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Family Law Legal Answers

Family Law Legal Answers

Modification

Answered 7 hours ago by attorney Heather Cherepkai   |   1 Answer   |  Legal Mostics: Family Lawyer
There is a subsantial change that has occurred by the incarceration of the child's father.  You can request a modification in the final judgment to change the time-sharing upon his release, especially if it is based upon a drugs or violence and not just stability.  The court will look at the best interest of your son in determining if any restrictions should be placed on the father's access to your son.   Due to the time it can take for the court to resolve the case, you would want to act as soon as possible, otherwise the father will be out of incarceration and thus you may waste time and money if you wait too long. ... Read More
There is a subsantial change that has occurred by the incarceration of the child's father.  You can request a modification in the final judgment... Read More
Your question does not really make ense on the facts as stated, unless there is more to the story.  As of the age of 18, "emancipation" is automatic.  That only changes if someone is found to be in need of a guardianship for some reason, in which case the mental, physical, and emotional history of everyone involved becomes relevant.  Presuming this is taking place in Nevada, you can review the rules for guardianships here.  Beyond that, you really should consult wih a family law specialist, who should be able to explain to you all of your options and possible courses of action.... Read More
Your question does not really make ense on the facts as stated, unless there is more to the story.  As of the age of 18, "emancipation" is... Read More
From that description, it is hard to see what is going on (or had been) or why.  While it does not sound precisely correct, that may have been his perception of perhaps interconnected legal events if, for example, there was a child abuse claim, a criminal prosecution, and a termination of parental rights case. If you know where everyone in question was located at the relevant time, a family law lawyer in that area might be able to do a search of court records (possibly online) to see if such a terminaiton was filed.... Read More
From that description, it is hard to see what is going on (or had been) or why.  While it does not sound precisely correct, that may have been... Read More

can the father of my son keep me away from him?

Answered 5 days ago by attorney David B. Mitchell   |   1 Answer   |  Legal Mostics: Family Lawyer
I am sorry your son was ill or injured and required a hospital stay. I trust he has recovered to the point where he is now released. You didn't say if you were married to the father of your son, but for purposes of this response I am going to assume you are not as you did not refer to the father as your husband. You wrote that your son is living with his father and both are living with his parents. You would like to see your son but apparently the father is not allowing you to do so. I am not sure how old is your son but am assuming he is quite young. I am also assuming that you are a Florida resident as is the father and his parents, and that your son has lived in Florida for the preceding six months. All that said, if  the paternity of the father has not been established, you need to do so by filing a petition to establish paternity in the Circuit Court covering the county where the boy lives. The court in the paternity case will determine several issues that will help you: First, the court will determine that the father is the legal/biological father of your son. Second, it will establish that both you and the father have joint decision-making rights regarding your son, which include medical care, education, etc. Third, the court will order a timesharing (visitation) schedule for both you and the father. This will set when you can see you son, have your son stay overnight with you, and the like. Fourth, the court will set child support which is determined by your income, that of the father, and the amount of overnight timesharing each of you has with the boy.  The key criterion the court will use for the second and third issues (joint decision-making and timesharing) is to determine what is in the best interest of your son. Once these rights and obligations are established by the court, you can enforce your right to see your son. Best wishes to you. - David B. Mitchell, Esq.  ... Read More
I am sorry your son was ill or injured and required a hospital stay. I trust he has recovered to the point where he is now released. You didn't say... Read More
If there is no court order stating who has what children and where they are to reside, you would have every right to go get them.  If there is a court order in place, you will have to reopen that case for change of residential placement. 
If there is no court order stating who has what children and where they are to reside, you would have every right to go get them.  If there is a... Read More
Your problem is very common in our mobile society. I am sorry that your spirit of cooperation with your ex’s work schedule changes has not been reciprocated now when you need it. (Note that in Florida, ‘visitation’ is now called ‘timesharing’. Same idea, new term.) Your schedule change and the suggestion you have offered -holidays and summers visitation only, down from three weekends per month- will result in a significant drop in your visitation time and possibly result in higher child support. Child support is calculated in part on the amount of overnight visits your children have with you. Here are some suggestions for you: First, do not sacrifice your job over this issue. You are correct that it is the source of income for both your child support and your new family as well. Second, you should contact a qualified parenting coordinator to see if you and your ex can work with the parenting coordinator to craft a new visitation arrangement that will offer you more than just ‘holidays and summer’ until your work schedule is more accommodating. Alternatively, if you cannot find a qualified parenting coordinator then locate a certified family mediator to meet with both of you as a neutral and see if a new arrangement can be drafted for approval by the court.  If all of those options just will not be feasible, you can return to court for a new arrangement, but this is the least desirable and likely most expensive option.  Your kids need a devoted dad like you, and you should not give up. Good luck!  ... Read More
Your problem is very common in our mobile society. I am sorry that your spirit of cooperation with your ex’s work schedule changes has not been... Read More

what rights do I have as a non biological mother

Answered 7 days ago by attorney Deborah A. Wilson   |   1 Answer   |  Legal Mostics: Family Lawyer
Anita, elawyers.info offers general information and legal advice.  Legal advice is based upon a discussion of the facts in your case. Your question cannot be fully answered in this forum, because it will require more information.  For example, what are the facts and circumstances surrounding the sperm donor's participation in the process?  Did he sign a contract setting forth the circumstances under which he was contributing the sperm? If he did not, as you say, sign away his rights, does he pay child support? Are you and your wife contemplating a divorce? If so, are you seeking custody?  There are too many questions that remain outstanding.  I encourage you to set up an initial consultation with a family lawyer to address each of your concerns. Lawyers charge by the hour, therefore, be prepared to pay for the initial consultation. Best of luck to you and your family~ ... Read More
Anita, elawyers.info offers general information and legal advice.  Legal advice is based upon a discussion of the facts in your case. Your... Read More
If there was a written Settlement Agreement,  you'd have to read it to know what rights each of them had concerning the house.  If there is no written Settlement Agreement, then you'd have to look at the deed to the house to see if there are any special rights either party has concerning the house.  Without knowing what those documents say, it's hard to know what rights the ex-wife may have.... Read More
If there was a written Settlement Agreement,  you'd have to read it to know what rights each of them had concerning the house.  If there is... Read More
First, I need to review your decree and parenting plan to figure out exactly what was ordered, and what the incomes were at the time. Second, if she is refusing work, then that is not a basis for her to attempt to increase child support. Third, changing to 50/50 is a fact issue. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office. Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More
First, I need to review your decree and parenting plan to figure out exactly what was ordered, and what the incomes were at the time. Second, if she... Read More
You say you have a child support order. Does the order include a geographic restriction? That may be the basis of why he filed suit. Be sure to answer the lawsuit and show up for any court hearings. If you get an attorney, he or she will help you present your evidence. If you don't get an attorney, you can find information about how to represent yourself at https://texaslawhelp.org/... Read More
You say you have a child support order. Does the order include a geographic restriction? That may be the basis of why he filed suit. Be sure to... Read More



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