My fiancee and I are going into a child custody battle with the mother of his child. The mother of the child has alleged that my fiancee raped and beat her. She is lying to make him look bad and keep the baby away from us. How do we prepare to bea...
Your fiance needs an experienced family law attorney and possibly, an experienced criminal law attorney. Your fiance should not delay in obtaining legal advice, as what is said to investigators, and in the initial pleadings and hearings can impact the ultimate decision in his case(s). Proof of the inflammatory allegations may not be needed for the court to make a custody order that impacts your fiance's relationship with the child significantly. Note that I have said that your fiance needs the attorneys and that this is his case. You are emotionally close to your fiance, and what happens in this situation affects you, too, of course, emotionally and financially, but this situation is one that primarily involves your fiance and it is his responsibility to deal with it. Your role is not to advocate for your fiance. Once your fiance hires his advocate(s) let the the advocate(s) do their job.See question
I'm the custodial parent, the non-custodial parent and I share legal custody, I have physical custody and non-custodial parent has visitation. I'm in California and I have a move away order to set up to move to another state (Nevada), the not happ...
I do think you will have to file your motion again because it sounds as though a bit of time has lapsed from the last order to this proposed move to a different state. And, the visitation orders for a move to Nevada may differ significantly from those for a move to Hawaii. Contact a lawyer ASAP and get your motion of file! You might be able to ask for an expedited hearing on an ex parte basis.
Jennifer A. Isensee
I have an 8 year old daughter who shares a room with her 3 year old sister and her grandma. I feel shes to old to share a room with an adult
It sounds like a shortage of space might be the reason for your daughter sharing a room with other family members. But, since you haven't provided much information, your query prompts me to ask you more questions: How many rooms are there in this residence? Who all lives there? Is your daughter living with the other parent as well? Are you asking this question because you want your daughter to live with you? What solution are you offering for your daughter?See question
I filed for a TRO after my husband kidnapped our son a week from being released from the NICU and was granted temp custody. Husband responded making false accusations but i didnt get the response until the day of our hearing since he had filed the...
You don't say why the screener recommended that you not have custody, only that
"she was not impartial and very biased towards me from the start" . That may be true, but you are stuck with that screener. Having to re-schedule a medical appointment because one has to be in family court is not the usual reason a parent loses temporary custody while an investigation is conducted. Even if you can't afford to have an attorney represent you in court, you should pay an attorney to consult with you. Tell that attorney everything and show the attorney all the papers so that attorney can give you their best advice based upon a complete picture.
Ex is suing me for more child support. We've been divorced 15 years. I don't mind paying child support but she wants money but no visitation (because she's a scientologist and I'm not.) I have some proof from old emails. If she wins I'll lose my h...
Visitation and support are separate issues that only interplay because the court assumes that when the children are with you that you are providing for them. Therefore, the amount of time the children are with you affects the amount of support you pay. The income you and the children's mother earn also affect support, of course, as well as some other financial factors.
As to visitation, I have more questions than answers for you. Such as: When was the last time you saw your children? How old are they? Etc.
However, the place to start is with your court order for visitation. If you can't find a copy of your court order, then go to the courthouse and get it. If the mother is disobeying your court order for visits with your kids, then, you might have grounds to have the court hold her in contempt. Please consult with an attorney as soon as possible.See question
In a particularly onerous divorce, part of the agreement was a split of the husbands SARSEP acct. The agreement was made on Jul 30, 2008, Endorsed Aug 12 2008. Wife had until Oct 15 2008 to pay amount due husband (she owned the house outright & ha...
If your agreement was signed by the parties and their attorneys, then you have a Stipulation. If your agreement was also signed by a Judge, then you have a Stipulation and Order. Either way, you might have grounds for a motion for good faith settlement and/or contempt of court. You really should consult with a family law attorney on this issue and show the attorney all the paperwork, including the correspondence. Until an attorney reviews the papers, the attorney can't answer your question with any certainty.See question
My daughters father told me he wants to sign over his parental rights. Paternity hasn't been established in a court but he did sign the affidavit. How do I go about getting this done as quickly as possible? He doesn't want to go to court because h...
You can accomplish both goals with a step-parent adoption that your ex-husband consents to. If you are in California you must file a Request for Adoption. The father of your child can sign a consent to the adoption in front of a Superior Court Clerk in your county and you can submit that consent with all of the other documents the adoptions investigator must have. You'll have to wait several months for the investigator to get to your case, but once the investigation is complete, it will be a snap to schedule the Adoption hearing.See question
My daughter is going to be 12 next month, she wants to come and live with me, but we know her Father will not let her. I lost physical custody of her 7 years ago in Juvenile court, but we share legal custody do I stand a chance of getting physical...
Yes, you stand a chance of gaining primary custody of your daughter if she wants to live with you. The older she gets, the more say your daughter has in the decision on where she lives. However, a lot of information goes into the decision. What do you and your daughter do when you are together? What is the quality of the culture that you have created for your daughter in your home? What is the quality of your interaction with her and what is the quality of your parenting? Why would your daughter rather live with you than her father? Answer these questions for yourself and make a list of all the things about you, what you provide for your daughter and your relationship with your daughter that you would like to improve. Then get busy making those improvements. Children are inspired by parents who deliver on their promises and who make good choices . Your income is not what impresses your child, or the judge. Are you raising a wholesome, happy child who feels empowered to take responsibility for herself, who excels in some way and who has good boundaries in her relationships? What changes have you made in your life since you lost custody in juvenile court? List them. Take credit for the strides you have made in your life. Every day, make an additional improvement, even if it's a small change, such as arriving at work 5 minutes early, or straightening up a corner of your home every day, or participating in an activity that enriches your appreciation for yourself and the life you are creating. Your daughter will see the difference and follow your example. The more she respects you for the example you set, the more time she will want to spend with you---for all the right reasons. And ultimately, the easier it will be for your daughter to transition into your home, and the easier it will be for a judge to approve that change.
I recommend Covey's The Seven Habits of Highly Effective Families. You can check it out from the libary in book form or on tape/CD and listen to it while you commute.
I hope my comments were helpful to you. I wish you the best of times with your daughter.
Jennifer A. IsenseeSee question
i have a 5 year old and the birth father of my child has never been around, paid child support or tried to make contact. my husband and i have been together for 4 years and he has raised my child as his own. to my child he is her father and now t...
My advice would be to stop all child support collection efforts, file a petition for step-parent adoption, and refuse all of the biological father's requests for visitation. You should get the adoption process started ASAP. If he's serious about pursuing visitation, your incentive to finalize the adoption, and your stress, will increase. If he consents to the adoption, he will be giving up his parental rights. Based upon the facts aas you have presented then, if he doesn't consent to the adoption, the court is likely to terminate his parental rights. Be forewarned that the waiting time for the county investigator to complete their investigation can be months. Under the circumstances, you should not delay in opening an adoption case. I urge you to consult with an attorney who is experienced with step-parent adoptions.
Good luck to you.
I am almost nine months pregnant, and i am looking to do adoption. I have a restraining order against the childs father. can he prevent the adoption from going through?
The answer is twofoled: (1) he can hold up the adoption by refusing to consent to it. The fact that you have a restraining order against him can be helpful to your case if he fails/refuses to consent to the adoption and have a hearing to terminate his parental rights, and (2) he may also prevent the adoption. If the father does not consent, the court decides whether the adoption will go through or not because the right to parent one's child is a fundamental right that is highly protected. Typically a parent's rights are terminated because an intent to abandon the child is shown.
Intent to abandon the child can be shown by failure to provide support or failiure to communicate, for a period of time. If both failure to support and failure to communicate can be shown, that's even better. Token support or token efforts to communicate will not defeat a motion regarding abandonment.
If you wish to have your baby adopted, my advice would be to not accept welfare or Aid to Families with Dependent Children, even during your pregnancy, if you can afford to do. When you sign up for welfare you also assign your right to the DCSS/collecting agency to collect support for you and/or for reimbursement for all benefits that you receive. The Dept of Child Support Services will bring a paternity action and will ask the court to order the father to pay support regardless of your wishes. If the father pays support to you or the child support collection entity the court may find that you have given up one of the grounds for the court finding abandonment.
WIth respect to failure to communicate as a ground for showing abandonment of your child, if the father communicates with you about the welfare of the baby, or asks to see the baby, or maybe asks you to allow his mother to see the baby, or files a motion to establish paternity and/or visitation, or requests visitation in his Answer to the Paternity Complaint, then the father has communicated and the court may find at your termination hearing that you have not shown that he has an intent to abandon the child, and therefore that the adoption cannot go through.
Another word of warning: His mother's maternal instinct may kick in and his mother may push him to acknowledge his child and "do the right thing." The grandparents or other family members might also pay his legal fees. Therefore, don't communicate with his family or accept gifts from them. If you want to have your child adopted, then you should avoid allowing his family to become emotionally invested in seeing the baby.
So, if you intend to have your baby adopted, you would be wise to cutoff all relations with the father, and if possible, not request or accept any money from him, and not accept welfare assistance.
I'm sorry that you had to get a restraining order against this man. Is your restraining order permanent or temporary? Do you have adoptive parents waiting in the wings?
It takes a lot of courage to do what you are doing. I respect your decision and I expect that you will be giving your baby to a couple who will be thrilled to accept this responsibility. Good luck!