We currently have 50/50 custody but the mother has psyhical custody.
Lawyers will definitely need more facts to analyze the case. If the child was in the car while the DUI occurred, the court would be quite concerned about your ability to care for the child. The circumstances of the DUI would be key. You also state that you currently have 50/50 custody. Do you have any physical custody? When the court made the orders it did, did the court take the DUI into consideration, and were you required to complete classes, etc? Did the judge require you to partake in a step up parenting plan and/or take parenting classes? Seeking a consultation with a family law attorney is important to help address your question so a better analysis can be completed with more facts.See question
The mother of my 3 month old baby left me about two weeks ago to go stay with her aunt. When I called her to notify her that I had filed a Petition to establish a Parental Relationship document and a Request for Order (Custody/ Visitation on an Ex...
The court probably continued the case in order for her to be served. Serving the mother will be key. Did the court continue the case today? Once service is effectuated, the court will be in a position to make orders for child custody and visitation.See question
I began a relationship with someone after i had separated (not legally) with my husband. Someone said he can win a custody battle this way. I have not neglected or put our kids on any harms way.
The husband would not prevail on a custody battle if the wife began a relationship with someone else since simply being in another relationship is not relevant to a custody case. If the the current partner of the wife caused some type of detriment to the child, the husband could potentially prevail based on the specific issues being litigated about. Since you state the kids are not in harms way, I do not see how your husband could prevail. Keep in mind that custody cases are not necessarily won or lost. Some parents may consider losing custody to the other parent where the other parent obtains sole custody a loss and understandably so. Some parents think 50/50 is a loss, but the law calls for frequent and continuing contact with both parents. Each case is unique. The short answer, without a full analysis sounds like your husband would have a hard time obtaining sole custody simply because you are seeing another person. Whether he alleges something else is a different story.See question
Me and my spouse physically separated 5 years ago. We have not spoke since and I have no idea where he lives. He last told me he was going back to his country. I want to get divorced. Can divorce him if I can't find him?
A divorce is possible even though one party is missing and can't be found. There are steps that need to be taken to notify a person that can't be found. Once you satisfy those requirements, the court will allow the divorce to move forward. This allows people to get divorce when one person moves, can't be found and probably doesn't want to be found.See question
She will get mad at me and won't let me talk to him and won't let me pick him up on my weekend
Knowing exactly what the court order states is critical. Without specifics, it's difficult to say what she can and can't do. However, parents shouldn't disobey a court order. If your order states it's your weekend, it would be hard for her to justify keeping the child from you. You may need to call the police for help enforcing the court order when it's your time. Also, you may need to file to get into court for assistance. An attorney will need to know about all of the circumstances of the case to better advise. You may need a lawyer, at least on a limited scope basis if you can't fully retain one.See question
Live in a different state as my children and I'm a house wife so I don't pay child support how will this affect me ?
I agree with Attorney Alexander. Don't ignore your child support obligations. Ignoring making the payments will have significant monetary consequences as stated. If you need to modify child custody, explore that option and all other options that may be available to help reduce or terminate support.See question
I recently had a Child Support Modification hearing in California, because I lost my job. I had no income and ex-wife didn't have an income either. The judge ordered us both to look for a job and to continue the hearing in November. He said once w...
File a timely income and expense declaration, and make sure it is served on the parties. Make sure to attach evidence of the income, and block out sensitive social security information, etc. The self-help center may be an option to help, and you can also look at the judicial council forms on the court's website.See question
In 2015 I spanked my 10 year son and left some marks. I was tried for this and was sentenced with a restraining order for 1 year. Since then I have complied with the court order. Granted this was my 1st offense. The restraining order has been lift...
Ex parte hearings can be difficult to attend due to the notice that is generally given the day before court, and people may be engaged in activities they can't get out of, etc. The hearing will provide an opportunity for due process to communicate your position. You should evaluate what needs to be filed on your behalf in anticipation of the court date. Also, you may need to file a request for order seeking relief that you want the court to consider. Since you have complied with the court order, consider establishing a reunification plan. 50/50 custody may not be an option right away, but explore what will be in the best interest of the children.See question
Curently child support is based on judgement. I want to have it based on actual time spent with our child. He has not seen her in a couple of months and he is very inconsistent with his parenting time. i have also had to get on the county. He bro...
If the Department of Child Support Services warned him that support could go up, that certainly is a favorable fact for your position. Based on the information provided, it appears there is a change of circumstances to justify a modification of child support. Although a court order may state 50/50 custody, the court can look to the actual time the parents spend with the children for purposes of child support. Think about the evidence you will need to establish your position.See question
My daughters father and I separated 2 years ago and he doesn't make an effort to see my daughter or help me financially. I decided to file custody papers recently and I feel nervous about possible outcomes.
Although the judge can grant custody to the father when he lives in a different county, that may not happen right away since it has been two years since he has seen the child. The court could order that reunification therapy be completed. Also, the court could order supervised visits to the father. If you asked for child support, you can anticipate that he will fight for custody to help lower his child support obligation. Perhaps he will finally step up and be a good father to his child. Consider having at least a limited scope attorney to represent you at court.See question