Joshua Soileau's Answers

Does a joint custody parent have the right to refuse to visit with the children?

The judge cannot force your fiance to see his three children and it is unlikely the judge would terminate your fiance's parental rights given what you posted about him. However, it begs the question, if your fiance has decided to never see his kids again, why does it matter if his parental rights are terminated? You do not state how your fiance's ex is using the children to manipulate him, but in most cases, it would be through denying visitation, or time-sharing. If this is the case,...

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I was awarded the real property in a divorce in 2004. A Quit Claim Deed was signed by my ex, but recorded.

To be blunt, there is not enough information in your question to give you a comprehensive answer. First, why does he need to sign a second quit-claim deed? If the first one was properly executed and recorded, that should be all you need. Unless you are talking about a wholly seperate piece of property. Secondly, what does your Final Judgment say? When dealing with conveyances of real property, most divorce decrees contain language which states that the final order acts as a conveyance...

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How do I obtain permission from the court to move out of the state?

There are two ways to make this happen. 1) You and the Father agree to your moving out of state with your daughter. You will need a written signed agreement that states that he consents to your move, that establishes a new time-sharing (custody) plan, and lays out all transportation arrangements for your daughter. This agreement will need to be submitted to and approved by the Court. 2) If you know the Father will not agree, then you need to file a Notice of Intent to Relocate. The Father...

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I need to get visatation rights to me son hoever im not on the birth certifacet and she is mad right now and wont let me see him

You need to file for paternity, and because you are not on the birth certificate, and if the mother will deny that you are the biological father, then you will likely have to take a DNA test to prove paternity. You also need to be prepared to pay for the paternity test. Once paternity is established, you can get an order entered establishing visitation (time-sharing) and child support. You can do all three at once, but if it comes out that the child is not yours, then visitation and child...

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How do I find a free family Lawyer, I need help ?

Your question does not have enough information to adequately answer your question. The answer is going to depend on whether you are the children's father, or some other court-appointed guardian. But either parent can request custody of the children at any time until they reach 18. Whether a judge will consider changing custody is another question, but yes, she can ask for custody regardless of her behavior. The mother's lack of contact with the children, whether she physically abused the...

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Child support modification becuase our oldest of two is over 18 years old

I assume from the remainder of your question that you have custody of both children, the oldest of the two has turned 18, and your ex-husband has filed for a downward modification of child support (he wants to reduce payments). If those assumptions are not correct, then you should repost your question with more details. You and your ex-husband will have to file new financial affidavits. If neither you nor your ex-husband have attorneys, then it is likely that the court administration will...

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If I over paid child support through the state between curcit court/juvenile court will the state have to repay me?

There is not enough information in this question to adequately give you an answer, but generally no, if you overpay child support and you want to be repaid, you will have to file an action against the other parent, not the State. I suggest you speak to an attorney about this issue.

Questions referring to Child Support and Establishment of Paternity Case

You only have to file a Petition (or Counterpetition) to Disestablish Paternity if paternity has already been established. Paternity could have been established if you signed the birth certificate, if you and the women were/are married, or if there is a court or administrative order establish paternity. And some of those depend on when the child was born. The quickest and easiest solution for you regarding the paternity would be for you to ask the Court (through a motion) to order DNA and...

Mother and father not married, live separate but within 10 miles. Mother moving to california and not ever filed anything

If mom went to the child support office and received paperwork ordering child support, then paperwork was filed with the court. The paperwork setting child support also probably establishes custody and visitation, or time-sharing. However, unless the paperwork strays far from the usual, mom is not allowed to move the child more than 50 miles without dad's consent or a court order. I suggest you speak to a local attorney to determine what has actually been ordered by the court and whether...

If my divorce was filed in texas while I was and still am a resident of another state and my x husband is not returning my kids

If the most recent court order was entered in Texas, then Texas still has jurisdiction. If neither you nor your children are living in Texas, you would have to ask the Texas court transfer jurisdiction. Based on the facts in your question, it appears you would have to file any pleadings (including contempt paperwork) in Texas. I would advise you to speak to an attorney in the county where your divorce ordered was entered to help you further with this matter.