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I need to know if the evidence that I have can be submitted in court.: I have a need for legal adivise regarding being tricked into signing a birth cerificate for a child that is now 2 years old and now she is trying to make me pay child support..I have confirmed proof that the child is not mine. And there is a need for me refer to court and I am uncertain if the proof that i have is able to be presented to the judge for when the time comes to defend myself. And at the fact she has been exposed, she is also not allowing me to see my 4 yr old son, and has made comments about leaving the state. And not informing as to where she is going to move too, my son and without addressing the proving of the natural father.

Asked 1 day ago in Child Custody

Molly’s answer: As Mr. Pickard stated, you should speak with an attorney. If you are on the child's birth certificate, there is a presumption that you are the father and even a DNA test may not be enough to terminate your legal responsibility for the child. There are other factors the court might consider like whether you and the child have a relationship and whether you have held yourself out as the child's father.

In addition, if there is a 4 year old that is your child, you need to establish custody orders regarding this child. The Court presumes that you and mom have joint custody but the longer you wait to establish orders for joint custody the harder it might be to get joint custody if mom is withholding the child.

The you have a relocation issue you need to address. The fact that mom wants to move with the child cannot be done unless you agree in writing or she obtains a court order. If you are not agreeable to the move, you need to establish custody now and it is better if you do it before she tries to move. Judges are reluctant to make a parent return with a child if they have lived outside of the jurisdiction for a period of time.

If you are serious about pursuing your rights, like Mr. Pickard said, it is probably worth your time to sit with an attorney to discuss your options. Avvo is not the forum to ask detailed questions and receive detailed responses, unfortunately.

Answered about 24 hours ago.

My wife and i have separated like a week ago.: My kid went to california for a vacation before we even separated so after we separated my wife family wont even allow me to speak to my son. What can i do?
Im married and i have a baby.

Asked 2 days ago in Family

Molly’s answer: I agree with Ms. Loving. You are both presumed to have equal custody of your child in the event of a divorce or custody action. If you believe divorce is imminent you should initiate the divorce process and request custody of the child. If you aren't sure whether or not you want to divorce, but you two have separated, you might want to consider pursuing a legal separation.

From a practical perspective, you could call Metro to facilitate an exchange but without a Court order, law enforcement is unlikely to get involved in your case. As Ms. Loving suggested, you should continue to request to see your child and you should document your efforts as well as mom's denial of visitation.

Finally, you might want to sit with an attorney who can clearly explain the process and your legal options.

Answered 1 day ago.

What do I do to make sure I get my son back from cps instead of giving them more of a case against me?: CPS took my baby from the hospital. I have suffered from addiction problems before and I was taking prescribed methadone prior to giving birth to him. They put a place hold on him and they are going to court on Thursday. They want me to come in and admit to my prior addiction problems before they go to court. The women said it was so they can develop a plan then they will release him to me. I think that she is just trying to get more information on me so that their story is stronger in court. How can I be sure that sitting down with her will work out in my favor or if they'll take my baby away from me forever

Asked 19 days ago in Child Abuse

Molly’s answer: As the other attorneys have stated, CPS is there to make sure children are safe and that if a child is removed for a safety concern the child is not returned to a situation that is unsafe. If your baby was taken from the hospital it is likely because the child tested positive for substances. Whether you have a prescription or not, if the child had high levels of drugs or higher than a prescribed amount, then it is the responsibility of the hospital to report that to CPS. Likewise, whether you are prescribed methadone or not, it is the responsibility of the hospital to report to CPS that the child was exposed to methadone.

It will be up to CPS to determine whether the child can be safely returned to your care. I would recommend you take the following steps IMMEDIATELY: (1) identify a friend or relative that is safe that can take care of your child through this process. Make sure you have them call CPS and you call CPS to let CPS know who this person is. If you have a Preliminary Protective Custody Hearing scheduled, this person should be at the hearing as well to make themselves known to CPS and the Judge in your case. (2) contact your CPS worker ASAP and sit down and talk about what led to this situation. Be honest and be open to help from CPS. CPS is using a national model to determine change in parents in order to give them their children back. If you approach this as "I just have to do X, Y and Z I will get my child back" you will lose your child. CPS is watching to make sure that the incidents that led you to use drugs and you having a drug exposed baby never happens again. (3) if you are not living in a place with sober, responsible people, get to somewhere where that can happen. If you don't have anywhere to go, talk to the investigator about getting into Westcare or another facility. If you have someone that can watch you and make sure your child is safe if you relapse, you can probably have your child back in your care with a Safety Plan. (4) Above anything else, you should start with drug court at the Family Court. I believe it is Tuesday afternoon at 1:00 p.m. If you have a CPS case, you can go. Watch the program and talk to the folks that are there. It will help you get your child back.

CPS does not take people's children away forever. Their responsibility in almost every case is to work with parents and reunify parents and their children. However, it doesn't happen overnight and it isn't magic. It is going to require work on your part to get clean and stay clean. CPS and the Department of Family Services is there to help make sure that happens. You should take this as an opportunity to get your addiction behind you and be a good parent to your child.

Answered 18 days ago.