I tried to communicate with her about the children. She never EVER reply back and ignores me at all the times. I have visitation but there some stuff I would like to talk to her about them such as extra curriculum activities, or doctors appointmen...
You have a few options:
1. Ask her if she would be willing to go to a co- parenting therapist. Tell her, if you can afford to do it, that you'll even pay for it. Tell her that you want to be more involved in your children's lives, and that you feel like it shouldn't be this difficult for the two of you to communicate with each other in an effort to ensure that you're both meaningfully involved in the kids' lives, which is what's best for them. If she doesn't respond to you or doesn't respond positively, then it may be an exhibit in a subsequent legal action.
2. You can file for contempt if she has been violating the court order by, for example, refusing to communicate with you regarding matters of legal custody - if you are joint legal custodians. As such, she would have an obligation to cover with you in good faith before making any final decisions concerning the children's education, extracurricular activities, medical care and treatment, and religious upbringing. If she's refused to do that, and if he can demonstrate that through the admission of emails and texts or other evidence, and if her actions are in contravention to the language of your court order, then she should be found in contempt. The question is what that means for you, if she is found in contempt. The court has at his disposal all the contempt powers of the court - including finding her in civil or criminal criminal contempt, incarcerating her, fining her, or ordering her to engage in some act to purge herself I have content. You could ask that in order to purge herself of contempt that she be ordered to participate in coparenting therapy at her expense.
3. You could also file a Petition for modification of custody or parenting time. The former requires you to demonstrate a dual legal burden – first that there has been a material change in circumstances affecting the health or welfare of your child or children and secondarily, that the modification is in your child or children's best interest. You could simultaneously file a contempt if you wanted to or simply address her unwillingness to comply with the court order is part of the reason for the modification action. To prevail on a modification of custody action, however, you're going to need more than a couple of emails showing that she was nonresponsive.
For modification of custody of parenting time, you need only show that it it is in the child or children's best interest that parenting time be modified. That still is likely going to require more than a couple of emails, but, for example, if you can demonstrate that the mother has thwarted your involvement in the children's lives to their detriment, that she is not willing to foster a meaningful relationship between the children and their other parent, that she has engaged in alienating behaviors, etc., then you may have a good case for modification of parenting time - if not modification of custody. You need to meet with a lawyer, somebody who practices family law, and provide a history that is relevant to your concerns so that he or she can give you a more informed opinion.See question
My husband and I are separated and he is not helping much with our monthly bills. If I file for divorce, will he be forced to help financially?
If you ask for a temporary hearing in the divorce, you and your estranged spouse ("the opposing party") will both have to complete domestic relations financial affidavits ("DRFA"). The court will look at your respective incomes, gross and net, your monthly household expenses and payments to creditors, all of which will be on your budget (your DRFA). Both parties will likely be examined both by their individual attorneys and cross-examined by the opposing attorneys regarding the figures in those DRFA's - particularly any figures that seem unusually or unreasonably high. The court will also look at any financial documentation that is admitted into evidence, and then determine whether, for example, with respect to alimony, you have a need for support and he has an ability to pay. Various equitable factors may be considered by the court in determining the issue of alimony (eg. Each party's health, ability to earn an income, the length of the marriage, contributions to the marriage, conduct during the marriage...). With regard to monthly household expenses and payments to creditors, the court typically likes to maintain the status quo until a final trial. In other words, if you have typically split the expenses 50-50, the court is probably going to be inclined to maintain that on an temporary basis. That is not a given. It is, however, the norm. In the interim, you will have the opportunity to try and resolve the underlying issues on a final basis through negotiation, mediation, or some other alternate dispute resolution process. You could also try and resolve the temporary issues via a consent order without the need for a hearing. The consent order would be effectively an agreement of the parties that is prepared in the form of an order and executed by the judge and then filed with the Clerk of Court. Once that happens, once the order is entered, any failure to abide by the order my subject the violating party to the contempt powers of the court.See question
My fiancee and i broke up due to him not being able to provide for us and personal reasons. We have a 1 yr old daughter and im almost 8 months pregnant with another daughter. He has two children with his ex wife and cannot afford the court ordered...
1. If your children are born out of wedlock (realizing that one has not yet been born but is expected to be born out of wedlock), then - until the father legitimates the children by either marrying you and holding them out as his own or by filing a petition for legitimation and seeking an award of parenting time or custody, you are the only parent entitled to custody. He has no rights simply by signing the birth certificate to parenting time with your child (soon to be children).
2. You do have the right to file a paternity action and to seek child support for your first child, and after your second child is born, for that child as well. You can do that by filing a petition for paternity and child support or by going through the Division of Child Support Services, a division of the Department of Human Resources.
3. You've not indicated anything in your post that suggests that the father is not capable of being with his child(ren) unsupervised. You have to be careful. When a judge does ultimately decide the issue of custody, one of the factors he or she (the judge) will consider in determining whether it is in the children's best interest to be in your physical custody or the father's physical custody is whether either parent (neither or both) will facilitate and encourage a meaningful relationship between the children and their other parent. Unless he poses a risk of harm to your children, you will want to foster his ability to form a healthy and living bond with them - for your children sake.
4. If you don't know what kind of parenting time schedule is appropriate for an infant child and a toddler, then it would be wise for you to go speak with a licensed, reputable child specialist / therapist or developmental pediatrician.See question
my baby mother moved out of state with my kids without telling me
The mother of a child or children born out of wedlock is the only parent entitled to custody of that child or those children until such time as there is a court order that states otherwise.
You can legitimate your children in one of two ways. You can marry their mother and hold the children out as your own or you can file a petition to legitimate.
In the petition, you can also seek an award of custody or parenting time with your children. Until that happens, you have no right under the law to spend time with them. As the only custodian of the children, the mother has the right to move with them whenever and wherever she wants.
Until your children are legitimated, they cannot inherit from you (or you from them) as if born in lawful wedlock. You also cannot serve as a placement resource in the event the children were ever taken into state custody.
You would be wise to retain counsel.See question
3 kids and we own the house. I just spent 5,000 on a lawyer. He is gonna file a motion for me to return. My wife and 8 year old girl are gonna go to court and tell them it's ok and they feel safe. I was drinking and acted a little stupid.
If you violate a Temporary Protective Order or a no contact bond, don't be surprised if you are arrested and incarcerated. You indicated that you have an attorney. You are paying for his legal counsel. Listen to it.See question
My sons mom says i do because i did not show up for court but i have not received anything in the mail about it.
It sounds like maybe there was a pre-arrest hearing that you didn't show for on a charge of child abandonment. If that's the case, then a warrant may have issued. You can call the sheriff's office to find out if a warrant issued for your arrest, or you can have an attorney do so on your behalf. It would be wise for you to speak to a criminal attorney.See question
My husband filled out a divorce packet without me and paid the filing fee but did not give it to the judge to be signed due to holiday break and has now returned to his duty station is it possible for his mom to turn the divorce papers in to the c...
You posted earlier and I responded. You cannot dismiss for him. He can dismiss his divorce complaint or his legal representative can dismiss on his behalf.See question
Hi my husband filed for a divorce without me and no longer wants the divorce is it possible for me to attend the court to have it dismissed? He is unable to because he has relocated out of the state to his next army station he filled out the paper...
If the divorce was filed by your husband, then he or his attorney can dismiss it by filing a motion to dismiss. He does not need to be in Georgia to file it. He can mail it in or in some counties he can e-file it. He may be telling you that he wants to dismiss to buy time, prevent you from filing an Answer, and may try to schedule a final hearing without notice to you. You should not try to navigate this process without legal representation. Look in your area for an attorney who practices family law. Look at his or her reviews. Speak to your friends who have been through divorce about who they have used, get referrals, go and consult with attorneys you are interested in retaining. I don't know when you were served, or if the time to file your answer has passed or is about to pass. It would be wise for you to speak with someone right away.See question
We were unmarried at the time of our daughter's birth so is she legitimized if we signed the CS 909 form at the hospital? The birth certificate and social security card have the fathers last name. Also we were married when she was about 16 months.
The law that allowed parents of children born outside the marriage to legitimate via acknowledgement was abrogated. While yours may have been signed prior thereto, the fact is that when you married the biological mother and held your child out as your own (assuming you did), those actions served to make him your legitimate offspring. (See OCGA 19-7-22)See question
I have shared custody with my ex, how can I convert from joint to sole or full custody of my daughter who has special needs.
You don't indicate whether you are seeking sole physical and/ or legal custody of your child. In Georgia, they are two types of physical custody: 1) sole physical (The other parent would be the noncustodial or visiting parent) and 2) joint physical (shared or equal time - or something very closely approximating shared time). There are also two types of legal custody - sole and joint.
As joint legal custodians, you have an obligation to confer with each other in good faith in an effort to arrive at mutual decisions concerning your child's medical care and treatment, education, extracurricular activities, and religious upbringing. Typically, in the event of a stalemate, there is a final decision maker. Sometimes, final decision-making authority is split, such that one parent, as an example, has final decision making authority over medical and religion, and the other parent has final decision making authority over education and extracurricular activities.
The legal burden in seeking a modification of custody action is two fold. You first have to demonstrate that there's been a material change in circumstances affecting the health and welfare of your child. Secondarily, you have to demonstrate that the modification is in your child's best interest.
With any child, particularly a child with special needs, continuity of care, a stable home environment, a daily routine, consistent parenting - these things are critical. If you do not believe your child's special needs are being timely and appropriately met, if you feel like your child's other parent is not providing a safe and stable home environment, then you may have a viable case for modification of custody.
You have not addressed any particular facts in your post, so it would be wise of you to sit down with a family lawyer to discuss what the specific facts of your case are.See question