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Recent family law questions

Me and my Fiance, soon to be wife, live in Jamestown New

Me and my Fiance, soon to be wife, live in Jamestown New York. My Fiance has sole custody and placement with her one and only child of 5 years. She is trying to join the Air Force and we would like to know if it is possible to even attempt to make this decision and if so how we go about taking this issue to court. The child is very close to me and considers me his (real dad) and is also very attached to his mother. I myself am a former Marine and have never been in any trouble with the law and has always maintained employment and the biological father just got off of parole for selling drugs with prior charges that ended up with 2 orders of protection against his own son that has now expired. We feel that the any court would find it reasonable that we maintain custody but neither of us know the actual law.

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Gerald-Esquire

Juris Doctor

 
4,758 satisfied customers
I am currently going through legal with my ex wife. In late

Good Afternoon - I am currently going through legal with my ex wife. In late March I filed a retraining order on my ex wife because my daughter came home with a black and blue eye that her mother gave her. (Not to get into it too much but my daughter was coming home saying her mother hits her, says she's dumb, has dumb eyes and her freckles are ugly.) Her mother didn't take her to school for 20plus days throughout the school year. One time when she did take her to school she sent her in DIRTY DIRT BLACK clothing. May 16th we went to the court for the protective order hearing. The judge yelled at my ex a few times in the court to conduct herself in his room because this wasn't a laughing matter; however the judge lifted the protective order saying at that time he found it to be an isolated incident but if I wanted to modify and bring back the case I can. My ex wife and I had 50/50 custody. After this incident my ex agreed to modify the plan with only getting my daughter every other weekend. I sat my daughter down and told her his new arrangement. My daughter started shaking, crying and had such fear and anxiety. It was at that time that I decided I would not be doing right by my daughter if I sent her back to her mother. I decided that I wasn't going to send her back and file for full custody with supervised visitation. I called the school and got my daughters work for the last 2 weeks of school. Jumping forward. My ex filed an emergency ex parte pick up order and a motion of contempt. The judge denied her ex parte order. It just so happens she filed that 2 days before I was able to file the modification. I have filed the modification and now my ex has filed an addendum motion of contempt with the court. Today I received a standard letter in the mail from an attorney who assisted my ex on her addendum motion of contempt. In this she mentions that I haven't paid child support, wants to hold me in contempt and wants to have additional time sharing with my daughter for the time she's missed. My question is what happens now? What should I expect? Does my ex still have to answer my petition? Which comes first? (To add a note about child support. I was ordered to pay $125 a week; however my ex wife was ordered to pay 50% of all of my daughters expenses. My ex would demand cash and I told her I was not paying cash but that she needed to pick up the additional paper work and file through the state and I would be more than happy to do this. My ex every month would end up owing me after health insurance, school lunch & our daughters extra curricular actives - she has never paid a time to any of this. I even have proof of attempting to cerify her the medical bills that she would not sign for.) Thank you!

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I'm in Florida and my ex wife and I have shared parental

I'm in Florida and my ex wife and I have shared parental responsibility. She recently enrolled my daughter in a daycare without discussing this matter with me and refuses to place me on the pick up list even during my timesharing and is requesting I drop her off there and then have to deal with my ex's grandmother to pick my daughter up during my timesharing. Is there anything I can do so that I can pick my daughter up and can the daycare prevent me from picking her up on my time?

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LegalGems

Juris Doctorate

 
12,212 satisfied customers
Im currently involved in a dependency and neglect case. It

im currently involved in a dependency and neglect case. It was opened against my sons mother. They gave Temporary custody to his grandma on her side. I want custody of my son. Both of us battle drug addiction. I have been clean for 11 months now and work a strong recovery program. the judge gave the caseworker descretion to place my son with me. So Ive been cleared for over nights and placement. But I am still only getting 8 hours on Saturdays. Do i need to file a allocation of parental responsibilities motion in order for a custody deal to happen?

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Gerald-Esquire

Juris Doctor

 
4,758 satisfied customers
I have a question! The Grandmother of my daughters

Hello, I have a question! The Grandmother of my daughters (twins) 'is trying to get them her son which is my ex. He and I have been apart for more than 4 years or so and left our daughters with him and his family (who sit quite comfortably due to amount of money) for I was not financially capable of supporting them at the time. He has not let me see them in the past. I call and call until I can talk to them. I've tried to get them in the past but he lies to me. Now some years later the grandmother (his mom) says he's been neglecting them and she wasn't to get them away from there. She says the only way to do so is if I sign my rights away. I will NEVER do this. I'm afraid the court will take them away and claim I abandoned them. But I never ever meant to or tried to abandon them. Will my rights be taken away?

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Steven K.

Doctoral Degree

 
3,022 satisfied customers
My child is 3. Her mother, my ex-girlfriend, is a dual USA/Brazil

My child is 3. Her mother, my ex-girlfriend, is a dual USA/Brazil citizen who moved from Los Angeles to Brazil, without my knowledge or permission, just a few weeks after telling me I was going to be a father. Upon moving to Brazil, she promised to come to the USA often to visit, and to incorporate me in my daughter's life. I immediately began paying child support, even before I ever took a paternity test. On my first fist to Brazil, I took a paternity test, and made plans for the mother and child to take a trip to USA so that I could see my daughter and introduce her to my family. I sent her money for the passports, visas, and offered to pay for her entire trip. Before finalizing plans, the mother asked me if I could financially help her move back to the USA, and if we could get back together. I told her that I would help her move back to the USA, but that I was not ready to re-enter a relationship yet. Ever since then, she has refused to come to the USA - despite having no job, no income, and despite my offer to pay for EVERYTHING. Now, despite me paying child support based on an agreement I made with her, she has filed for child support in Brazil, where she has falsely accused me of many things, where she has asked the judge to bypass due process and award her $1500 per month, and now she has told me that despite her promises, she will never take my child to the USA to visit, she will never teach my child english (despite being an English/Portuguese tutor), and that the only way I can ever see my daughter is if I pay child support, pay for a Private English speaking school in Brazil, and also afford to fly out to Brazil to visit. In addition, she has committed several acts of Parental Alienation, including withholding contact info, medical info, etc.I am wondering what my rights are? Will the USA honor Brazil's child support decision if she tried to come after me here in the USA? Will the USA make enforce child support despite everything she has done to keep my daughter away from me? I have no problem paying child support, which I have done since the beginning (on top of buying her a computer, offering to pay for all travel expenses to the USA, offering to sign a letter saying I will not try to prevent her from leaving the USA if she tries to visit). But I cannot support her if she refuses to let me see/interact with my child.Do I have any rights here? If Brazil awards her $1500 per month, I cannot afford to pay it, which means I will default on child support and may never be able to return to Brazil again, which essentially means that my life with my daughter is over. I have been to Brazil 4 times. My parents 4. Mother has been to USA 0. It is simply not affordable.Any advice you have would be greatly appreciated. I live in California. Thanks (in advance).

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Steven K.

Doctoral Degree

 
3,022 satisfied customers
I live in Colorado and have full parental responsibilities.

I live in Colorado and have full parental responsibilities. Do I need permission to travel out of the state with the child if it is not specified in the order? Do I need to notify him of the reasons or location? This is on my parental time, not his.

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LawTalk

Attorney at Law

Juris Doctor

 
31,012 satisfied customers
As it relates to unmarried couples having a child in Georgia

As it relates to unmarried couples having a child in Georgia how to establish legitimization of the child. I am on the birth certificate, which I know simply isn't enough. However, I also was there to apply for the minor child's US Passport which requires both parents. Will the addition of evidence of the passport be enough to prove that I had/have parental rights prior to the ex fiancée taking the child and moving out of state?

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Lucy, Esq.

Juris Doctor

 
29,174 satisfied customers
How long do I have to wait to file on abandonm

How long do I have to wait to file for divorce on abandonment?

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RayAnswers

Lawyer

Doctoral Degree

 
33,920 satisfied customers
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