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Marcy Ann Millard's Answers
Contributor Level 6
- 5 Legal Answers
- 0 Legal Guides
1
Attorney answers:
If a restraining order is filed against someone, are they notified by the courts?
Whenever an action is filed with the courts, including a restraining order, the defendant must be served. Restraining orders have a different and special process. Since a restraining order is intended for serious and emergent situations, a plaintiff can obtain a temporary or interim ex parte restraining order without notifying the defendant (the party being restrained). The plaintiff would appear before a Judge and explain the reason why he/she needs a restraining order. The Judge would...
1
Attorney answers:
I have two children (toddlers;boy&girl) by my ex girlfriend. I want to fight for custody and would like to know my chances.
I am not sure what county you live in, but it is becoming more and more common for men to get custody of the children. In a situation where the dad wants primary custody, the dad just needs to prove that it is in the best interest of the kids to live with the dad. That can be done through evidence and testimony of her abuse of the system, her failure to allow visitation (if that is the case), the living conditions when the kids are with the mom and, in some instances, the choice of the...
1
Attorney answers:
Can my ex sue for back child support, when I was not notified that there was an order to pay child support.
If I understand the situation correctly, your daughter was living with you until she was 16 years old. Then the court switched primary physical custody to your ex without your knowledge. The order that was entered changing primary physical custody also awarded your ex some amount of child support. If that is the situation, there are a few exceptions, but generally your ex would be allowed to sue you for past due child support. The exceptions relate to how you were served and whether you...
1
Attorney answers:
If custody was just awarded to me a month ago, can the mother file for custody. If she doesn't serve me do I have to go to court
Custody can be modified once every two years or when there has been a change in circumstances. I assume the mother originally had custody and custody was changed to award you primary physical custody, given the child is 16. If that is the case, the mother would have to show a change in circumstances to change custody again. Of course, she can file anything at any time, you would just be able to dismiss the action because there was no change in circumstances and a modification occurred within...
1
Attorney answers:
My brother recently began dating a new and she got pregnant
It would not be a legal document that would affect his child support obligation. A father is obligated to support the child regardless of an agreement between the parties. If the mother has another person willing to adopt the child, he could waive his rights to the child under that scenario. Without such a person, he is still obligated. That being said, if the mother never files anything with the court requesting he pay child support, he will not be forced to pay any amount of child support.