My daughters dad has refused me them since August 30,2016. I live 4 hours away. On August 8,2016 he filed for custody,instead of returning the girls home, as discussed. Now he missed mediation due to him oversleeping. What will happen next? What c...
First, you need to get yourself an attorney so that all potential avenues of recourse can be properly pursued. If the mediation was court ordered, you can file a Motion for Contempt for him failing to appear at the Mediation and request sanctions against him, which could possibly include striking pleadings and/or financial sanctions. You should also immediately file a Motion for Temporary Relief to establish temporary visitation or timesharing, which you could have heard at the same time. As stated, your best bet at a successful outcome in these matters would be hiring an attorney to assist you.See question
In 2008 I was brutally beaten by a male friend of mine. He ended up putting me in the hospital but he put a restraining order on me! I was at fault for smacking him in the jaw area which I should not have done. But he brutally beat me. I had a bla...
You, or you through an attorney, need to file a Motion to Terminate the restraining Order. Consulting with and retaining an attorney to assist you would be advised.See question
He's living in Ohio
The Department of Revenue or any other child support enforcement agency in the State where the original child support Order was entered won't help you, as the child(ren) have already emancipated. Your ONLY option is to hire a private attorney to pursue the child support arrearages that have accrued pursuant to the original Order. The action would most likely be filed in the State where the original Order was entered -- as long as that State has what is called "long arm jurisdiction" over the Father. If it doesn't, then you may need to domesticate the original Order in Ohio, so that the Order can be enforced there -- in which case you would need an Ohio attorney. Consult with an attorney in the State wherein the original Order was entered first to see how you need to proceed.See question
I have a 13 year old son that has been with me all the time since birth the only contributions his father gives is $95 a month which he is ordered to pay through child support enforcement. My son has never had a relationship with his father except...
Through the child support action, paternity was established for the biological father. Therefore, currently, the biological father would have to sign the passport. In order for you to have sole authority to sign for a passport, you would need to file a legal action to establish sole parental responsibility for yourself (the child support action only established paternity and child support -- not parental responsibility and/or visitation, also known as timesharing). The other possibility here is that your Husband could possibly adopt your son (through a step parent adoption proceeding). However, again, in order to do so, the biological father would have to consent to the adoption, especially if he is actually paying the court ordered child support. Easiest solution? contact the biological father and have him sign the passport application. If he refuses, then the only answer is some sort of court action, as stated above.See question
My son who is 17 has been with his father in in NYC for about a month. I have been in Florida for about a month. My son has been neglected. His father has left him alone in an apartment. He ha not spent a night with our son for a night. he ha...
The other attorneys are correct in that if you were to file any sort of legal action, it would have to be filed in the State where your son most recently resided for 6 months with a parent. That said, leaving a 17 year old alone overnight or even for several consecutive overnights is not prohibited, as long as the Father is providing food, shelter, etc. for the child. If you think the child is being neglected or abused, then you need to file a report with NYC social services.See question
My 25 year old son started dating a girl around May/June of 2015. Around September is when he decided to tell both me and my husband that she was pregnant and that he is NOT THE FATHER. We then scolded him about getting into a relationship li...
On the first child, until his paternity is established either through a Department of Revenue or other Court action (either through a DNA test or by failing to dispute Paternity and demanding a DNA test), he won't have any financial responsibility for the child. He won' t have any rights at all pertaining to the child either (such as for visitation or timesharing). Changing the birth certificate is a little different. If you want to change the birth certificate, the Mother of the child would have to take affirmative action in the form of filing a Paternity action herself to establish the true biological father. Once that was established, then the birth certificate could be amended to show the correct information.
On the second child, again, until his paternity is established either through a Department of Revenue or other Court action (either through a DNA test or by failing to dispute Paternity and demanding a DNA test), he won't have any financial responsibility for the child. Of course, he also won't have any rights to visitation or timesharing with that child either.
HOWEVER, keep in mind that if your son decides to marry the Mother, his paternity will automatically be established for both children (presuming he also signs the birth certificate for the second child, once born) and he will then have financial responsibility for both children (regardless of whether he truly is the biological father). If he marries the Mother and later wants to try to get out of having financial responsibility for one or both of the children, he would need to divorce her and in the divorce get DNA tests on both children and, if one comes back as not his child, then immediately also file a Petition to Disestablish Paternity, which may or may not be granted (best bet would be to establish the correct Paternity at the same time through ANOTHER legal action).
Best advice right now? Have your son get a copy of the first child's birth certificate to see if he really did sign it. If he didn't, great. If he did, ... And on the second child? He shouldn't sign the birth certificate without first having a DNA test done.
Good luck!See question
I have spoken to legal aid they cannot help i can do payments we both have injuctions on each other trying to get this over with his attorney is winning and im worried for my daughter shes 1 year hearing is in citrus / inverness
If he has an attorney, you definitely need to hire one in order to protect you and your daughter's rights. There is way too much at stake here to try to handle it yourself. Many people are under the mistaken belief that they can try to handle matters themselves and then, if things don't go well, they can hire a lawyer to "fix" things. That is not true in nearly all circumstances. As stated by the other response, many attorneys do offer free initial consultations and accept payment arrangements. Call several and then retain the one with whom you feel the most comfortable, even if you have to borrow money or sell something in order to gather the necessary funds!See question
I have a order signed by the judge from mediation for 50:50 with my child but his mother won't answer my calls or let me see him. I don't know where she lives because she always meets somewhere. What can I do ?
If you have a mediation agreement, you need to have it first filed with the Court and ratified by the Judge for it to be enforceable. Once that is done, if she is failing to comply, then you can file a Motion for Contempt and Enforcement, and also request make up timesharing for the time that you are missing with your child. The Motion and Notice of Hearing will have to be served on her, and she should have an address on file with the Court (or you can serve her at work, if necessary). If you don't have an attorney to assist you, then you really should consult with and hire one so that everything is done properly and all potential courses of action properly pursued.See question
MY HUSBAND PASS AWAY AND 4 YEARS LATER A WIFE POP UP FROM PHILADELPHIA SAYING SHE IS STILL LEGALLY MARRIED TO HIM
If he was married to you first, then the subsequent marriage should be null and void. However, if he was married to the other woman first, the same would apply to your marriage. You probably need to talk with an attorney in order to discuss the facts of your situation and make a proper determination.See question
The mother of our child and I are beginning to hatch out a parenting plan agreement to be submitted to the Florida Courts. Although we never married, I am the child's legal biological father and listed on the Florida birth record. I have been invo...
First, there are no "Florida 50/50 Standards". Each case is evaluated on an individual basis in order to determine what timesharing arrangement is in the best interest of the minor child. Please look up and review Florida Statute 61.13(3) to see the factors that the court considers in determining what parenting plan and timesharing arrangement is in the best interest of the child.
And no, a court will not change an agreed to timesharing plan UNLESS such a plan endangers or is detrimental to the child. Do not sign any agreement that provides for less timesharing than you really want because, once you have signed the agreement, it will be enforceable and you won't be able to change it without an unforeseeable, involuntary and substantial change in circumstances occurring that wasn't reasonably foreseeable at the time the agreement was made. A bad agreement is just as valid and enforceable as a good agreement.
If you want 50/50 and there is no reason for you to not have 50/50 (based on the factors as set forth in 61.13(3)), then you need to pursue that and not agree to anything less. While this may be an expensive and lengthy process, your legal rights as a Father are at stake and the ultimate result will have a significant impact on the depth and quality of your relationship with your child. If you really want to be a big part of your child's life, then you need to hire an attorney to assist you in achieving this. After all, isn't your relationship with your child priceless?See question