Archived
Can I have my husband sign an affidavit for non-paternity & have my child legitimized if husband is not biological dad?
John's answer
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Answered on January 16, 2020
You should enlist the assistance of an attorney to get this finalized, a child born while married, but fathered by another man creates non-typical...
Archived
Non custodial parent(ncp) pays all obligations...can visitation and phone calls be enforced?
John's answer
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Answered on January 16, 2020
The short answer is no, the NCP cannot be forced to exercise their rights to visit or communicate with the child. However, that could lead to a...
Archived
Can my parents get grandparent rights to my 6 year old son?
John's answer
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Answered on January 15, 2020
Presuming they have properly filed a case and you have been served, the answer is maybe. If you and they can come to a settlement agreement in...
Can I sue the man who got my wife pregnant and had a child?
John's answer
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Answered on January 15, 2020
No you cannot sue him for that. Your wife can sue him for child support. The only lawsuit you can file about this is to file for divorce from...
Archived
What are the statues of limitations in getting your personal property from the ex spouses home after the divorce has been final
John's answer
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Answered on January 15, 2020
The more important question at this time is what the divorce order/settlement agreement reflects regarding this personal property. If it is silent...
Archived
Why is a DNA ordered from child support?
Does that DNA test legitimize child?
John's answer
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Answered on January 10, 2020
Child Support/Paternity is about obligation, a DNA test can be used in a child support case to confirm the identity of the biological father, but...
Archived
Serving child support increase papers?
John's answer
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Answered on January 10, 2020
That is correct, he must be served before the court has authority to change anything about the child support order currently in place. Are you...
Archived
Can I motion court for summary judgement in modification case if respondent fails to respond to my complaint / petition?
John's answer
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Answered on January 10, 2020
No, the court will not grant a MSJ regarding custody issues, nor will it enter default judgments because the standard in custody cases between...
Archived
Can the baby have the fathers name if the father did not sign the birth certificate
John's answer
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Answered on January 09, 2020
You will need to establish legitimacy by court order before you can address the child's last name, additionally, you have no parental rights at all...
Archived
What kind of custody do I have an what does it entail?
John's answer
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Answered on January 08, 2020
You have completely equal and undivided rights to everything marital, including the child. That will not change until a court order is entered.