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2 Answers | Asked in Child Custody and Family Law for California on
Q: filed RFO 2 Modify custody, mediation date given.Ex filed RFO affter,How many days b4 mediation do papers have 2 b serve

When I filed RFO I had to send blank response for her. There were none for me.I was expecting the response papers not a RFO in return. I am confused. Can I change what I requested in my original RFO?

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 15, 2024

The deadline for service of a Request for Order is 16 court days (plus 5 calendar days for service by USPS) prior to the hearing date on that Request for Order. The service deadline is not related to the date of your mediation. The fact that she failed to serve you with a blank Responsive... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?

My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

Voluntarily terminating your parental rights does not relieve you of the obligation to pay child support. If the child were legally adopted then the father's obligations would sever. But that's the only way to avoid paying child support is legal adoption by another party.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?

My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More

Kedra M. Gotel
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answered on Nov 16, 2024

A child conceived during a marriage is presumed to be the child of the marriage unless a genetic test proves otherwise. In your divorce proceeding your husband may ask the court to enter an order for a genetic test. He would then submit to the test along with swabbing the child. If the child proves... View More

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Indiana on
Q: I Was being abused at the time of my son’s birth. He is now 6 and I want dna pushed to get my ex out of our life.help!

Paternity affidavit was filled out but I was threatened to sign it. How can I get this redone.

Elizabeth  Milliken
Elizabeth Milliken
answered on Nov 14, 2024

I need to know more details about your case to be sure, but, if you have good reason to suspect that your ex is not your son's biological father, then you may have a legal basis for asking the Court to rescind the paternity affidavit.

Ind. Code 16-37-2-2.1(r):

Before a...
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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can a custody agreement be nulled in both parents and child moved out of that state.
Kay-Ann  Waite
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answered on Nov 12, 2024

The answer depends on whether the custody agreement was ratified by the Court and if it became a final or temporary order in a custody or a paternity case. Custody agreements between two parents that are not generally filed in Court can be enforced as a contract if necessary to protect one parent... View More

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: How can I get visitation and my rights to my children back after a Protection order was filed against me more than 2 yrs

Protection order was filed in 2020, I was incarcerated at the time of the hearing, the allegations were not accurate nor was I ever convicted of anything in that nature. And I have not been able to see or speak or know anything about my children since 2021.

John Michael Frick
John Michael Frick
answered on Nov 7, 2024

You can file a motion to modify in suit affecting the parent-child relationship. If the protective order is still in force and effect (they typically only last two years), you would also want to modify the protective order if it limits your access to your children.

You will want to present...
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2 Answers | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: if an adopted child turns 18 and the parent has power of attorney can the child still leave
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

Yes. However, the if the child is disabled, you could file a petition for guardianship, conservatorship, limited guardianship, limited conservatorship and/or a combination those representative roles.

"Disabled" means a legal disability, not a medical disability, and is measured...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What motion should I file if Respondent moved child out of state without notifying me during Paternity Case in FL?

A UCCJEA was also filed with the petition. The lawyer didn’t notify me as well. The child now lives 22h away oppose to 6h . What should I do to get this settled quickly .

Pamela J. Fero
Pamela J. Fero
answered on Nov 6, 2024

File an Emergency Motion for Child Pick-Up Order. This motion can request the court to order the immediate return of the child. Since the respondent did not notify you about the relocation, they might be in contempt of court, especially if there was a court order in place prohibiting such a move... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Michigan on
Q: How do I respond to a complaint to establish paternity while the plaintiff has also been charged with domestic violence?

Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2024

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex wife for 4 years has been living with her boyfriend for over a year and another before that. Alimony? California

My 16 year old visits and tells me everything. I have social media info. that verifies their relationship and it's seriousness. She also only has her daughter 8% of the time when it's supposed to be 30%. How much will it cost to correct this?

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 3, 2024

It's not a "correction". The fact of her cohabitation is grounds for modification of an existing spousal support order if the cohabitant has income and that income is used to contribute to the household expenses/cost of living expenses. It is not relevant to child support however.... View More

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1 Answer | Asked in Appeals / Appellate Law, Adoption, Child Custody and Civil Litigation for Texas on
Q: I asked to appeal the trial courts order and my lawyer said no what do I do?

He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2024

Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Nebraska on
Q: I am a 16 year old adopted child my mom keeps taking my phone that she doesn’t not pay for nor she bought.

What can I do to prevent this from happening?

Julie Fowler
Julie Fowler
answered on Oct 31, 2024

Generally, a parent can take a child's cell phone. This includes as part of a disciplinary measure or if the parent wants to limit or prohibit cell phone or social media use.

Almost every school now has a school counselor available to students to help talk about issues they are...
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1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for Rhode Island on
Q: I want to file for divorce in state of RI. What are my first steps. Doesn’t look like it will be an amicable divorce.

He is a narcissist

Albin Moser
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answered on Oct 30, 2024

There is a Guide and File portal on the Family Court section of the Rhode Island Judiciary's website. If you are trying to represent yourself then you can try to commence a case using the Guide and File and follow its instructions. Hiring a lawyer would be a good idea though.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Child Custody court order question

I share custody of my child with someone who doesn't have a job or a car and owes thousands in custody payments. I've been picking up and dropping off my daughter for years. I'm being taken advantage off.

What’s on the court order is I have to make reasonable... View More

Eric Doyle
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answered on Oct 30, 2024

What is considered "reasonable" as defined in your Order on Child Support is going to be up to the interpretation of the Judge who issued that Order. For some, it may be considered reasonable to make such accommodations in the name of facilitating parent-child relationships, for others it... View More

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Dcbs question about our child

Me and my girl has dcbs involved over my depression mistake..if we make it to were she has 100% custody of our daughter what will dcbs do/ can do to me if I'm not in household no more???

Timothy Denison
Timothy Denison
answered on Oct 26, 2024

Most likely even if you do give her 100% custody, they will still require you to complete their regimen before you can have contact with the child. You probably should hire the best family court lawyer you can and deal with it head on once and for all rather than giving her custody and hoping it... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: Divorce with a minor child that a family member gave us custody of, what do we need to do to ensure I will have rights?

I am filing for divorce, however, my soon-to-be ex and I have a minor child that a family member gave us custody of when she was 2 weeks old. What do I need to do to ensure I keep my parental rights? As my ex said she is going to be filing papers that give her all parental rights, basically... View More

Martha Bronson
Martha Bronson
answered on Oct 22, 2024

Greeetings and so sorry to read of your troubling situation. In order to adequately and specifically respond to your important questions, we would need to know exactly what "papers" are already on file of which order/ grant you and your ex equal and sole parental rights over the child.... View More

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1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: If I have full physical custody of my children, what do I need to do to move out of state
John E. Roach
John E. Roach
answered on Oct 18, 2024

This largely depends on two things: whether or not the other parent has court-ordered parenting time, and if so, whether or not the other parent agrees to the move out of state. If the non-moving parent has court ordered parenting time, it is usually required that the parent seeking to move file a... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If my child’s father cut off all contact and visits with my child but brought a gun into my home can he gain visitation?

Father hasn’t visited since child was a month old nor has provided any financial help but brought a gun in my home & my only proof is my family but wants to get rights

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

The father can pursue parental rights in the courts should he choose to do so. And if that happens you will have your opportunity to admit or deny any of the allegations in his petition and let the court know whether you agree with him obtaining those rights or not. Then it will be up to the... View More

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: How can I protect myself if my opposing party IS city hall?…and friends…?…and family members…?

myself and safely get my children returned to my custody after 3 years of a battle against the court employees and authorities, who ARE running this town, my childrens cases, no due process exists and judges simply don't respond to emergencies modification custody? Not even a personal letter... View More

Kay-Ann  Waite
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answered on Oct 17, 2024

Based on the allegations, it would be in the best interest of the child(ren) that you request the Court to appoint a Guardians ad Litem (GAL) to advocate for the minor child(ren). The Guardians ad Litem will have the ability to review all the evidence and prepare a report and send to the Judge... View More

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2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: Is traveling out of state with my child during my custody time is a violation based on the following notice?

Or is it ok to go during my custody time? Other parent refuse to communicate respectfully. We both have joint legal and physical custody. No other items or notes mentioned in the order except the following notice.

“PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION,

CONCEALMENT OR... View More

Philip Spradling
Philip Spradling
answered on Oct 16, 2024

Parents seeking to maintain control over the other parent often proclaim rules like 'no travel outside the state' and try to use this sections to support their claim.

This section does not prohibit you from travelling out of state during your custody time, as long as you do not...
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