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Sarah P. Springer

Sarah Springer’s Answers

19 total


  • What are my rights as of child custody before mediation hearing?

    Our mediation hearing is next Monday...we aren't married and there is no custody order in place. Our visit last weekend was a brutal one and I am trying to avoid all contact from the father until our mediation. He is blowing up my phone with voice...

    Sarah’s Answer

    Sounds to me like he is harassing you. If you have a pending action, you probably have a temporary restraining order and repetitive calls like that would be considered harassment. No custody order in place--he can't force you to let him talk to or see his one year old child without a court order. Considering his obnoxious behavior, I don't see that he will have any advantage at mediation because of your refusal.

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  • Can arreared child support be released if there is mutual agreement?

    My husband's ex wife wants him to relinquish his parental rights, and we will agree as long as she relinquishes child support arreared. She is in Oklahoma, and we are in Texas. What is the procedure for this if we are representing ourselves?

    Sarah’s Answer

    Child support is vested when due--that means that each time a child support due date passes, there is a judgment for that amount of child support. If she wants you to relinquish parental rights, she probably wants to have new husband adopt or something like that? In Oklahoma as in Texas, there will be an attorney appointed to represent your child, and the child support is the child's right, not just the custodial parent's right. Be very careful in making a side deal about relinquishment in exchange for forgiveness of arrears and future payments--this is something that can come back to bite you.

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  • Does the biological mother need to be present to baptize my step son? Can my step son have two sets of god parents?

    One set from each parent's side? How does that work? specially if my husband and her don't get along at all and we don't want her there. She has nothing against us baptizing him she just hasn't done it.

    Sarah’s Answer

    This question is best answered by your church. However, legally speaking, you have the right to the moral and religious training of your child while he is in your custody, so you can have the child baptized in your church without mom's consent.

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  • At 3 standard orders are for a child to be away from home 12 days when she has never been away for more than 1 night ??

    When you know this will be devastating to the child how can a court of law allow such when the other parent does not care about the best interest of the child just that he can take her so he is going too .....You cannot reason with him and a lawye...

    Sarah’s Answer

    What 12 days are you talking about? Is it the Christmas holiday period? If a court ordered the holiday period, there was a reason for the court's doing that. Your child has two parents, and assuming the other parent has been visiting and is important to the child, your child has a right to spend holiday time with the other parent as well as with you. Child support and possession and access are different issues and not dependent on each other. That is, even if he isn't paying child support, he still has a right to access and possession. You should contact the AG's office about delinquent child support. If Dad's home is that bad and you are afraid for the child's safety, call CPS.

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  • Wats my posebilyty to get my oldest child back or keep my parental rights

    Well my exwifes sister the une dat stayed with my kid is gona take me to cort an wats full costedy how can i fight this if i only ben going to c hem 2 a month but havent gave them child soport i was fulish to lising to other n velive them i dint h...

    Sarah’s Answer

    The best way to retain your parental rights is to be a parent to your child. That means support the child, emotionally, physically, and financially. How long has the child been with the aunt? She has a standing issue to start with--will the child's health or emotional well being be impacted negatively without her filing this lawsuit? You should consult with a lawyer and give more detail than you have in this question.

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  • The judge ordered pmc of my son to his great grandmother

    i have fully complied 100 percent my sons attprney ad litem felt best interest for child to come home i have done everything they have asked how can i appeal this decision and get my son home.

    Sarah’s Answer

    I really need more information to answer your question fully. Do you mean that you wish to appeal the decision to give custody to the great grandmother? If that's the case, there are deadlines you need to comply with. If the award to great grandmother is part of a temporary order, you still have a final hearing to go forward on to ask for custody back. Of great importance is how long the child has been with the great grandmother--my answer will be different depending on the length of time the child has been with her. Also helpful information is how old is your child?

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  • I signed an AOP & want DNA test, does that waive my rights as a parent?

    I signed an AOP at the hospital when my alledged child was born. I was then served a a week later with a petition to adjudicate parentage, I responded requesting a DNA test (still within the 60 days of signing the aop). The mother is now quite a...

    Sarah’s Answer

    Your acknowledgement of paternity on file is as good as an adjudication of paternity and you still have a right to DNA testing. You do have rights to the child, but to get them over her refusal to allow you access, you need to go to court. Because the child is under three, you will probably not have a standard possession order right away, but you will have a right to possession unless there is a compelling reason for you not to have access. Requesting a DNA test does not negate your acknowledgement of paternity and does not remove your rights as a parent. If it comes out that you are not the father, of course, then you won't have rights.

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  • My ex is having surgery and is letting my child stay with her bf until her recovery

    my ex is having surgery and is letting her bf watch our daughter until she's released, my question is since i live just an hour away does she even have the right to do so. i feel that this is a big no no and i want our daughter to be safe. she's o...

    Sarah’s Answer

    Is your "ex" your ex-wife and do you have a possession order? Your daughter is 6 so she must be in school, and her mom must be letting her stay with bf so she can finish school. An hour away is not really close enough to get your daughter to school. Have you spoken to your ex about the "pedofilic" tendencies of her bf? What leads you to believe that he is a danger to your daughter? How long will she be in the hospital for her surgery? The fastest way to do something about a dangerous situation is to notify CPS.

    If she is going to be in the hospital for just a few days, offer to keep your daughter during that time. Communication is usually the best way to resolve issues. You don't say that anything is wrong with Mom, just her bf. She should have the safety and welfare of your child in mind, and she should act accordingly.

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  • How do I get guardiianship of my 16 year old granddaughter. Guardians currently in Texas, she ran away from them. MIstreated.

    We are in Calif and this is where the guardianship was made. Her Dad was in prison and is in no situation to file for rights. We are family, I am her grandmother. My granddaughter tells us her guardians filed papers to give up their guardianship, ...

    Sarah’s Answer

    Your granddaughter has been living in Texas and you want guardianship in California. There is a Federal Act called the Uniform Child Custody Jurisdiction Act which defines a child's home state--there is usually a 6 month residency requirement before a court will take jurisdiction of a child custody matter. You have a runaway who is alleging physical and mental abuse--you may be able to get help through Child Protective Services. Otherwise, contact your state bar association to find out about pro bono lawyers--lawyers who volunteer to take cases at no fee to help those who cannot afford an attorney. If you want legal custody or guardianship, you really should have a lawyer.

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  • Can I legally go get my kids from my mom and bring them back here to california if they live in Texas?

    I gave my mom power of attorney of my oldest daughter when I was 18. A couple of months later I moved in with her and since then I had another child. My fiance got a job offer in California and asked me to go. I wanted to stay with my kids but my ...

    Sarah’s Answer

    Power of attorney is not a custody order. You need to sign a revocation of the power of attorney and go get your children. You say she is trying to get support from you--has she initiated an action against you? Where is the children's dad? If there is no court order and you are the natural parent, your mom would have to go to court to keep the children from you.

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