My Ex moved out in May 2015. I've taken care of Our Sons pretty much completely on my own since. My Ex's only responsibility was to get Our Sons off to school. That was last school year fall 2015- June 2016. Even then she wasn't that reliable. My ...
Based on what you describe, you should file a custody petition asap. While her lack of contact will work in your favor when you go to court, before there is court involvement, she is free to take the children and the police will not be able to help you get them back.
File for custody, get a temporary order of custody, and present your case to the court as to why it is in the children's best interest to remain in your custody.
I strongly advise that you retain an attorney to help you in this matter. The well-being of your children is at stake and you want to put forward your best case.See question
Pregnant girlfriend argued in November have not spoken to her until the new year I have been going with her doctors appointments out to dinner and we have been intimate 14th of January she informs me we must appear in Family Court January 18th I h...
You have to be served personally by someone over 18 (not the petitioner) at least 8 days before the return date. Usually, in DV cases, the police serve the Summons and Petition along with a copy of the TOP if one was issued. You can choose not to appear but if the petitioner presents an affidavit of service and you are not there to challenge its validity, the court will accept that you were properly served. You can choose to appear and accept service at that time, or you can appear for the purpose of contesting service. Your appearance does not mean you are waiving proper service. The court will likely try to get you to accept service, arguing that it is more convenient for you since "you've already taken a day off from work to be here" and " it is a mere formality." It is your right not to accept improper service.
The best thing to do is to hire an attorney to represent you. There are potentially serious consequences in such cases.See question
I have a text from my ex of her saying how she making out with her son and she keep allowing this because shes afraid to get him mad and he's doing this to my daughter also can i get full custody of my daughter
The facts, as stated, are a but unclear but the short answer is that any parent can file for custody of their child. Whether the court grants you custody is based on the specific facts in your case and whether they can be proven in court. If you suspect (or have proof of) inappropriate behavior being allowed by the other parent, you should file for custody asap. As my colleagues indicate, you really should be represented by a lawyer.See question
I have a 3.5 year old daughter with my girlfriend. Obviously we are unmarried. My girlfriend said she is leaving me and taking our daughter to go live with her mom 30 mins away. She states I can see my daughter every other weekend that is how it w...
The first question you should ask yourself is whether you are confident that the mother will cooperate with your continued visitation with your daughter. It may be wise to establish a court ordered schedule that you can enforce through the court if the mother does not comply. Also, are you confident that this move isn't just the first one. Without a court order, the mother may move further away. As stated by Mr. Lomtevas, you don't want to take the chance that another state become the child's home state and you then have to seek relief in that state's courts.
As for child support, the Child Support Standards Act provides a fairly straight forward formula for establishing support. If the mother files, the court will determine the appropriate amount. It is always wise to be represented by counsel, but it is not always absolutely necessary. Of course, even if the mother doesn't file, you should provide support in an amount that is reasonable and within your means.See question
I have served my daughter's mother papers for custody of my daughter and now her mother is limiting my time with our daughter from four days a week to two days a week. I believe she's doing so as a last attempt to hold onto full residential custo...
If you've recently filed and served the custody petition, you should have a court date very soon for return of service. At that time, make sure that the court issues a temporary order of visitation. That can be done on the custody petition. You don't have to file a separate visitation petition. Good luck with everything.See question
Our family takes vacations now and again. My husband and I planned a vacation long before we knew my baby cousin was in foster care and were asked to get her out of the care of foster parents, so she would be with family and closer to her other si...
If you step forward and become foster parents, you may travel on vacation with the child if it is approved by CPS. You should let the caseworker know well in advance and they will specify what information they want in order to feel comfortable that the child will be in a safe environment. Sometimes, the bio parent objects to the child being taken out of state and, in some cases, the foster parents may be required to leave the child temporarily with another foster parent.
If you become foster parents, you are not given custody (in the legal definition of the word). "Custody" is granted to the social service agency in your locale. You are temporary caretakers while the parent(s) work toward regaining custody. You may be deemed a pre-adoptive home---in which case, if the parents do not completsuccessfully complete their service plan and their rights are terminated, you may adopt the child.
I strongly recommend that you consult with a local family law attorney to make sure that your interests are properly represented in court.See question
my husband video taped me confessing that i was sexually abused as a kid. Can he use this tape in court against me? it was recorded in our home either in the kitchen or bedroom the two places we had this conversation. I believed it to be private ...
I agree with my colleagues. While the recording itself is legal, the fact that you were abused has no relevance to your fitness as a parent. Moreover, as Mr. Zaslavsky points out, it will reflect mor negatively against him as a parent who would secretly record the other parent and try to use something like that against her.See question
I have sole legal custody of our children. My ex has visitation. I also have an OOP against him. He gets the kids two weeks in the summer. He told me he would not be able to take the kids for his scheduled second week of vacation because he was le...
Make sure that you are in compliance with the terms of the visitation order. Also, make sure that you have a copy of the order with you when you go to pick up the kids. If he calls the police, show the officer the order. The police may counsel him to return the children or they may tell you that you have to go to court. They will not physically remove the kids and return them to you. If the father doesn't return the children, go to family court and file a violation petition.See question
Because i got arrested for driving drunk (unfortunate isolated incident) with my child in the vehicle during a custody case and my lawyer at the time advised me that was the best thing for me to do. Because of the dwi there was an order of protect...
Unfortunately, you are going to have a very difficult (near impossible) time getting custody of the child right now. Complete your services and work on maintaining/ repairing your relationship with the child. Also, there are serious legal issues with recording a conversation between two people without either one knowing that they are being recorded. It would also be problematic if you convinced the child to record her conversations with her father. I would vehemently discourage my client from offering such evidence. Speak to a lawyer before you do or say anything to anyone.See question
I want to leave my husband but he wouldn't let me take our 2 kids. And I want to take them with me no matter what
Absent a court order stating otherwise, both parents have equal rights to custody of the children. You will not be arrested for taking the children. I would advise that you immediately go to Family Court and file a custody petition. A temporary order of custody would prevent the father from taking he children back. Don't wait for him to file first. Good luck.