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Kaitlyn Joy Andren

Kaitlyn Andren’s Answers

4 total

  • Can I take back 100% sole physical and legal custody of my daughter whom grandma has 50%?

    Kaitlyn’s Answer

    You may bring a motion to modify custody and ask the court to award you sole physical and sole legal custody of your child. As the moving party, you will have the burden of proving the factors to warrant a custody modification, which generally requires proving, among other factors, that the child's present environment endangers the child's physical or emotional health or impairs the child's emotional development and the harm likely to be caused by a change of custody outweighs the advantage of a change to the child. It is often difficult to modify custody, but, because you mentioned that your mother is a foster parent under investigation by CPS and the foster child has been removed from your mother's care, it may be appropriate to seek custody modification to protect your child as well. Another option would be to bring a motion to modify parenting time and ask the court to decrease the amount of parenting time that your mother has with your child, regardless of the custody labels.

  • How do I pursue involuntary termination of biological mother's rights?

    Kaitlyn’s Answer

    If the biological mother is not willing to terminate her parental rights voluntarily so that you may adopt the children, your husband will need to initiate an action to terminate the biological mother's parental rights involuntarily. It is important to state in the termination of parental rights pleadings that the reason your husband is seeking the termination is so that you may adopt the children through a step-parent adoption proceeding. Abandonment is one of multiple reasons for seeking a termination of parental rights. As the moving party, your husband will have the burden of proving the legal requirements in order for the court to terminate the biological mother's parental rights.

  • I was given temporary guardianship of a friends child, she is actively using and the father has no legal rights, can i file for?

    Kaitlyn’s Answer

    As an alternative to adoption, you and your husband could file for third-party custody of the child if you qualify as an interested third party custodian or a de facto custodian. Whether or not you qualify as an interested third party custodian or a de facto custodian depends on a number of factors, including, but not limited to, the method under which you acquired temporary guardianship of the child, the age of the child, how long the child has been living with you, the amount of interaction with or involvement from the child's parents, concerns of abuse, neglect, endangerment, etc. If you are awarded third-party custody of the child, the parental rights and responsibilities of the parents would remain in place. This means, for example, the child's parents could ask for parenting time with the child and they could also be ordered to pay child support for the child.

  • My (almost) ex husband won’t visit our son, although I offer him visitation anytime he wants. Do I keep offering?

    Kaitlyn’s Answer

    One of the issues that will need to be addressed in the divorce is a parenting time schedule, which will set forth when you will have parenting time with your son and when your spouse will have parenting time with your son. While the divorce proceeding is pending, you should document any attempts you make for your spouse to have parenting time with your son (i.e., e-mail, text message, etc.). That way if your spouse tries to claim that you prevented him from seeing your son, you will have documentation to show that you attempted to coordinate parenting time for your son with his father, but the father did not elect to see your son.