Should I get my own legal council if contacted by a lawyer?: Question over paternity of child
Kelly’s answer: You should definitely consult with an attorney to be sure you know your rights in this very important area before making any decisions or any agreements. While you may later choose to communicate with the opposing counsel on the case, you should remember that that attorney represents the other party, not you or the children.
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 to the accident. We had not had the custody order reversed & were never legally married. While applying for government assistance I was told I have custody even though I was told by her school & her grandmother that I didn't.
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.
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.