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Ted_from_Texas

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Everything posted by Ted_from_Texas

  1. What makes you think your mother has any jurisdiction (by which I assume you mean control) over you now?
  2. Have you discussed this with your ex? If so, what did he have to say? If not, why not?
  3. Don't believe everything you see on the Internet, but believe this: In every state in the US, in matters of custody, child support, and parental rights, the court's paramount consideration is the best interest of the child. In the eyes of the law, it's considered in the child's interest to have two parents. For this reason the courts require a compelling reason to terminate one's parental rights and obligations, and will do so only under highly unusual circumstances. The two circumstances that come ready to mind are first, that another person is willing to step forward and assume all parental rights and responsibilities in place of the biological parent in a valid adoption procedure, and second, the biological parent, by his or her actions constitute a credible threat to the child's health and/or safety. You don't say anything about why your child's biological father's rights were terminated previously, or even how you know that statement to be true, so I can't comment on that. I can only say that based on the information you provide in your post, the odds of the court's granting termination of his rights and responsibilities with respect to your child, absent an adoption, are slim to none. As for his refusal (or inability) to pay child support owed to you, there are legal tools available to you to enforce collection. A local family law attorney can explain how New York's laws apply to your particular circumstances and help you get started with the process. Good luck!
  4. Does the divorce decree say secondary school, or college? Just so you know, "secondary school" is generally taken to mean high school (primary school is elementary and middle school) and college and trade school are usually referred to as "post-secondary". With that in mind, read your support order again, and look for specific references to those terms and their definitions. If the order is unclear to you, a local family law attorney can help you sort it out.
  5. Who told you this? Matters of custody and child support are always subject to modification, given changes in circumstances and in the light of the best interest of the child. Whether anyone purchases a trial transcript is irrelevant. While it's true that once custody is established the courts are reluctant to change it absent a significant change in circumstances, there's nothing in your post that suggests such a change doesn't exist. If he hasn't already, your husband needs to consult a local family law attorney to learn how Louisiana laws and judicial guidelines apply to his case, and how best to proceed.
  6. Not sure what you mean by "full custody" which is a term with no legal significance I'm aware of. There is joint custody and sole custody, and physical custody and legal custody, but "full custody" doesn't describe any of those situations. In any case, I don't see any violation of the law here. The custodial parent is not obligated to keep the court up-to-date about what's going on in the household, or to volunteer information to the police that they didn't ask for. According to your message, they asked if someone was available to keep the child while the domestic situation is being resolved, and she named other family members. If the noncustodial parent wants a different outcome, he or she is free to petition the court for a modification of the custody order. Consult local counsel.
  7. And how does your husband propose to keep you from seeing your daughter? Absent very unusual circumstances, as a stay-at-home mother and hence presumably your child's primary caregiver, you would almost certainly be awarded physical custody, plus exclusive use of the marital residence pending outcome of the divorce. Your husband would likely be awarded liberal visitation rights plus the obligation to pay child support, and (again depending on circumstances) temporary spousal support as well. You need to STOP listening to your husband and his and your family members, and consult a local family law attorney ASAP. He or she can best advise you how Texas laws apply to your particular circumstances and help you get started. In your initial consultation, be sure to discuss the possibility of getting the court to have your husband pay your legal fees. Good luck!
  8. Whose name is on the deed is irrelevant. When you file for divorce, include in your petition a request for exclusive use of the marital residence. You can also get a restraining order, citing the previous incident(s) which are presumably described in police reports. It is not in your husband's power to refuse a divorce if you want one. A local family law attorney can advise you how Pennsylvania laws apply to your particular circumstances, and help you get the ball rolling. Good luck!
  9. Is your lawyer a family law attorney who specializes in adoptions? You don't say, but my guess is that s/he is not. While Texas law does not explicitly require adoptive parents to be married to each other, in actual practice it's pretty much given. No judge in my experience will approve such an adoption, particularly since the reason for remaining unmarried is simply that you are in "no hurry" to marry. That cavalier attitude does not speak well to your long-term commitment to a child who will depend on both of you far more than you will depend on each other.
  10. Yes, they should have. This is what's known in the business as a screw-up. Unfortunately it's not the sort of screw-up you can profit from by bringing a lawsuit. You were compelled by the court to submit to the testing in any case. The mistake has now been corrected, your signature is on file and you are right where you should have been on day 1. You can report the possible HIPPA violation to DHSS as was suggested above, after which it's up to them to discipline the errant employee or not as they see fit. You have no further recourse. I'm sorry.
  11. So, your real beef seems to be that the person serving you made a harmless and easily correctible mistake, and you were unable to profit thereby? Welcome to the United States, where we really understand greed. This is a tactic employed by Americans hundreds -- perhaps thousands -- of times per day in restaurants and department stores. In reality, the ploy is successful far less often than you may have been led to believe, although probably more often than it should. Maybe you'd have had better luck if you'd been flying with an American carrier rather than a Turkish one.
  12. Note that this is not a family law matter. It's a long way from Malaysia to California, and it's easy to believe your child was tired. Also easy to believe the flight attendant who served the wrong drink was tired, as well as the child's parent who failed to notice the difference in appearance between a glass of red wine and a glass of Coca-Cola. When you finally discovered the error and brought it to the attention of the flight attendant, what was the response? Did your daughter finally get her Coke, or did she suffer from thirst for the remainder of the trip? Were you charged for the wine? In order to prevail in your proposed lawsuit, you will have to produce convincing evidence that you or a member of your family suffered lasting physical, emotional or financial harm as a result of the incident you describe. Absent such evidence, the appropriate way to deal with the situation is to complain to the airline's management, which you have already done. It is now up to the airline to determine whether or not to discipline their employee, and what form the discipline should take.
  13. Indeed. Good catch. I blame it on Alzheimer's, of course...
  14. Look at it this way. In the eyes of the law, a puppy is not a person, it's an item of property, like a boat. Suppose your friend had a boat and she needed somewhere to put it while she looked for a new place. You offered to keep it for her while she looked. You took the boat out a few times with her permission, and you found you really, really like having a boat. You fixed a few things that needed fixing. You went down to the DMV and had it falsely registered in your name. Now your friend has found her place and wants her boat. How do you justify not giving it back to her? Nobody knows the future. It took your friend longer than she thought it would to find a place. Maybe this was her fault, or maybe it was due to circumstances beyond her control. Either way, it does not confer title of her property on you. You can return it, or she can take you to court and get it back with costs and possible damages. Why do this the hard way? Give her her puppy, then go out and get your own.
  15. If your aunt was married to your father at the time of his death (you never said she was, and you could have other aunts besides your father's wife) she is his next of kin and the court should have no problem appointing her as administrator of her husband's estate, in accordance with Texas' laws of intestate succession. She needs to immediately stop listening to whoever is filling her head with misinformation and consult with a local probate attorney ASAP.
  16. Case law research is tedious, time-consuming and expensive, and to have any relevance whatsoever, must be conducted with a full knowledge of the facts of the case for which the research is being conducted. Would you care to elaborate on why you think this particular "emotional disorder" (whatever that is) would warrant a change in visitation?
  17. Your rights are exactly the same as any other legally married person. It is not, nor was it ever, necessary for you to file any "paperwork" in order to "register" (whatever that means) your marriage in Florida or any other state. To prove up your marriage, you need only produce your original marriage certificate, or a certified copy. Perhaps you're referring to the common and prudent practice of recording your marriage certificate, which simply means you take it to the courthouse where they can make a copy to keep in the county's records, Then, if anything happens to the original in your possession, you can go back to the courthouse to get a certified copy of their copy, which has the same legal force as the original. I hope this clears things up a bit.
  18. Kids can sleep anywhere and with whomever their parent says they can. If Mom says it's okay, it's okay. Think about it: if the kids were going camping with the Scouts, what would their sleeping arrangements be like? No bedroom, or bed, or even a mattress is required. As long as they are provided with a modicum of privacy for bathing and changing clothes, the law will not get involved. As for the basement, fire and safety regulations are governed by local ordinances, not family law. I'm sure that if it's legal for one child to sleep down there, it's legal for two. As for occupancy restrictions, that's also a matter of local ordinance, but I'm not aware of any municipality in the US that considers six people in a two-bedroom apartment "a lot".
  19. Help with what? I'm curious as to why you care what your ex does, now that you're divorced. Would you care to elaborate?
  20. Not sure what "rights" you're talking about. There are no intrinsic rights accruing to any grandparents simply by virtue of their relationship to the child. If you're talking about privacy or due process rights, such as whether you can be compelled to take a drug test, all I can say is that CPS has broad authority delegated by the state to act in the interests of the child, which includes thorough investigation of the child's environment, which in turn includes members of the child's household and others who have frequent contact with the child. You may of course refuse to submit to testing, to answer questions or even to allow caseworkers into your home, but bear in mind that such uncooperative behavior can be construed as harmful to the child and could lead to removal of the child from your home and placed in foster care. With CPS, it's always better to cooperate if you have nothing to hide.
  21. We certainly don't know all the facts, and no one c an predict what a judge will rule anyway, but I fail to see how the court, or you or anyone else could consider a $0.50 increase in wages (less than 3 percent based on the numbers you give us) as a significant change in circumstances, especially only less than a year after the previous evaluation. Certainly not significant enough that would by itself justify a 50 percent increase in support. I suggest you take a deep breath and talk this over with your attorney.
  22. You seem to have the cart before the horse. No court will terminate your daughter's father's parental rights except as part of a formal adoption proceeding. Therefore, you and your husband need to file for adoption, and the termination of parental rights will take place as part of that procedure. In that context, parental rights for the biological father will not even be on the table. The adoption process is tricky even under the best circumstances, and not a good do-it-yourself project. You and your husband need to consult a local family law attorney who specializes in stepparent adoptions to learn how Kentucky laws apply in your particular case and to get the ball rolling. We have no way of knowing how complicated this will be for you. There may need to be a formal determination of paternity if that's not happened already. It's also impossible to say whether bio-Dad will assert his right to oppose the adoption, though the fact that he hasn't provided support or even seen your daughter since she was about six months old is encouraging. Your attorney will have the answers to all your questions. Good luck!
  23. If you were married to your husband at the time of his death, you should not need an attorney to obtain his death certificate. You need to contact the Pennsylvania Department of Health and make a request in writing. You may need to provide proof of your marriage, which you say you have. Here's a link that will hopefully get you started: http://www.health.pa.gov/MyRecords/Certificates/Pages/11596.aspx#.WIySTeLnb4Y Hope this helps.
  24. In the interest of the children she should, but she is only legally obligated to do so if she collects, or intends to collect, state aid for herself and/or the kids.
  25. You keep referring to your son as "my" child, but you are married. Is your husband not the father of the child? Never mind, my answer is the same either way. You have full custodial rights to your child until there's a court order that says otherwise. Any permission slip you signed enabling the grandparents to care for the child temporarily does not constitute a waiver of those rights, nor does the absence of permanent housing. You may care for your child in public housing, in a homeless shelter, or in a tent. If you want your child back, go to Missouri and get him. How you deal with your husband is up to you. Good luck!
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