Jessica Handley Frost's Answers

How can i get temporary custody over my daughter her mother is incarcerated and this is the second time in 3 years of her life e

If you and the Mother are not married then you will need to file a Legitimation and Custody action in the County where the Mother resides. She will need to be personally served and that can be handled through the location where she is incarcerated.

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I have been separated from my kids father for 6 years we have joint custody they live with me could he file for custody

As previous counsel has indicated due to your children's ages if they choose to live with their father that would give him the ability to file a modification action. If that were the case and the older children chose to move to their Father's then the Court could consider changng custody of youngest in order to keep the siblings together.

My spouse and i r going into our 7yr of marriage it needs to be 10 yrs before i get his pension how can i prolong the divorce.

I agree with the previous counsel's advice. If your spouse refuses to dismiss his action, then the case will continue toward conclusion. There are certain steps such as mediation and discovery that may slow down the process but to stretch it out for another three to four years is highly unlikely. Most Judges will set cases down on their trial calenders to get them moving toward conclusion if they become too stagnant.

Christmas holiday visitation

The Temporary Order should address holiday visitation. If it reads that you each get half of the holiday then you will need to divide the days from the day school is released until the evening before school resumes. The holiday schedule will be followed over the regular weekend visitation. If the Order is not clear on the day to exchange you are left with working it out. If the Order is silent about what to do over the Winter Break then you two only shoudl do what you can agree on. If you...

Can I just use a CERTIFICATE OF SERVICE when filing a contempt of child support application; instead of paying a process server.

Unfortunately, it is required to have personal service on the Defendant. Meaning that the Process Server/Sheriff is most likely your most economical route. Another option would be to higher a private process server to serve the Defendant. The good thing about a private process server is that heor she will take the details you know such as work hours, habits, hang out locations, and other family addresses and they will attempt to serve him there. They may wait there until the Defendant shows...

CAN THAT EFFECT MY APPROVIAL

This question is more appropriate for an immigration attorney.

Can my current spouse's income be included in my child support case?

For child support purposes your income will not be calculated into the child support worksheet. However, the overall financial situation of the household may affect support. For example if a spouse remarries and stops working due to their new arrangement with their new spouse. The Court has the abiltiy to base child support on an imputed income of that parent even though they are not technically earning an income.

I have a court ordered ability to drug test the father of my child and it came back positive for methadone.

Have you seen the actual prescription for the Methadone? This may be a sitation where you ask for the Court's intervention and seek a modification or contempt depending on actual wording of the Order. Clearly the Court had a concern and it wanted to protect your daughter. So even if he has a prescription and therefore it's not illegal if the only reason one is prescribed that particular medication is to kick his heroin addiction the Court may be cautious and modifiy visitaiton to supervised...

Share custody the mother has not picked up child in 3 weeks have scheduled 3 times and meet half way.She did not show up.

More information is needed to give a more accurate response however if the parents are not married and the Father has not legitimated the child then at this point the only parent recognized by law is the Mother. However, the Father can file a Legitamation action and seek primary custody of the child. Given the urgency of his situation he may want to ask for emergency action if the mother is not stable etc.

My ex and I have Joint Legal Custody w/ visitation schedule. He hasn't seen her in 2 years, shouldn't he be responsible as well?

A Court can not make him be a good parent and a no-custodial parent will argue that he is a right to see his child not a requirement. Perhaps to make him realize how this is affecting the child and you, you could file to adjust his time with the based on his history. He may start exercising his time if he could lose it. Also current child support guidelines are based on a certain number of days being spent with each parent. If he is not exercising his agreed upon time than you may be able...