My daughter, was living in Maine with her mother but is now in Florida because of two evictions. Do I stand a chance at custody: If I can prove that my girlfriend moved to Florida at her Mother's because she had been evicted from her last two rents and had no other choice, will that help me to get full physical custody and allow my daughter to live here in Maine with me????
Michael’s answer: The event you describe is only one factor that a Court is required to evaluate in determining the parental rights and responsibilities, residence and contact with your child. The best interest of the child is the standard employed by the court and can be found at 19-A MRSA sec. 1653. No one factor takes precedence over any other. You should consult with an experienced family attorney to address this most important issue.
Can one of the parents hire a guardian ad litem or is she or he picked out by the court?: I am the father and my girlfriend and our daughter moved from Maine to Florida and did not tell me until she was due to return. We never had legal papers drawn up. The court has ordered her to return for two weeks so that we can work something out but she simply won't agree and I know it's going to be a court dispute. Neither of us have much money and I know that we will need to pay for this guardian ad litem but who hires them?????
Michael’s answer:
The parties can agree to the appointment of a specific qualified Guardian if they are able to reach agreement. They could also agree on the allocation of responsibility for payment. If the parties cannot agree, the Court will appoint a Guardian from the official rostered list of qualified guardians and will typically assign responsibility for payment in proportion of their respective incomes. You should consult with an experienced family lawyer to assist you in dealing with this very important issue.
Good luck.
My son and ex gf have a 17 mo old. the mother abandoned her 3 months ago then took child from dad today. can dad get custody: She will be 19 this week and always keeps the baby from his family. she refused to teach baby anything and let her make messes and hit and stuff. 3 months ago she abandoned by not picking her up and not opening the door. dad and grandma been taking care of her. dad has been trying to do paper work but he makes little money. she found out we were going to court so she took the baby from dad today. she is on meth and her house is unsafe meth house. today, with police, she said baby would be brought back tomorrow but told him later she's never giving her back. i've got a bond with baby now because i been teaching and loving her. with several police reports on her now from past week, and my witness of her abuse on him, can we get full custody from her? she's done drug trtmnt twice already.
Michael’s answer:
If the facts you describe are accurate, the father can obtain custody of this child. Because there is no existing court order, "possession" is 9 10ths of he law. You should consult with an experienced family law attorney as soon as possible before anything happens to this child.
Good luck.