Victoria Collins' answer You may petition for custody if the child had been in your possession and care for at least 6 months (not necessarily consecutive months). Consult a family law attorney to help you.
Rahlita D. Thornton's answer The question is why would you have a divorce decree if you were never married. That seems odd. I would suggest that you ask to have a conference with your attorney to explain these concerns as they are the best ones with knowledge about the details. Just tell the attorney that you are not understanding and ask for clarification. Good luck.
Rahlita D. Thornton's answer Both parents generally have equal rights to their child. Therefore, it’s possible for mother or father to gain primary custody of your child. Let us know if you need assistance setting up terms with the court so that each parents rights and duties are spelled out. 888-3434-LAW or 888-343-4529.
Victoria Collins' answer If her husband had his name placed on the child’s birth certificate and he resided with the child the first two years of child’s life, he is the presumed father, but this can be rebutted through a paternity suit. So if she files a paternity suit then the court is likely to order a dna test to make sure you are the father. If you are in fact the father you can voluntarily terminate your parental rights.
Victoria Collins' answer Your obligation to pay child support is not contingent on whether or not you are allowed visitation with your child and vice-versa. You are entitled to see your child, so you want to see a lawyer who practices family law who can help you enforce your visitation rights.
Victoria Collins' answer If your Final decree designates you as the parent who provides the child health insurance, then you are the one responsible to provide. Once you have added the child to your health plan, you may want to seek legal counsel regarding the modification of your support requirements so that you are not paying for Medicaid.
Rahlita D. Thornton's answer Child support would be modified and the difference in what you are required to pay and what the other parent is required to pay would examined. You would also need to determine the number of years support is going to be required for each child individually in the future after one of them emancipates. We can be reached at 888-3434LAW or 888-343-4529.
Rahlita D. Thornton's answer Since your son is in high school then child support obligation is not that for that many years then my practical suggestion is that you continue to work together for the benefit of your son. If there becomes an issue or disagreement then of course consult legal counsel. Good luck.
Rahlita D. Thornton's answer You have right to certain parental rights. Gaining primary custody is certainly something you can petition the court for. You’ll need to consult with an attorney to make sure that legal requirements for your filing will be do properly. We could help 888-3434LAW or 888-343-4529.
Rahlita D. Thornton's answer Child support is to be used for expenses for the child going forward. Retroactive child support is for past child support needs. Both parents have an obligation to finance their child’s needs.
Rahlita D. Thornton's answer First you should consult with an attorney to ascertain if your goals will actually be achieved in this process. For instance doing so may or may not eliminate his child support obligations.
Rahlita D. Thornton's answer If you are considering not being the legal guardians then you need to consult with an attorney about your options. It sounds like it is just a temporary arrangement. Good luck.
Rahlita D. Thornton's answer You should not have to live in fear from your child's grandmother. In general without any court orders in place you owe her no duty to allow her visits. If she is being harassing consider filing charges with the police. Also, it is a good idea to get orders in place for specific periods of visitation for the father if you believe that he should have those. This is certainly uncalled for and has to be traumatic to your child. We could assist you in getting orders in place if you desire....
Rahlita D. Thornton's answer Who do you want to sign guardianship over to? Is it to the foster caregiver? If so, CPS would normally take care of those issues. Just make sure that the specifics of what you are doing is read and understood. It appears that you do not want to give up your daughter permanently so be careful in what you are doing.
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