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Ted_from_Texas last won the day on May 18 2017

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About Ted_from_Texas

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  1. It's not at all clear what sort of help you're asking for. You were advised to contact CPS which you have done. You don't say whether your child's pre-school is a public or private one and you don't identify your state, so it's impossible to determine the nature and level of care (if any) the school is legally obligated to provide, or whether a lawsuit, if that's what you're contemplating, would be effective or even feasible. In any case, it's doubtful you'd want to return your child to the same environment in which he has already been subjected to abuse and/or neglect in the past. As for obtaining care and treatment from other providers, that's a medical question and not a legal one, and you could probably obtain better and more appropriate guidance from your child's health care providers than an Internet forum concerned with legal matters. I don't think there's any help for you here. I'm sorry.
  2. In North Carolina as in every other state, when a child is born out of wedlock the mother is the only legally acknowledged parent and the father has no parental rights whatsoever until he establishes his paternity (his name on the birth certificate is not by itself proof of paternity) and there is a court order in place that specifies his parental rights and obligations. This includes his right of reasonable visitation and his obligation to pay child support to the mother in accordance with guidelines established by the state. You have no legal right to withhold the child's Social Security documentation from the mother. I strongly recommend you give it to her now, then consult with a local family law attorney ASAP to learn how to establish your paternity (DNA testing may or may not be required) and obtain a formal, enforceable custody and support order ("parenting plan") from the court that specifies both your and the mother's rights of legal and physical custody and child support. This plan will remain in effect, with reasonable modifications as circumstances require, until the child becomes an adult.
  3. How old are you? Are your grandparents okay with this? Just askin'. Not sure what you mean by "start moving out." Do you mean he wants to bring his stuff over so it'll be there when he actually moves at age 18, or do you mean he wants to live there intermittently until he's 18? Does he have reason to believe his mother's feelings will be hurt by his keeping the move a secret before he moves? If so, then why is he doing it? Why doesn't he just tell her what he intends to do? It's not like she'll be able to stop him, and the sooner he lets her in on his plans, the less she'll be shocked and/or hurt when it happens. In any case, this is a decision he's making, and he has to own it.
  4. On what grounds is your ex seeking to "flip custody"? I almost never say never, but frankly, I doubt it. You don't say how old your daughter is, or whether she was born in wedlock, but after six years of joint custody it's way too late to contest the paternity of your child. At this late date, DNA is not going to be a factor. A local family law attorney can tell you how Illinois laws apply to your particular circumstances, and how best to counter your ex's attempt to modify your current custody order.
  5. You're not wrong, but your point raises no legal concerns whatsoever. Maybe you could better find support and/or advice on how to handle this unfortunate situation in a parenting forum, rather than a legal one.
  6. Every divorce is different, and your cousin may have many options, perhaps more than she realizes, depending on her particular circumstances and Massachusetts laws and judicial guidelines. There is simply not enough information in your brief message to go on. She needs to consult with a local divorce lawyer ASAP. Tell her to be sure ask the attorney about having her legal fees paid for by her husband, and how to petition the court for interim spousal support and exclusive use of the marital residence pending settlement of the divorce. Good luck!
  7. Based only on the information you have provided, there's no reason to suppose you can't continue to exercise your visitation rights with a few reasonable adjustments to the normal routine. For example, you may have to accomplish the physical exchange using a third party rather than meeting the mother directly. What adjustments to make and how they'll affect your visitation schedule and procedure may depend on the details of your parenting plan and/or the restraining order. Consult local counsel.
  8. Your message implies that Child Protective Services is already involved in this matter. Whether you can adopt the child, and if so what procedures you must follow to make it happen, will be largely up to them. I suggest you contact the caseworker handling your friend's case and discuss the matter with him or her. Assuming adoption is a viable option, you may have to take the child as a foster placement pending your completion of whatever requirements (background checks, home studies, etc.) they might require. Also remember that any adoption can be tricky, and CPS involvement makes it even trickier, so you'd be well-advised to retain a local family law attorney who specializes in adoptions to advise and assist you. Good luck!
  9. None whatsoever. As long as you are a minor, you can live anywhere with your dad's permission. It is not necessary to be emancipated in order to live away from home. However, you may still need him to co-sign your lease, student loan applications and other legal forms until you're 18. Since you already have his consent to go to school, that shouldn't be a problem. Good luck!
  10. What "ElleMD" says. You have no claim on the house itself, but if there's a mortgage and your husband has used marital funds to make the mortgage payments, you may have a claim on a share of the equity. Consult local counsel.
  11. As near as I can make out from your message, your father is and always has been a resident of Taiwan, and has never lived in the United States. You don't say, but we can only assume, that neither you nor your mother had any claim to American citizenship or residence prior to the time you emigrated to the United States when you were a child. Therefore any relief you can get from your father must come from Taiwanese courts in accordance with Taiwanese law. I know nothing of Taiwanese law but I'd hazard a guess that at this late date it would be difficult if not impossible for either you or your mother to make a legal claim on your father's current assets or income. Inheritance is another matter. Depending on the relevant law, you or your mother might be able to make a claim on a share your father's estate if your mother can prove she and he were married and there was never any divorce, or if you can establish his legal paternity regardless of their marital state. I suggest you contact a probate lawyer licensed to practice in Taiwan to learn what (if any) rights you may have. Whether you can find such a lawyer in the United States I couldn't say. You might start by checking with the Taiwanese (Chinese?) embassy or consulate nearest you. Good luck!
  12. You will not be granted a change of venue without a compelling reason, and the only reason you present in your message seems to be that your ex or your ex's family member is on friendly terms with everyone in the courthouse, which is simply not compelling enough. I'm sorry. Do you have other evidence to suggest that you won't get a fair hearing in this judge's court? Has this judge rendered decisions in the past which clearly indicated bias in favor of his or her friends?
  13. He can legally live anywhere his guardians say he can. He can even move in with you without the guardians' consent until the guardians tell him to come back. If he refuses to go back, the guardian will likely have to obtain a court order to force him back since law enforcement officers will be unlikely to get involved with a minor less that three months from attaining the age of majority. Will the guardians go to the trouble and expense of going to court? You know them better than we do. FWIW, you might want to keep an eye on your car keys.
  14. Well, it's a truism that anybody can sue anybody else for just about anything, but a suit for retroactive child support for an adult "child" when there has never been a support action filed while the child was a minor, will have no standing and will be dismissed. There may be any number of social and/or moral implications associated with establishment of paternity for an adult, but the only legal implication I can think of is the right to inherit in case the parent (or the child, if the child has no heirs) dies intestate -- that is, without a will. If you are asking whether the parent or child can be obligated to provide physical, moral or financial assistance, such as by helping with medical problems or educational assistance or by discharging debts, the answer is no, absent a valid contract which establishes that obligation independently. Consult local counsel.
  15. The court will not allow him to have anything at all, unless he can first establish his paternity to the court's satisfaction. Simply signing an acknowledgement of paternity at this point is likely not sufficient. In fact, how do you know yourself he's the biological father? You have already made one mistake in identifying the father, so there must be some doubt. Even if he's willing to sign the AOP, you should ask the court for a DNA test to be absolutely sure. The court may or may not accept the home DNA test you already took. Assuming his paternity is established, the extent to which he's awarded visitation depends on a number of facts. Since you became pregnant only last year, the child must be less than a year old, perhaps much less. Is your son breastfeeding? In any case, the court will likely be reluctant to allow overnight visits over your objection while he is less than 24 months old. Furthermore the court will not permit unsupervised visits if they are to take place in an environment that is hazardous or unhealthy for the child. He will be required to take reasonable steps to ensure the child is transported and kept in relative safety and security. He need not have a car but if he is to transport the child he must provide a save vehicle with an approved car seat. Similarly, if the child is to be in his (unfinished) house it must be reasonably free of safety hazards. That is, plywood floors and bare drywall are probably okay, but exposed wiring and tools and building materials lying about are not. He will certainly be required to provide whatever is necessary to ensure the child's safety and well-being himself, unless you are willing to provide it for him. If he is unable or unwilling to do so, unsupervised visits are off the table. To get the best idea of what you are facing and what the court is likely to permit or require, you should speak to a local family law attorney.