Daughter in Colorado son-in-law in Florida; he is filing for divorce and intends to take custody of their child who he hasn't seen 8 months. Want to know what rights we have as grandparents for the child?
Rights to see and maintain a relationship with your grandchild arise from your relationship with your own child. If there is some reason why the relationship with your own child might not fully protect your rights with the grandchild, then you may have a basis to be concerned. If the son-in-law has not seen the child in 8 months, what grounds does he have to take the child to Florida? If there is a concern that the son-in-law might be successful, your first line of defense is to aid your daughter. Your second line of defense is to hire an attorney and intervene in the divorce. If you choose to intervene, you have a high threshold to meet to show a substantial and on-going relationship, in the best interest of the child.See question
I am the father of both my children. I've lived with them for 5 years and 2 years respectively. My wife abandoned us and I'm trying to get the ball rolling to take care of the children. The Petition states the law allows the "mother of the child/r...
From the description of the issue, it sounds like you were never married to the mother of your children, despite calling her your wife. If you were married to the mother when the children were born, you are presumed to be the father and have standing. Under the Texas Family Code, if you were not married to the mother when the children were born, the TFC requires that either you have filed an Acknowledgment of Paternity form with the Bureau of Vital Statistics, or a court has adjudicated your paternity. Remember, these children came out of the mother's body, presumably with witnesses. Usually there are no witnesses to your initial contribution. Therefore, you may need to have a paternity test performed. An attorney will be able to assist you with filing the SAPCR and establishing paternity, if needed.See question
there has been unauthorized USPS mail opening of my mother and I, by the assistant of the ex-husband. I was informed this was a federal offense and was urged to call police, however after speaking to postal inspector, they claim if the assitant ...
As the other attorneys point out, the US Attorney is unlikely to make the interference with your mail a priority. The key is proof of a tangible, and often material, harm from the actions. In addition, you have means to prevent the harm by renting a post office box, forwarding your mail to that box, and changing your address with those sending you items.See question
-Colorado ordered a custody order in 2010 and has never been modified. -Mother, child and step father have lived in Texas since 2013. -Step father wants to adopt child in Texas. -Father still lives in Colorado and has signed an affidavit of rel...
As the other attorney stated, it is would be best to file a motion to transfer the case to Texas and file both the termination of parental rights and adoption in Texas. The child no longer lives in Colorado, so the adoption is not properly brought in Colorado. Most courts are hesitant to grant a voluntary termination of parental rights without some assurance that the child will again have two parents. A petition for termination and adoption at the same time alleviates the concerns.
As an attorney licensed in both Texas and Colorado, this is the advice that I would give a client in either state.See question
Recently broke up, not married. Two kids. So far agreeing on everything. Scared of the future and possibility of not getting along the well. Let her keep the house. Loans under my name. But I don't want to take it and them have no where to live or...
While the two of you are getting along at present, that might not be true in the future. You should consult an attorney about a parenting plan for the issues with the children. Regarding the house and property, you need a settlement agreement that can be enforced as a contract. Without a settlement agreement, she may stop paying on the house or otherwise act in a way negative to your interests.See question
She taking back for more money and I still don't have rights to bring them hear , where I live
You could look for an attorney who is licensed and practices in both Colorado and Texas. I am dual licensed and maintain a practice in both states.See question
My contract ended in May and I have been unemployed, unemployment has been exhausted. I am trying to get child support modified (oldest moved in with me and I am no longer working). I was pro se during divorce proceedings and his military pension ...
From your statement above, it appears that your divorce has been final for a period of time. The property settlement, including for the military pension, is now final and cannot be modified. Military pensions have special and specific rules for division at the time of divorce. If you were to marry again, and be in a position requiring the division of a military pension, please seek legal counsel before signing the property settlement agreement to ensure you receive a proper division.See question
I was involved in a auto vs peds and I was NOT found at fault. This happened in 2010. The case has been closed and they are still is trying to sue me for medical damages. Now I have a hearing on the 19th and I have no idea what to do or what to sa...
It sounds like you were found not at fault in a criminal case or a traffic ticket situation (which counts as criminal). Despite the positive result in the criminal case, the other party can still file a civil suit to recover their medical damages. Were you served with the law suit complaint and a summons? Get those documents to your insurance carrier immediately. Your carrier has a duty to defend you. I highly recommend that you engage counsel at least to make an appearance at the hearing on the 19th and prevent a default judgment. Not answering the suit gives the other party a chance at a default judgment against you. Since the criminal side found you not at fault, you should have a pretty decent chance to defend this case and be found not liable. However, it is possible to be found not at fault in a criminal setting and liable in a civil setting.See question
we live in different towns and don't have each others addresses
As the other attorney stated, you may be in line for a statutory rape charge for one of you if the relationship becomes intimate. How did you meet this guy? How much do you really know about him? If you met on-line, have you done anything to verify that he is who he says he is? Approach any relationship, but particularly one where there is a large age, distance or other gap with extreme caution.See question