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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11711
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Have been divorced for 10 years 2 children with ex-husband

Customer Question

Have been divorced for 10 years 2 children with ex-husband who are now 16 and 17 years old joint custody, but father has physical custody and refuses to abide by the court ordered visitation, I have given up and relocated to Japan with my current husband and two children. After 5 years of no contact my daughter contacted me to say she was sorry for all the years that her father and her treated us like that but would like to come back into my husbands and my life, of course without question with open arms we said all is forgiven for her and don’t blame her for any of what happened. She notified us that she was pregnant and was not sure who the father was and that her brother (my second child) got a girl pregnant last year and they gave it up for adoption this April to a family. My husband and I no more than ever realize these children need an adult in their life and that their father is obviously not proving a safe environment with boundary’s or rules what so ever. Furthermore we like to know what rights we have since we not contacted about the adoption of the child that was born, or grandchild and if we still would be able to adopt.
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

I am so sorry to hear that your ex-husband proved to be so irresponsible and never cared enough to lay down rules and serve as a role model for your children. I am glad, however, that they have come around and realized that their conduct towards you was wrong.

 

If the father of your children was not allowing you to exercise your visitation rights, your lawyer should have told you that you must file a Petition for Contempt against him and ask the Judge to hold him in Contempt of Court and give him jail time until he agrees to allow you to exercise your visitation rights. At this point it would be too late to file such a Petition.

 

I wish I had good news for you, but I am so sorry to have to tell you that you did not have the right to participate in the decision to give the child up for adoption. When deciding issues dealing with children, Courts in all 50 States do not look at the wishes of the parents or the grandparents. Instead, they apply the principle of "What is in the best interests of the child and they will not set aside an adoption and remove the child from the adoptive home.

 

I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me,

____________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11711
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
What legal avenues can we take for him not leting us know that a child was born or that my daughter is pregnant?
Customer: replied 1 year ago.

Could i possibly be arrested for payed child support, also do i have any legal ground to get physical custody of them because of him not informing me about the baby and the current pregnancy?

Expert:  Andrea, Esq. replied 1 year ago.

Good morning, Jackie, Thank you so much for the Excellent Service rating, I appreciate it greatly.

 

You asked,

 

"What legal avenues can we take for him not letting us know that a child was born or that my daughter is pregnant ?"

 

Answer

 

If you and their father had joint legal custody, that means that you had an equal right to make important decisions affecting the children, There is no question that he violated your rights as a mother not to tell you about these important events in the lives of the children. Your recourse is to file a Petition for Contempt for his failure to comply with the Court Order for Joint legal custody

 

and you also asked,

 

"Do I have any legal ground to get physical custody of them because of him not informing me about the baby and the current pregnancy ?"

 

 

Answer

 

In order to change custody arrangements, the parent seeking the change must file a "Petition to Modify Custody" and in the Petition, you must allege a "Substantial Change in Circumstances warranting a modification of the present custody arrangement". And, in the Petition, you would recite the events that constitute the "Substantial change in circumstances" because this is the standard by which the Family Court Judge will decide the case. The fact that your son impregnated a girl combined with the fact that your daughter is expecting a baby is certainly a "Substantial change in circumstances". It also shows that their father has not been paying attention at all to where the children go, and who their friends are. I imagine that he has been equally inattentive to their educational needs.

 

If you would like to do this without an Attorney, you can go to the Office of the Court Clerk of the Family Court and ask him for the forms to fill out - (1) Petition for Contempt and (2) Petition to Modify Custody. Fill them out, return them to the Court Clerk and ask the Court Clerk to set a hearing date as soon as possible.

 

 

I do not know what you mean by,

"Could I possibly be arrested for payed child support"

 

Please clarify the question and I will be glad to Answer,

 

I wish you the best,

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

ANDREA

 

 

 

 

 

 

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