Q: What are my options: I WAS DIVORCED IN 1995 AND THE DECREE STATES MOTHER TO HAVE VISITATION EVERY OTHER WEEKEND FROM 6P FRI – 6P SUNDAY AND EVEN NUMBERED YEAR XMAS. MY SON DOES NOT CELEBRATE XMAS NOR DOES HE LIKE GOING TO CHURCH WITH HIS MOM BECAUSE IT MAKES HIM UNCOMFORTABLE. HIS MOTHER HAS NOT BEEN IN HIS LIFE EXCEPT ROUGHLY A YEAR WORTH OF TIMES IN HIS LIFE AND HE IS NOW 13 AND SHE JUST RECENTLY STARTING COMING BACK AROUND AFTER THE LAST 3-4 YEARS. SHE IS EXERCISING THE DECREE NOW REGARDLESS OF OUR SON’S WANTS OR BELIEFS AND IM LOST AT WHAT TO DO
A: Christina’s answer: Hire a lawyer. File a Petition to Modify the Parent Child Relationship and a Motion to Confer.
You will have an opportunity to express mom’s sporadic visitation. Your son will have an opportunity to talk to the judge and express his wishes as to why he does not want to visit his mother.
Whether the court decides to modify the order is discretionary. However, this is your only chance at modifying the order. Otherwise, you are stuck following the current order.
Q: What are the steps to get child support modified?: My son has loved with me for 6 years now. The last 3 years he has only seen his birth mother a handful of times. I have been paying child support this entire time. She has agreed to drop child support. What are the exact steps I need to take for us to get this modified? What does the process look like? I have heard if both parties agree we won’t need legal representation?
A: Christina’s answer: That should be a relatively simple and inexpensive process. However, you need a private attorney to assist you. The office of the Attorney General well often take many months to proceed. A private attorney should be able to have a temporary order resolving this matter within one month. This means that your obligation to pay child support should stop quickly. Additionally, this attorney should request that the court grant you the exclusive right to designate the primary residence, request that the mother pay child support, establish visitation guidelines, and request that the mother reimburse you for medical insurance.
Regarding the past support that you have paid for the past three years, this will be within the discretion of the court. It appears as though you have been paying and she has been receiving these funds. Often times a court will not order the opposing party to “refund your money”. The argument is that you should filed this motion several years ago. However, if you have not paid you would want to confirm the judgment at zero dollars since you have been providing actual support for the child. Both of these matters will be in the discretion of the court.
I suggest you hire a good attorney to handle this matter.
Q: Can I leave Texas to move back to ohio with my children?: I recently moved to Texas and have not been here long enough for the state to allow me to file for divorce. I would like to know if I can legally take my children back to ohio since there has been no custody papers filed either
A: Christina’s answer: So long as there are no current orders requiring you to stay in Texas you should be fine.
However, if the opposing party has filed for divorce and there are current “standing orders” filed with the petition or a temporary restraining order filed with the petition, you may not leave.
It is always best to consult with an attorney regarding relocation. Judges will often times take this into consideration when determining conservatorship.
Q: How can I get my husband to leave our home to initiate a trial separation?: We both agree that we need time apart, but he makes excuses as to why he won’t leave. From not having enough money to not wanting to be alone. We constantly argue and the love is truly gone, but he refuses to leave. I have even found proof of infidelity in the past. Not sure what I can legally do to get space between us since we are both listed on the home lease agreement. We also have 2 small children and I don’t want to continue to bicker around them. What are my options?
A: Christina’s answer: I agree with the other attorneys. Once you file the Original Petition for Divorce and a request for temporary orders the court will set this matter for a hearing.
At that time you may request temporary and exclusive use and possession of the marital residence. This means that your husband will have to vacate the home. Additionally, the court can make other orders including temporary spousal maintenance and issue orders pertaining to conservatorship.
Your only other option would be to file a petition for a protective order. However, you must show a history or pattern of family violence and a threat of future violence. If there is family violence (and the paperwork is completed properly) you should be able to have your husband excluded from the residence immediately. If you cannot meet these requirements, your only alternative is to wait until the temporary orders hearing.
My advice would be to hire a good attorney. He or she will be able to advise you as to how to proceed.
Q: Child support payor works for a company which pays him earnings through corporation that he set up: It is very obvious the NCP works. He posts it all on FB and says his pay is “insane”. His assets are also all over FB. However, the AG does not find earnings under his SSN and therefore cannot garnish wages. The guy is $30,000+ past due in child support and I haven’t seen any acts of enforcement. My friend works for the same company the NCP works for and says the company insists to pay to a legal entity than a single-individual. My guess is that NCP hides his earnings in the corporation. Is this illegal? What can I do?
A: Christina’s answer: You must hire a private attorney. The AG may not be of much assistance in a case with this fact pattern.
A motion for modification (to increase support) and motion for enforcement (to hold him in contempt of court) appear to be in order.
A private attorney will have the resources to conduct discovery, depositions, etc. Basically, they will put more time into the case and uncover hidden revenue and assets. This will help to convince the court that child support should increase and that the opposing party should be held in contempt.
Q: What happens if I adopt my wife’s daughter but the biological father has not paid child support or seen the child in many years?: I have been married to my wife for over a year, and we dated for over 5 years before marrying.I am the only dad her daughter has ever known. Shortly after we started dating, she stopped receiving child support. The father, whom she never lived with or married, only ever saw her once(by his choice the 2nd month of our relationship) and has never attempted contact since. Now he has written a letter saying he wants to be allowed to see her or sign over rights. The AGs office says that if he terminates rights, WE will owe back some kind of arrears. I want to go forward with adopting my wifes daughter and terminate all contact with her bio-father. What are these arrears we will owe and will he be forced to pay her the back support which is more than $50k+? And what will this do for our adoption
A: Christina’s answer: We would need to notify the AG of the termination suit. They would more than likely oppose the termination. I am assuming that at one point your wife received government assistance of some kind. Therefore, the father owes some support to the State of Texas.
Your wife will not be allowed to waive the support owed to the State. She can waive retroactive support that is owed to her. This is often times done in termination suits.
You need to consult with an attorney to determine the process and likelihood of success.
Q: How are child custody/support changes less than one year from decree handled when primary parent is moving out of state?: My x-wife currently is primary custodian of my son, who will be 18 yrs old this Dec & currently sophomore in HS. She is moving out of state sometime in June and leaving him with me. Our divorce was final end of last September. She has little interaction with my son which I believe to be detrimental to his emotional well-being (if that is relevant). He is going to move in with me ahead of time in April or May. She has a fairly good job which she is leaving on her own accord and is not going to want to pay any child support. I am concerned that if she relocates before custody/support changes that it will be a very long drawn-out process. Special considerations are required to file for changes less than one year from original order. What is the best strategy under the circumstances?
A: Christina’s answer: You will need to file a Petition to Modify the Parent Child Relationship. However, you should wait until such time as she voluntarily relinquishes possession of the child and relocates. If you file preemptively, she may change her mind.
Alternatively, you can file the suit based on the fact that your child is over 12 years of age and will designate you as the conservator he wants to reside with. Assuming this is accurate, this can be filed immediately.
Regarding support, this issue will be addressed at the Temporary Hearing. You can allege intentional unemployment or intentional underemployment. If you are successful, the court may order support based on her prior earnings.
I would strongly suggest that you consult with a lawyer. You have some complex issues to deal with.
Q: My daughter is not living in a safe environment with her mom, what can i do to get full custody of my daughter?: My daughter’s mom is not in a stable home, she moves around all the time, she’s always at clubs and parties, she smokes and drinks, she moves out with one guy and another, she has a new boyfriend every month yet my daughter being there. Recently she threatened my pregnant girlfriend saying next time she sees her shell push her down the stairs, she’s threatened me and my family and specially my mom. She keeps saying if i go pick up my daughter that she’ll call the cops on me. I have all the proof to that and i can get more. I don’t want my daughter to see all that she’s doing and she’ll be better living with me.
A: Christina’s answer: If you all have never been to court before, you will need to file a suit affecting the parent-child relationship. This makes it somewhat easier to obtain the exclusive right to designate the primary residence of the child. In an original suit, the court is primarily concerned with the best interest of the child. However, the fact that your daughter has primarily resided with her mother, will make it somewhat difficult. The evidence that you have will need to be compelling.
If you all have been to court before, you will need to file a motion to modify the parent-child relationship. However, the burden is much higher to change a prior court order. At a temporary hearing, you will have to prove that the child will suffer significant impairment and therefore, the court should allow you to have the exclusive right to designate the primary residence. At the final hearing, if it has been more than a year since the prior order, the judge will determine the parent with the exclusive right to designate the primary residence based on a material and substantial change and the best interest of the child. Most often, the other parent will straighten up their act in the interim. This can make it difficult to modify the prior order.
You should seek the advice of a local attorney to discuss these facts more in depth.
Q: Can I give up possession, visitation etc and just pay child support? I live in another country: I live in another country. I don’t want to take up any responsibility other than paying CS. Is this accepted in Texas legally? We are not married and not living together.
A: Christina’s answer: Yes. The parents can agree to most issues regarding a child.
Pertaining to visitation, it may be best to include a couple of visits per year, in case you have a change of heart. However, you have the ability to agree to not have any visitation.
Pertaining to child support, you all can agree on an amount.
These provisions will need to be included in a court order after the proper pleadings are filed. The court must approve the agreement of the parents and find that it is in the best interest of the child.
Q: Can a custodial parent come pick up a child because they are homesick before visitation ends?: My husband was scheduled to have his daughter over Thanksgiving break and after 2 days, the child called her mother claiming she was sick and the mother came and picked her up. Is this legal?
A: Christina’s answer: Depending on the judge, the mother may be held in contempt of court (up to a $500 fine and/or up to 6 months in jail and attorney’s fees). Some judges will not have any tolerance for the mother’s behavior. Other judges will be more lenient depending on the age of the child, the illness, etc.
You will need to consult a local attorney.
Q: Does single dad of soon to be born son have equal custody rights of the baby: soon to be mother of baby is threatening to stop soon to be father from seeing the baby in the hospital when it is born
A: Christina’s answer: Technically, the mother can exclude any potential visitors from visiting her or the child at the hospital.
At this point, you have no parental rights that have been established. If the mother allows you to visit in the hospital, you may have an opportunity to sign the acknowledgment of paternity. This document will establish you as the acknowledged father. However, if you have any doubts that the child may not be your biological child, do not sign the form.
Either way, if the mother is not going to allow you to see the child, you will need to file suit to establish your parental rights. Once you are established as the legal father, you will be able to obtain some visitation rights.
Q: I am an alleged father of a child I never knew about and is almost 4 years old. How do I go about signing rights over?: Mother has yet to speak me. I received court papers in the mail a few months ago and was served last week. I do not believe I am the father, but have no way to contact the mother for paternity testing.
A: Christina’s answer: You need to hire an attorney. This attorney should request that the court order genetic testing and the court should grant this request.
If you are found to be the father, you will need the mother to agree to terminate your parental rights. Additionally, the Office of the Attorney General could object to this termination if mom has received state benefits.
You should be aware that the Office of the Attorney General and mom may attempt to obtain retroactive child support. Since you did not know about the child, your attorney should be able to make a pretty persuasive argument against this. However, there are no guarantees.
Q: Can I find my son’s father in contempt over not following court order? Will that allow me to modify our order and modify visits?: I went through a timely court battle with my sons father. I won sole custody by a jury trial. I have kept a log since 2010 of all of his violations. He has been behind on child support in the past and has been late a number of times. He no longer carries health INS. on our son and did not inform me of such. I only found out recently when a visit was denied. He has an 11 yr old daughter that he abated his rights to and now going through his 3rd court custody case with his now 1 yr old daughter. All different mothers. I am trying to give enough past, but there is much more. If I have to hire an atty. what are my chances of finding him in contempt and modifying his visitation rights? That is another issue.
A: Christina’s answer: The fact that he has failed to provide health insurance and pay support will not be helpful in modifying visitation. Although, the other violations that you failed to mention may be persuasive.
However, he may be held in contempt for those violations (fine up to $500 per violation, jail up to 6 months per violation, and attorney’s fees). Additionally, he should be, according to most orders, 100% responsible for all medical expenses if he was ordered to provide insurance and has failed to do so.
You should definitely consult with an attorney.
Q: My husband is not paying any of his court ordered payments as he agreed to in our divorce decree. We are in Texas. My options?: He is ordered to direct deposit into my account the amount of our mortgage in 2 monthly deposits. For about a year, he had his mistress handle those deposits – She decided the amount to deposit – not what the court decreed. He would block my phone number so that I could not call him and complain or tell him when I did not have enough money. She kicked him out in August, he came home for about 6 wks. I had to have him removed; he was threatening me with his fists a week after I had knee surgery. He has not paid me anything since September. We were married 35 yrs. I am struggling financially but I have health issues & working a 2nd job is not an option for me. He has told the mortgage comp. that I am not an authorized person so they will not speak to me about assistance. What can I do?
A: Christina’s answer: You must file a motion for enforcement. The court will order that he abide by the decree.
The court should also order that he reimburse you the attorney’s fees paid to enforce your decree.
Q: Process after finding out someone is past the 20 calendar day timeframe to answer: Do I file a motion regarding default when I find out the person I served answered past the 20 calendar day timeframe in Dallas, TX? I served someone and they had 20 days to respond, they sent in their answer almost 30 days after being served. Do I type of a motion regarding them being in default and for me to be granted relief, meaning all I asked for?
A: Christina’s answer: Unfortunately, you can no longer get a default judgment if the opposing party has filed an answer.
You will have to give them notice of any future hearings.
Q: My friend had a deferred adjudication and was good during that time he recently repeated his crime can the da change it: To a conviction
A: Christina’s answer: Assuming he has successfully completed probation, he does not have to worry about that case being affected. That prior offense has already been disposed of. However, it will be considered in his new case.
If he is currently on deferred probation, and has picked up a new offense, he will be arrested and a motion to adjudicate will be filed against him. At that time, the court may decide to 1) reinstate his deferred probation, 2) revoke his deferred probation and place him on formal probation (which will include a conviction), or 3) put him in jail.
He needs to hire an attorney.
Q: Can a recorded voice message containing a threat of physical harm be considered as evidence for a protective order ?: Ex spouse and non custodial parent left detailed voice message for minor child stating he was going to , and I quote ” whip his a_ _ with pants down – when no one was around” on his next scheduled visit. .
In A second voice message , left for custodial parent, the non custodial parent verbally forfeited any future visitation with the child for fear of child abuse allegations.
A: Christina’s answer: This can definitely be used against the noncustodial parent.
However, you must act quickly. You need to contact the local district attorney’s office and request that an ex parte protective order be issued. In the alternative, you need to hire a lawyer to file an ex parte protective order and a motion to modify the current possession and access.
Keep in mind, that you are not allowed to disobey a current court order even though you have these recorded messages. You must go back to court and modify the order.
Failure to do so, could result in the opposing party filing a motion for enforcement against you, resulting in a fine and/or jail time. Although I believe it will be difficult for the opposing party to be successful in this motion, it is not worth the risk.
Q: Wife is never home. She goes on business trips and vacations with her lover & leaves me to raise kids alone. Can I get custody?: My wife spends about 1 day a week at home. I have proof of where she was, and when she was on business or with her lover. She claims she got duped into taking a 100% travel job. But she recently quit that job, and still goes on vacations with her lover while I raise the kids alone. I have basically been a single parent for a year now. Can I get full custody even though I’m a man? Also, would the affair and custody allow me to keep more than 50% of my savings?
A: Christina’s answer: I would like to comment on the term “full custody”. In Texas, there is a presumption that parents should be appointed joint managing conservators. Both parents share equally in the rights of the child. For example, the ability to take them to doctors, attend school activities, etc.
However, one parent is given the exclusive right to grant the primary residence of the child and receive child support. The other parent is normally granted possession and access pursuant to a standard possession order. Essentially, the first, third, and fifth weekends of each month beginning at 6 PM on Friday and ending at 6 PM on Sunday. There are a lot of other visitation provisions that your attorney will be able to explain to you.
In my opinion, you will probably be the joint managing conservator with the exclusive right to designate the primary residence and she will be granted visitation pursuant to a standard possession order. Based on the limited information, it doesn’t appear as though she poses a danger to the child.
Regarding the property, you have a strong case for a disproportionate share of the community estate based on infidelity and wasting of community assets.
As the other lawyers have indicated, you have a strong case. Now, you need a good lawyer to be able to present it in the courtroom.
Q: Until what age is the geographical restriction enforced? My sons are 13 & 15, can they choose who they want to live with?: Ex-husband put a geographical restriction on our divorce (2002). I now live 650 miles away from the restricted county. We have joint custody, I am the managing conservator. My sons are 13 & 15 and want to live with me. At what age can they choose WHERE they want to live with the geographical restriction? He will not do mediation. I provide medical insurance and support for them. They are still in the county of the restriction but live with their grandparents (my parents). They want to live with me.
A: Christina’s answer: The geographic restriction will be in effect until such time as the order is modified.
You will need to file a Motion to Modify the Parent Child Relationship. At the hearing, the court may lift the geographic restriction and allow you to designate the children’s primary residence.
Since the children are over the age of 12 years, they will have the ability to confer with the judge in chambers regarding their preference as to the conservator who will designate the residence. However, this is not the sole determining factor.
All admissible evidence will be considered and the court will determine what is in the children’s best interest.
Q: What’s my best course of action when my ex-wife won’t follow the custody orders?: As of the past 3 years I haven’t ever gotten my month long visitation in the summer. She also refuses to let me have my children on occasion just because she doesn’t want to or because I have other plans for us that will cause them to miss their sporting events. My children are 11 and 9.
A: Christina’s answer: You can file a motion for enforcement against the mother (up to 6 months confinement in jail and/or $500 fine). Additionally, if found to be in contempt, she will have to reimburse you for your attorney’s fees.
Make certain that you attempt to pick up your children at the place designated in your order. On many occasions, clients tell us that they didn’t attempt to pick up the children because of threats or because the other party refused on the telephone.
You must still try. Otherwise, you may waive any potential enforcement claim.
Most often, the mere filing of the enforcement action will be sufficient to get the other party to comply.
Q: Can the mother choose to place newborn in daycare instead of having the non-custodial parent watch her: Paternity and child support is being established with the assistance of the Attorney General’s Office. The father lost his job but is receiving 100% of pay severance for the next 5 months. Can the father insist on keeping the child while the mother is working and if yes, can the father keeping the child for 8 hours a day for five days per week impact his future ability to have more access/visitation to the child? Or possibly even request full custody?
A: Christina’s answer: The father can “insist”. However, it doesn’t mean the judge will find that this is in the child’s best interest.
There are numerous factors that a judge will look into when determining conservatorship and possession.
If he is a “good father”, there is a good chance that a judge will allow him to care for his child while the mother is working. Each parent will have to present their respective arguments regarding the pros and cons.
If this childcare arrangement continues long term there is a chance that this could be used as a basis to win the exclusive right to designate the primary residence of the child.
Therefore, I strongly suggest you get an attorney to litigate this issue at your initial hearing.
Q: Can me and the father of my child settle child custody without going to court?: i have physical custody of my daughter
A: Christina’s answer: I agree with James.
However, I would like to add that if you fail to file a lawsuit and do an informal agreement with the other parent, the other parent can always decide to keep your child away from you. You will have no repercussions if the other parent decides to do this.
Therefore, it is better to do it right the first time. Hire a lawyer and file a lawsuit. If you have an agreement, a judge will sign an order in conformity with that agreement. Better safe than sorry.
Q: Custodian Loosing Health Insurance by loosing Job: My Ex. refusing to give me any Info. wither she has or hasn’t Health Insur. to my daughter. I’m required to pay health Insur. ( beside the Child Support ) as long as she could provide it. She lost her Job about 5 months ago. as i mentioned She is refusing to give me any Info.
What should I do. 1-Stop paying until she take me to AG court ?
2- Go to the AG court and ask ?
3- Send her a Certified Letter ? and then what ?
Beside under the HEALTHCARE NEW LAW. I believe that She is Qualify for Subsidies (Subsidy
A: Christina’s answer: Do not stop paying until you get a court order that states you are allowed to do so. If you stop paying, you could have a motion to enforce filed against you. This could include jail time of up to 6 months and a fine of up to $500 per violation.
You should send her a certified letter. If she fails to respond, you need to hire an attorney to file a motion for enforcement to obtain the information.
Q: If both parents agree on all terms, can we decide how much child support. Or is that up to the judge?: I have physical custody of my daughter
A: Christina’s answer: Parents can always make agreements regarding their children.
However, agreements by parents are always subject to approval by the court. The judge has to determine that the agreement is in the best interest of the children.
Q: Can he take her? Visitation question: My child was born 9/2012 I didn’t let my then husband know til 2 days after. He told me to take his name off the birth certificate because I put both last names. He met our daughter October 2012. He then saw her twice in November and once in December. He would ask to take her alone or if he could watch her. I said no because he had not been around. Our divorce was final January 2013 Court order states we would mutually agree when be sees her and if not he gets the first Saturday for 12 hours. I never let her go with him because he was a stranger. He agreed to do a step up plan then changed his mind and said it wasn’t worth his time. He hasn’t seen her in 9 months. And hasn’t checked on her in 6 months. If I file for support can he get unsupervised visitation? Should I contact him?
A: Christina’s answer: If you file for support, he will likely file a motion for enforcement against you for denying him possession of the child during his court ordered periods (this could include a fine of up to $500 per allegation or six months in county jail per allegation).
There is a chance that a court can hold you in contempt. Also, there is a chance that the court will not restrict his visits any further. However, you are very likely to get child support.
There are so many facts that a judge can consider. You definitely need to hire an attorney if you are considering taking him back to court.
Q: My husband told me last night he wants a divorce and he will be looking outside of our marriage for someone else: We have been together for 8 1/2 yrs. married for 4 1/2. My husbands job has brought us to move 3 times since we have been married; NY to Florida, Florida to Michigan and Michigan to Texas. He has been the sole provider, I have had a job here & there, but nothing permanent. My husband likes me to be a stay at home wife. Plus he travels for his job & likes to bring me along to build relationships with the wives. Helps with networking. I have equally devoted a lot of time helping my husband with his job functions; typing, writing articles, newsletters, marketing materials etc. We own a home in Michigan & rent here in Fort Worth since April2013. He has taken the credit cards, bank acct, even locked me out of our bedroom, leaving me to sleep in the guest room. What are my rights, alimony?
A: Christina’s answer: You may be entitled to Temporary Spousal Maintenance if you do not have sufficient funds to pay for your minimum monthly expenses. However, you will not be eligible for Post Divorce Spousal Maintenance (unless he has been convicted of family violence within the 2 years preceding the filing of the Original Petition for Divorce).
I anticipate that any judge would be upset with your husband’s actions and would render a ruling in your favor. Including, but not limited to, temporary possession of the house, vehicle, and temporary spousal maintenance.
Q: If I have possession of my child can her father file for temporary custody?: I am going to file temporary custody on Thursday.
A: Christina’s answer: Both parents have the ability to request the exclusive right to designate the primary residence of the child (i.e. who the child lives with). The other parent will be awarded possession and access (visitation) and normally, ordered to pay child support.
A temporary hearing will be conducted to determine all provisions pertaining to conservatorship. The court will make a determination as to the best interest of the child. For example, the parent that can provide a stable home, stable employment, no drug history, no criminal history, etc.
If he has an attorney, you definitely want to hire one. If you need more time, request a continuance. Normally, the orders granted in a temporary order are difficult to beat at a final hearing.
Q: What can I do if my daughter was moved out of the geographic area set by the courts?: The courts put a geographic area restriction on our court order and the mother moved out of it by 1.5 miles. She is still in the same town and school district but different school. But the county of the house is not in a county that we’re allowed to move to. Do I have any rights to move forward with this and request for my daughter to be moved back or have rights to have her come live with me. She advised the courts of the move but would not give her address. Also she said it was due to her job and after checking in to it she lied to the judge about her work and them moving her. She was not employed by the company she said she was at the time and still is not due the company was a false company.
A: Christina’s answer: If she moved outside of the geographic area without permission, you can file a Motion for Enforcement. At that time, the court can order that she move back into the designated geographic area and hold her in contempt (jail time up to 6 months and a fine of up to $500.00).
However, you do run the risk of the court assessing attorney’s fees against you because it is only 1.5 miles out of the designated geographic area.
Q: Am I required to request child support after leaving my daughter’s bio dad? What are his rights if I do?: I left my daughter’s bio dad and took our daughter who was 2 months old at the time with me because he was abusive and unemployed. He has never contributed to her upbringing in any way, financial or otherwise. He hasn’t seen her in about a year. I have never gone after child support because I fear him, do not believe he is mentally or emotionally stable and do not want him involved in her life. I had to have police help when I was finally able to leave him. We were never married but he is on her birth certificate. He does not try to see her and I only hear from him every few months. In that time he has only asked about our daughter once or twice. She is 18 months old and my husband has been raising her as his own and has been her sole provider.
A: Christina’s answer: You are not required to request child support. This is normally accomplished by filing a Petition to Establish the Parent Child Relationship. If you choose to file this Petition to obtain child support, the father may be granted visitation rights.
In your particular situation, if you don’t want the child support or visitation, it may be more appropriate to ask the biological father to voluntarily terminate his parental rights. This would allow your new husband to adopt your child.
Q: Will a judge order a drug test without any evidence, just an angry ex husband making false claims?: Ex accused me of abuse/neglect. Both CPS and the Amicus determined no abuse/neglect in my home. Now he’s bringing up traffic tickets, my mother’s mental health and demanding that everyone be drug tested. I have no record of drugs, I have NEVER failed a drug test. How likely will the judge order my family to be subjected to his accusations without proof. He is not represented by an attorney. He has already filed 5 petitions/motions (all of which say nothing about drug use) I’m on a waiting list for a volunteer lawyer. This man has bullied me for years. Will anyone ever say enough is enough she has proven herself enough?
A: Christina’s answer: More than likely, the judge will not order the drug screen. However, if he does, make sure the opposing party is ordered to pay for it.
Q: How can I change my child support papers so that I can move out of state with my son?: I am the custodial parent so my son resides with me full time. His father has visitation but has failed to show for the last 5 months. I would like to move out of state with my son, however my court papers say I must stay in my county or the surrounding counties. How do I go about changing that so I can move out of state?
A: Christina’s answer: I agree with Mark.
The most important thing to remember, do not move until the court grants your request. If you do, you can be held in contempt and ordered to move back to the designated geographic area.
Q: How do I change the father’s name and information on a birth certificate when there is already a father listed on it?: Took paternity test so it is confirmed “father B” is biological father. How can i go about it if i have no communication with “father A” nor do i know anything about him. (private paternity test is notarized in case needed for court). Any information is helpful and thank you in advance
A: Christina’s answer: You need to hire an attorney and file a Petition to Adjudicate parentage.
The court order will then indicate that the birth certificate must be amended.
You will then submit the order to the Bureau for Vital Statistics. They will only amend the birth certificate with a valid court order.
Q: A custody case: Well my son father is takenq.me to court because he wants primary. Custody of my son. But I don’t want that so they told me to getba lawyer to fight the case.but I don’t know anything about things like this.and I also was going to ask if my sons fathers brother is a sexoffender can I go pick him up wit a cop even doe we have this hearing oder?
A: Christina’s answer: If there is not a court order in place (either a prior order, restraining order, or standing order) you can pick up your child whenever you want.
However, if there is an order in place, you must abide by the terms.
If the father has an attorney, you definitely need to hire one. If you do not, you risk losing the exclusive right to designate the primary residence and you may be obligated to pay child support.