Your current state is Ohio
To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... View More
answered on Aug 23, 2021
Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.
The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over... View More
We are one week on/off. He wants to pick her up even though his whole household tested positive. She is negative and I don’t want her to get sick. I told him I would give him back his time or use vacation days while I have her till his family gets a negative Covid test. He won’t have any of it... View More
answered on Aug 5, 2021
1. Try talking to the father again.
2. You may file a Request for Temporary Emergency (EX Parte) Orders and ask that no visitation to Father.
3. Depending on which county you live in you may consider filing a good cause report, but usually filing one requires immediate threat of... View More
His mother has neglected to inform me of my sons address, doctors and their locations, school etc for years. The last overnight I had with him was March 10th 2020, upon covid I hadn't seen him till June 27th 2021
answered on Aug 5, 2021
This is not a simple enforcement application and therefore I suggest that filing an application on your own will be a mistake. Under the court rules, your certification ( your testimony) in support of your application can be up to 25 pages separate from all of the attachments ( exhibits) to your... View More
answered on Jul 30, 2021
The best response I can provide would be to tell you -- it depends. The law in general is always going to boil down to precisely what has happened and precisely what has occurred in court and precisely what court rulings have been made. Your question assumes that a "yes" or... View More
I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... View More
answered on Jul 29, 2021
You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... View More
I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... View More
answered on Jul 28, 2021
In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... View More
I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t... View More
answered on Jul 17, 2021
You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.
I am Canadian, my son's father is American. Support is being handled in Michigan, and custody in Ontario. Friend of the court said it's only valid from the time filed. So essentially, he's absolved of his parental responsibilities for the first 12 months of his life? When the... View More
answered on Jul 12, 2021
Support would go back to when the action is filed; birth expenses - if the state paid for it, are separate and in addition to support.
The family courts mostly continued through COVID. Even if your particular court could not conduct a hearing - most made the transition to ZOOM hearings... View More
SD has no max so is my diver license safe?
Also are there covid laws in SD to protect my license?
answered on Jun 10, 2021
You asked this question to Arizona, where it seems like you intended to ask for South Dakota.
If you intended Arizona, North Dakota could ask AZ to enforce. AZ does not have a Statute of Limitations for enforcing child support, and losing your drivers license is a potential consequence in AZ.
My ex and I have been going back and forth to court in NYS for over 8 years. Last year, a magistrate ordered a 750$ monthly obligation and awarded me 14K in arrears due to non-payment. My ex was found in violation for chronic non-payment of a previous support order, and I was also issued a 5K money... View More
answered on Jun 1, 2021
That he feels that $800 a moth is too much is not a basis for a modification. Additionally, you can point out that at least part of that is payments for arrears and that cannot be changed.
It’s not safe to bring my 1 year old to a jail with the virus going on. He’s threatening to take me to court if I don’t bring my child there.
answered on Jun 1, 2021
It is possible to get visitation in a prison. However, your first problem is to establish paternity. Without paternity being established the courts will not order any type of visitation or contact.
I want other witnesses to see me there listening. Not to change my own testimony or get the story straight. I feel I have the legal right to since it’s public
answered on Apr 29, 2021
It has been my experience, prior to COVID, that it was really up to the individual judges if they allowed the witnesses all in the courtroom at the same time. most of the time I found that it was one witness in the courtroom at one time. Since COVID, most appearances are virtual and processes are... View More
Our divorce began as COVID 19 started. My ex. and I pulled the kids from in person learning as the schools COVID rates were sorted out. Fast forward to now, we have 1 case every few weeks in our small rural Alaskan village and the school has implemented an effective mitigation plan keeping kids... View More
answered on Apr 28, 2021
I will assume that you do not have a court order granting either parent sole legal custody. Assuming both of you are equally good parents, courts prefer that equally good parents cooperate for the best interests of the children. Pediatricians and other health care professionals recognize the... View More
I can offord the payment but I send something every week and I don’t have a job cause of covid but I do pay money to child support every week I have court soon and I’m not sure why
answered on Apr 23, 2021
Thank you for your question. The court calculates child support based on a number of factors. To have that amount adjusted you need to prove a permanent change in circumstances. Unemployment is generally not considered permanent. You are likely being summoned to a court appearance for an... View More
My child’s father is not allowing me to have visitation with my daughter. I plan on filing motion to enforce. After I file the paperwork, how soon will my court date be scheduled for?
answered on Mar 24, 2021
Thanks for your question!
It really depends. A lot of courts have been significantly affected by COVID. Many hearings here have been pushed out to June/July.
Have you reached out to an attorney yet? I would recommend that you contact a local family law attorney in Katy, TX so the... View More
How do I make this request being Pro Se?
answered on Mar 17, 2021
This may not be possible. Zoom hearings are standard because of the pandemic. Judges are required to hold via zoom absent an emergency.
She already didn't let me see him for over two months because our Governor had the stay at home order in Ohio and now she is forcing me to get the vaccine if I want to continue seeing my son. I wondering if all this that she is doing is actually legal.
answered on Mar 15, 2021
If you were not married to her, and if no court has granted you any parental rights, then she has sole custody and gets to determine who gets to spend time with the child, or even deny time completely. You could apply to the court for parental rights, but a judge might agree that she can refuse... View More
My ex ended up claiming the kids on taxes and received all the COVID relief money 1st, 2nd, and it looks like the 3rd. Below is the history and im looking for who is the rightful owner of this. Also Ive tried discussing it with the other party several times and the reply i get is "not up for... View More
answered on Mar 8, 2021
If you have primary custody, you can claim the children as dependents. You can't do anything about the COVID relief money. If your ex owes you child support since September, you can file a contempt for that.
My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?
answered on Mar 5, 2021
If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... View More
The other grandparents have taken my grandson from my daughter under complicated circumstances to which I was not privy too nor given the chance to intervene they are in the process of seeking custody but not allowing me to see my grandchild while they have temporary custody. I don't have any... View More
answered on Mar 4, 2021
You may be able to petition for some visitation rights, but it would require working with an attorney. Try contacting Legal Aid to see if you qualify for free legal assistance. You can also try calling the state bar to see if there is a pro bono attorney in your area.
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