Me and my wife have a 3 month old girl we are seperated and getting a divorce when I get to see my daughter do I have to return her to her mother. Her mother's house is unfit please give me some answers
I am a licensed Texas attorney, so you need to meet with an attorney in your area. However, I should be able to give you a few answers. Currently, without any court orders, you both have the right to possession of your daughter. If you feel that your wife's current living conditions are unsuitable for a child, then you need to take the proper legal actions. You mentioned that you two are going to get a divorce, have you already filed? If no, then you need to. After the suit is filed, you should request a temporary orders hearing - this will allow you to go before the judge asap and present your case. At a temporary order hearing, a judge can decide who will have tempory custody, who will pay child support, and many other issues.
Again, you need to speak to an attorney in your area to get an understanding of all your options and rights. As far as returning your daughter to your wife's house, there really isn't a simple answer for that question. Legally, you do not have a custody schedule. However, if you refuse to let your wife have your daughter, the police may get involved. You may want to contact Child Protective Services and discuss your matter with them. Perhaps they can shed some light on the options you have, as I am not familiar with the laws of your state. Best of luck.See question
My girlfriend of 4 years have been showing signs that she is no longer into the family life anymore & Im not to sure if I can stay around for this new party life she has. We have 3 kids together. 2 are from seperate fathers & the baby is mine. Iv...
You need to speak with a family law attorney in your state as I am licensed in Texas. However, I can tell you what I know based on Texas laws. If you and your girlfriend are about to end your relationship, this doesn't mean that your child is automatically going to live with her most of the time and that you will have to pay her child support. You can petition to become the primary custodian of your child and to receive child support payments.
The court formulates their decisions around one central question, "What is in the best interest of the child?" Typically, it is in a child's best interest to have both parents in his/her life. However, if evidence is presented that shows a parent is "unfit" to care for a child, that parent's rights to the child can be substantially reduced. If you girlfriend has started partying a lot, so much that you feel it was necessary to post your question here, you need to speak with an attorney in your area. Use the phonebook, internet or a recommendation from a friend to locate an attorney that offers a free initial consultation. I wish you the best of luck.See question
my husband have custudian of his 2 children 3 year old and 6 year old .can he have child support from his ex-girlfriend?she doesn't work and have no income,she lives with child molest
To answer your question in one word - YES. Your husband could be recipient of child support, but only if the court system gets involved. What he needs to do is meet with an attorney to discuss the situation. If your husband has not established his paternity - he will need to do this before he can ask the court for custody of the children and child support payments.
Even if the mother does not have a job, this does not mean she can avoid any child support obligations. Assuming a court orders her to pay child support, she cannot intentionally avoid payments by staying unemployed. However, your husband does NOT have a right to obtain child support from her until a court orders her to pay.
Remember, I am a Texas attorney, so you need to consult with an attorney in your state. Best of Luck.See question
My fiancé and his ex girlfriend got pregnant in September of last year, shortly before he and I started back dating. We have been friends for several years and recently got engaged. We hope to get married within the next two years, but his ex girl...
Based on what you have stated, it seems that mother in this situation may have some mental issues that could render her unable to adequately care for her child. I believe that you should contact the police about her actions. I would understand your logic for not wanting to get involved if there wasn't a child in the situation. But you need to consider what might happen to the child if the mother has another episode. The last thing you want is the child to sustain mental or physical abuse.
From what you have said, I am going to assume that your fiance and his ex do not have any court orders that dictate a custody schedule. If this is true, your fiance should meet with an attorney in your state to discuss his options. In Texas, often times Child Protective Services get involved in cases like this. Assuming your finace is a "fit" father, he very well could be awarded with primary or even sole custody of his child and thus be the parent to whom child support is paid. The court is going to ask what is in the best interest of the child when determining who should have custody.
Again, meet with an attorney in your state to figure out the best course of action. Best of luck.See question
Me and my soon to be ex boyfriend have a three year old daughter together, but me and her live with my parents do to his jrug use and he has been in and out of jail at least 4 or 5 times now. Can I make sure I have full custody of her so he can't ...
Please keep in mind that I am a Texas attorney and therefore not all of what I say might apply to your situation. Assuming that you don't have a court order which sets out a custody schedule, you need to consult with an attorney and initiate a SAPCR (Suit Affecting Parent Child Relationship) case. Since your ex abuses drugs and has been in jail several times, you have a strong foundation to request a court to award you with sole custody of your child. Courts base their decisions on what is in the best interest of the child. Typically, it is in the child's best interest that both, mom and dad be involved. However, there are situations, perhaps such as yours, where it is not beneficalfor the child to be around both parents. Again, I recommend that you consult with an attorney in your state to go over all the details and learn what your rights are. Best of luck.See question
my boyfriends ex is threatening to take his child away saying he has no rights to her. Just wondering what a fathers rights to his kid is, if they were never married.
Going off what the previous attorney said - your boyfriend needs to first establish that he is the father of the child. This can be done through a paternity test or, in Texas, a father can sign an Acknowledgment of Paternity and file it with the Bureau of Vital Statisticsand therefore the father will become the legal father of the child. I am not sure if your state has a similar form.
Once your boyfriend's paternity is established, he will have all the rights and duties that any parent has (assuming the court does not strip him of any rights). Among these are the rights to possession/custody, to make decisions concerning health care and schooling and the duty to love, support and care for the child.
Your best option is to consult an attorney in your state. Many attorneys offer a free consultation and it would be wise to learn everything you can about the situation so that you and your boyfriend will know what to expect. Best of luck.See question
I live over an hour away from my sons dad. I have asked that he call me to confirm when and where we will meet at least the day before if not sooner so that I can plan on it for sure. It has become a huge deal and causes a lot of fights. He say...
The answer to your question depends on what your final decree of divorce states. Or, if you and the father were never married, then the answer depends on what the final ruling of the SAPCR (acronym for Suit Affecting Parent-Child Relationship) states. For example, if the court awarded you with sole custody, this means that you have the sole right to make all decisions for your son. However, his father may have been awarded some sort of possessory right (aka - visitation). If he was, then you need to comply with the terms of the court's decision and allow him to see your son at the days and times listed in the document. If you want to get the days/times he is allowed to see your son changed, then you will have to get the court involved again.
If the father was not given any possessory rights, or if his parental rights were terminated, then there is not a court document forcing you to give him access to your son. If this is the case, then you decide when and where he will see your son.
I don't know if you used an attorney to deal with this situation in the past. If so, you may want to call him/her and ask your question(s). I am licensed in Texas, so I am basing my answers on Texas law. So, depending on what rights he has will dictate what you need to do. If he has no rights, then you call all the shots. If he does have rights, abide by them - and if you are unhappy with his actions or the current arrangement, get the court involved to redefine the terms of the custody. Best of luck.See question
My wife,s mother passed away on 3-7-09
No, it is not necessary for your wife to hire an attorney. Since your mother-in-law created a will, her intentions and wishes of how her estate is to be distributed will be listed in the will itself. As the executrix, your wife should offer the will for probate.
Some of her duties include: disbursing property to the beneficiaries as designated in the will, obtaining information about any other potential heirs, collecting and arranging for payment of debts of the estate, ensuring estate taxes are calculated, necessary forms are filed and tax payments made. Usually the executor/executrix is the representative of the estate for all purposes, and has the ability to sue or be sued on behalf of the estate.
Depending on the court, probate can take a several months to complete. So, be prepared for a long process. If your wife feels overwhelmed with the job, she can have the court appoint someone else. Either way, you don't have to get an attorney involved to help her.See question
Hi! My husband has applied for an L-1 extension. We used premium processing so we should get an answer very soon. In case the petition is denied, can we come back as tourists a couple of months after our visa expires? Is there a minimum time you ...
If your husband's L1 application for extension is denied, you will have no more than 180 days before you are supposed to leave the United States. Assuming you leave when asked, then you are absolutely allowed to apply for a different type of visa (eg - a B2 visa, which is a visitor visa). The amount of time you are authorized to stay in the United States will obviously vary based on the type of visa you are approved for.
Since you paid the extra fee for premium processing, you should have an answer within a couple weeks of the filing date. If your husband's application is denied, make sure you do not stay in the country longer than you are supposed to (eg - 180 days). If you overstay, then from the time you finally leave, you will have to wait 5 years before you are eligible to apply for another visa. Best of luck.See question
My wife was cheating on me during the course of the marriage. I am not sure if the child is mine. Will a DNA test make difference on the child support?
In a word - YES. A paternity test could change everything. When a child is born during a marriage, the husband is the presumed father of that child. If the results of the paternity test confirm that you are not the father, then your legal rights and duties to the child are terminated.
One thing to keep in mind - the Texas Family Code states that when there is a presumed father, a proceeding brought to adjudicate (determine) the parentage of the child must be commenced before the child turns four years old. So, depending on your child's age, you may have to act quickly. Talk to an local attorney. Best of luck.See question