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If I request the paternity test and he is proved to not be the father will the court try to seek out the donor for child support. I don't want this.
My husband has threatened to pick up the child at daycare and daycare says they cannot turn him down. Is there anything I can do about that?
I have always been the financial support for this family. My husband has rarely held down a job or contributed financially. What would the court likely do as far as custody is concerned?
1. Husband is alcoholic and possibly bi-polar - has threatened to kill himself numerous times. Is there anyway the day care could refuse to let him have the child is his condition is proven to them.
2. Am I correct, that I can go ahead and file the divorce petition now and work out the custody questions later when the decree is filed, depending on whether the husband signs a waiver or does not answer within 21 days. In other words, if he signs the waiver or does not answer, does that remove him from any decision-making?
Day care has no legal authority to refuse to allow a parent to pick up their child. Only a court can modify custody.Your assumptions on the divorce process are not correct.There are two ways to get a divorce. You can go the uncontested route...basically you both agree on everything. You file a marital settlement agreement with the court (both of you must sign this) and the divorce will work its way through the system. No lawyer neededOtherwise, you are in a contested divorce. You can file a petition for divorce...but if he is not in agreement then you either need a lawyer to progress or will need to act as your own lawyer.It is true that if you file this and he does not respond, you may win by default....but that is only after you address the court on the record...and for that you need a lawyer...or you need to learn the rules of evidence and procedure to act as your own lawyer.BotXXXXX XXXXXne: if you can agree? Its easy. If you can not you need a lawyer.
1. As far as child support -- what does the court do if the father will not work, has not worked, and doesn't plan on working. Like I said, I'm not interested in child support.
2. Is child support a requirement in order for me to get financial aid?
3. Income taxes? We have been filing jointly, but have been separated for 6 months. Should we now file individually?
4. Is there such a thing as "legal separation" in Texas. If so, what does that mean?
I have filed the divorce petition and my husband was served yesterday. His response was "What if I tear up these papers?" and "I'm not paying child support for someone else's child" and "I want to see the child at least once a week for the whole day." I'm getting a lot of help from the website TexasLawHelp.org, but there are still some things that are not clear. For instance, the answer they provide is a General Denial. Should my husband use that form, assuming he answers at all? I understand that he will be in default if he does not answer in some way, either a waiver or an answer. If he agrees with getting a divorce, should he file an answer acknowledging that he is aware of the divorce and wants to be notified of any hearings. Is this correct? That doesn't sound like a General Denial.
Also, in order to get financial aid (a reduced rate) for my child care expenses, I needed to show that I had filed for child support. I did this online with the Attorney General's Office last night. I don't know how much this costs or how long it takes. I assume they will notify me?
The day care wants to see Temporary Custody Orders in order to keep my husband from picking up my daughter. How do I get these Orders?
Here is what I understand happens next. I need to call the court after 21 days to see if and how he answers. If he doesn't answer, he is in default. I need to prepare the Decree of Divorce. If he is in default, does he sign the Decree? What about the child support and visitation? Does he sign those also? After 61 days of my filing the petition, I am to call the court to get a hearing date. Do the Decree and child visitation and child support documents need to already be signed by both of us or is that done at the hearing?
Do I need to pay another $30 - or is this a continuation of my prior session?
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