I have legal custody of my daughter and her father and are not married. I am incarcerated until 2017 and her father is pushing for me to sign papers giving himself full custody. I am afraid I won't get her back when released. Please advise .
There is no specific 'yes' or 'no' answer to our question, but there is much for you to consider. First, Court Orders for custody of children are always changeable, until a child is 18, so anything you may agree to now, based on one circumstance, will be changeable, or modifiable, later when circumstances change. Of course, you will have to apply to the court for a change in the order, but once you are no longer incarcerated, you would almost certainly have sufficient grounds to ask for a change in the court order. Whether or not that means you would "get her back" in terms of custody time, would depend on the circumstances when you are out of jail.
Next, whether or not you 'sign papers' regarding the father's custody case now, may not really be the issue. It would appear unlikely that you are able to exercise any actual custody right now in any event, so the father is probably going to get 'custody' regardless of whether you sign papers agreeing to it. But you need to read carefully everything you have received, and respond to his application to the best of your ability, because if you don't respond, the court will enter an order 'by default' and that is almost never a good idea for you to allow that to happen.
If you have the ability to make phone calls, you may be able to find an attorney who would answer basic questions at no charge, and if so, it would be a good idea to try to at least try that avenue for further advice on your situation.See question
I would like to adopt my girlfriends twin sons how would I go about it and how long Will it take
Adoption is the legal process for substituting yourself as the parent for the existing legal father, The cost and difficulty is a function of whether the existing father is willing to consent or not, or if they are going to oppose the adoption and termination of their parental rights (the termination of their rights has to happen before a new dad can adopt the child, unless the biological father is deceased, obviously).
So, to answer your question directly, you haven't given enough information about the existing father's situation to be able to say 'how long' an adoption (and termination, potentially) would take, but the way to go about the process is to either hire experienced legal counsel, or attempt to draft and file the necessary paperwork with the court yourself. Contacting an experienced attorney in your area for at least an initial consultation would be a wise first step in either instance.See question
Child Support Services is receiving payment from non-custodial parent who has 2 separate children with 2 separate ex's. Only of the the children is getting support while the other is getting 0. How does child support services determine this?
Dealing with these kinds of issues with a huge bureaucracy like child support services is a little like dealing with the IRS---you sometimes need to just go to their office and wait to speak with a person, because phone contact may not get anywhere, although recently I've noticed some improvements in their responsiveness by phone. What you're asking about is not uncommon where they have money coming in on two different kids, sometimes the wires get crossed. Payment allocations are one of the trickiest things for them, for some reason, so stick with it. As the saying goes, "the squeaky wheel gets the grease."
You could talk with an experienced family law attorney in your area about this, but in my experience, attorneys sometimes are not responded to as quickly by the Bureau as individual parents.See question
My sons fathers grandmother is letting me see my son under supervised visits that she watches. There is no court order saying I need to have surprised visits or anything. There is also no parenting plan or restraining order as well. Ive filed fo...
The question of whether you "can" do something is very different from whether something you "can" do is a good idea in the overall context of your situation.
You must talk with an experienced family law attorney in your area.
It's possible that nothing is preventing you from 'taking' your son but that would almost certainly be a terrible parenting choice to make given that you have a case pending.See question
Divorced, living separately, and have a parenting plan with our child. Father wants to be present at all medical and dental appointments, I believe because he is scared our child will say something bad about him and his presence would intimidate ...
Your question raises some thorny problems, in my experience, so I wanted to alert you to some of the issues which you are facing, even though I'm not practicing in your state now (I'm a member of the Washington State Bar, but inactive there). Of course, my first recommendation is to speak with an experienced family law attorney in your location about this. Many family law attorneys will offer an initial consultation at no charge, or a nominal charge.
But to address your question, you MIGHT have a technical 'right' under your "custody time" argument to say that because it's your custodial time, therefore he should not be ' allowed' to come to the appointments. But your Parenting Plan would be the document which you must follow, and it's very possible a court would interpret your parenting plan's provisions about "joint custody" and "joint decision making" as permitting him to BE PRESENT at medical appointments, just as he would be entitled to be present at parent teacher conferences or sports events during your time.
So it could be unwise to try to exclude him from these appointments on the grounds that it's your 'custody time' but it could be that there might be other ways to approach this problem. For example, many schools offer separate 'parent teacher' conferences for divorced parents. It's obviously not practical to do this with medical providers, often because of cost, and their limited availability, but nothing prevents you from speaking privately with your medical provider about your concerns of intimidation and making the provider aware of those issues.
My point is for you to attack this issue as a 'custody' issue to try to limit the other parent's access to medical appointments could backfire on you, and give him a reason to claim you are "interfering" with his "joint custody rights" and some judges are very sensitive to such claims. So, speaking with a local family law attorney there would be very important because the way this issue is handled can be very different depending on the attitudes of the local judges or commissioners.See question
Im getting divorced my husband has moved a new girl into our house 2 days after he asked me to come home an we'd try to work on things.. we are buying the house him an his gf ( girlfriend) are now staying in i can't live there because I get to up...
After a long relationship it's emotionally devastating to face these issues alone and hopeless feelings are normal. An Experienced Family law attorney can help you, though. The questions you're asking are important but the most important step you need to take is to make the call to find an attorney.See question
I was married 11/25/13 in Las Vegas, NV We separated 10/17/14. I just found out that he is still married to his 1st. Wife .
I agree with Ms. Sinclair, but write to add that the marriage is void, legally, and a void marriage is a legal nullity. And so the question is whether you need to get an annulment decree from a court, or just go on living your (single) life.
An annulment Decree from a court would be the wise course of action, in my view, to clear up title of real estate or other assets held jointly, or clarify questions as to inheritance issues. As Ms. Sinclair says, an experienced family law attorney is who you need to speak with about this situation. Idaho law does specifically provide for you the right to get an annulment Decree if your spouse had a prior wife living, to whom they were still lawfully married, at the time of your marriage.See question
I am divorced and the child custody agreement stipulates that my son lives with me in Colorado and goes to school here and gets most of summer in Idaho with his legal father. Idaho courts have jurisdiction. This past school year, my son said he wa...
You should immediately contact an experienced family law attorney in the location where your custody order was entered, which you say is Idaho, but you don't say where. If it's Coeur d'Alene, there are several very experienced such attorneys there.
The fact is that if your original order was never changed, you continue to have physical custody under the order, so there is nothing preventing you from simply picking up your son and bringing him back to your residence.
But exactly how best to accomplish that, given that he's in school (presumably) in Idaho, and has his belongings with the father, who is not cooperating, as you say, is the question. But in my view there is nothing preventing you from bringing him back to Colorado immediately, except the logistics, and the possibility that the father could file an action to keep your son there, at least temporarily, since you allowed your son to be transferred there, and suddenly removing him from school in the middle of the term is usually something that would not be done by a court, except in an emergency situation.
This is why you should consult with an experienced attorney immediately.See question
Recently I was accused of domestic battery in front of a child, I've also been served with a no contact order, I have no way to discuss how to pick up my daughter or how to go about our taxes. On the no contact is has a box checked saying what is...
These are very serious charges and you could be jailed for making any attempt to contact the complaining party, directly or through third parties, or in any manner whatsoever, even if you are married, or they are the other parent of your child. You should contact an experienced criminal defense or family law attorney for answers to the questions you have posted, because any mis-step by you could aggravate your situation significantly.
I suggest you focus your attention on the charges and getting competent legal advice and representation at this point, as your highest priority right now.See question
my son and his ex girlfriend have had a beautiful baby boy. now they have seperate d and are going through custody battle. the girlfriend has filed first and i know due to them not being married she would most likely get custody.but no one ever no...
The answer to your question is that if your son was not properly notified in advance of the proceeding, the order is probably not VALID. But in the legal system it's up to YOUR SON to now petition for the court to SET ASIDE the invalid order.
As my colleagues have correctly said your son needs to talk with an experienced family law attorney perhaps in lewiston or Moscow.See question