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Kelly Kathleen Erickson
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Kelly Erickson’s Answers

162 total


  • How do I get my child back if I just found out I have custody?

    My youngest child is living with her fathers parents. He & I were in a serious car accident on 01/27/2012 & he was killed. We were separated for a few years & he had custody of our daughter but we had reconciled our relationship about a year prior...

    Kelly’s Answer

    I am very sorry for your loss. You are the biological mother; if no one else (other than the deceased father) has court-ordered legal rights to your child, you can go pick her up at any time. The local police may even help you to do so. That being said, do think about your daughter's stability and the effect that will have on her. If she has been living with her grandparents for more than two years, they will have the right to go to court and try to get custody or regular visitation. You should meet with an attorney in your area to figure out the best plan; don't wait to do this or you may face the possibility of having your parental rights terminated based on abandonment of the child.

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  • Can I put supervised visits on my ex husband until I feel safe with the person he's leaving my son with.

    Recently divorced and my ex husband is married already after a month and my son, who is , is staying with his wife I don't even know who she is.

    Kelly’s Answer

    You would need to show a substantial risk to your son to even modify the order if it's less than a year following your divorce. Even if you do, the Judge might order limited access for the new wife but not necessarily your ex husband. Ultimately, you trusted him enough to have a child together and to enter the Decree; you may just have to trust him to make decisions about who to marry next, as well.

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  • WHAT RIGHTS DO I HAVE AS THE LEGAL FATHER , WE ARE NOT MARRIED AND I PROVIDE FOR MY SON BUT SHE WILL NOT LET ME SEE HIM.

    WE DO NOT LIVE TOGETHER OR HAVE A RELATIONSHIP ANYMORE. ANYTHING THE BABY NEEDS, I BUY YET SHE WILL NOT LET ME VISIT HIM AND WILL RUN ME OUT OF HER APT WHEN SHE DOES PERMIT ME TO GO OVER. YET IS ALWAYS SENDING HARASSING TEXT MASSAGES AND CALLS , ...

    Kelly’s Answer

    If you are the legal father, you have as much right to your son as the mother, until some court orders are put in place. I suggest you meet with a local attorney and work on filing a Suit to Establish Parentage. The Court will order a visitation schedule and set out regular support obligations.

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  • I collect about $9000 in rent but pay out about $7000 in mortgages/taxes monthly. What should the court consider as my income?

    I just got divorced and got ordered to pay the maximum ($1875) monthly child support. However I am only netting about $2000 a month after I pay my mortgages and deducting my average monthly taxes due. I consider myself property rich/cash poor. Can...

    Kelly’s Answer

    I agree that the Court must have considered some other income or didn't look at your expenses as deductions. You shouldn't be paying such high child support if you really only net $2000 per month after mandatory expenses. If you are going to pursue an appeal or new trial, there are very strict timelines; you need to meet with a local attorney to discuss this immediately. A court will not modify your child support in future without proof of changes to your income, just based on the original finding being "wrong", so I don't suggest you wait for that.

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  • How do I get custody of my daughter?

    I was 15 when I had my daughter her father is much older. We have not spoke to or seen him since she was 3 days old she is now 4. I was wondering what I need to do or who I need to contact so that he can stay out of our lives forever.

    Kelly’s Answer

    If you file a lawsuit and establish paternity, you will need to show good cause why the father should not be involved in your daughter's life; on the other hand, the court is likely to order him to pay child support. Whether you're able to terminate his parental rights or at least restrict his access to her is going to depend on him (i.e any criminal history, drug or domestic violence issues) and why he hasn't been around her all this time.

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  • Nevada annulment or Texas divorce for incarcerated ex-husband?

    My ex-husband married his girlfriend 3 months ago in Vegas. 1 month later, he started a 3yr prison sentence. That same week, his new wife secretly moved in with her ex-husband. She also convinced my ex to assign her Power of Atty. She has paid non...

    Kelly’s Answer

    Under Texas law, this would probably require a divorce, not an annulment. The fraud would need to have been a reason they got married, not just something that occurred later on. If your ex is incarcerated in Texas, he might be able to proceed with the case here, but if they were living in Nevada prior to the incarceration it will probably be a Nevada case and take place under Nevada law.

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  • Custody

    I have temperory custody in johnson county. My ex didn't show up, but does plan to come to the final order. She does not have an attorney, our son is starting pre-k here with me. She lives 6hrs away, will it be hard to get the orders keeping me a...

    Kelly’s Answer

    Unless there are some fairly unusual circumstances, you are likely to end up keeping primary custody in a final order. If you are a good caregiver and providing your son with a stable home, and there are no significant issues such as domestic violence or drug use, most Judges will see no need to change your child's primary residence.

    Judges vary on how they handle child support. Many order it no matter what. If you really want no child support to be ordered, be prepared to offer testimony about your financial situation and that you can take care of your son without any financial assistance.

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  • Is there a way to petition the courts to put a minor in chambers with a judge to ask for a change of custody?

    15 year old currently resides with his mother, he wants to live with his father. We absolutely can not afford an attorney. Surely there is a way to get the child in front of a judge without having to spend and arm and a leg, this is what the chi...

    Kelly’s Answer

    If you file a Motion for the Judge to Confer with the child, the Judge should meet with him, but you will need to start by getting a modification case on file. It will be up to the Judge when to meet with your son; it will typically be after a hearing, either on temporary or final orders. The Judge also doesn't have to follow your son's preferences, though with a 15 year old that is usually a big factor the Court will consider.

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  • Modification of Child visitation. In Tarrant county how can one modify visitation when the other party wont hear of it.

    Is it a lost effort to modify visitation when the other party will never agree. They have alienated me from my children and is it a big raise of time?

    Kelly’s Answer

    If it's not going to be an agreed modification, you will need to consider the case you will be able to put on at trial. It will not necessarily be a waste of your time, but it will probably be a costly matter, needing a lot of evidence and possibly expert witnesses. I suggest you meet with an attorney in your area to discuss the details of your situation and what options you have.

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  • Can a father receive full custody of a child even if the mother is stable?

    The father of my child was not there for me when I was pregnant nor is he there for our child 2 months after she was born...he denys her as his child. I told him I was filing for child support and he said he will fill for full custody if she is hi...

    Kelly’s Answer

    Legally, you both have equal rights to the child until a court decides otherwise. With the facts you have given, it sounds most likely that you would end up designating your child's primary residence, and the father would have some sort of possession schedule, but these cases can be complicated and you should probably meet with a local attorney to discuss your situation further.

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