emails to their attorney requesting service but she doesn't respond. My guess is she plans to... Read more »
There are no reasons unless your rights have been terminated in a previous proceeding. They can also allege that they have tried to find you but have been unable to. Just make sure you show up to court saying you dispute this matter if you want to dispute it. I also urge you to get an attorney... Read more »
My husband has raised and provided for her since she was 2. And her biological dad is signing rights over tomorrow I just am unsure what we need to bring and her biological father needs to bring.
It sounds like you will need to go through an step-parent adoption process. Of you contact the court clerks office of your jurisdiction, they will tell you what forms you need.
The party without the 401k does not want any of it and we are in agreement that it is not to be divided.
I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that as long as all parties agree, then the forms can... Read more »
If there is an agreement between both parties, it can be filed easily. You don't really need an attorney to file a divorce matter whether it is contested or not.
My ex mother in law has custody of my biological child and I still have all my rights. She is attempting to give custody back to my ex wife and I inadvertently found out the date.
I'm thinking I'll just show up and request a continuance based on the fact I wasn't served and... Read more »
Definitely show up to court and advise the judge that you were not served notice and that you need time to either hire a lawyer or file any answer.
The party without the 401k does not want any of it. In leu of dividing it, I took on more debt and he received more physical items such as furniture, etc.
I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that... Read more »
If the party without the 401K wants any part of it, a very good lawyer will be required even if there is an agreement. QDRO's are very stringent and few attorneys (and Judges) know anything about them. Knowingly giving up a marital interest in property is a serious thing.
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