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Everything posted by Ted_from_Texas

  1. The wife is not a factor, at least as far as the law is concerned. She has no assertable parental rights regarding your child, nor do you have the right to keep her away -- assuming, of course, that she doesn't present a credible risk to the child's health or safety. The father will have the right of reasonable visitation as well as the obligation to pay child support, and if he wants her around during visits, there's little or nothing you can do about it. As the father's spouse, she may be ab;e to influence his parental decisions and the way he maintains his relationship to the child, but if allows that to happen, the problem is with him and not her. A local family law attorney can advise you how Texas laws apply to your particular situation, and your rights and possible options.
  2. I don't know all the facts or any of the context, but I'd hazard a guess that your ex has a case on the strength of the clause in the custody order regarding deployment. The language used in the custody order is not necessarily the same language used by the Army, and the difference between "deployment" and "mobilization" may be open to interpretation by the court. From here, it looks like it could go either way. Attend your hearing and present your side as persuasively as you can, focusing on the relatively short distance and the advantage to the child of avoiding the upheaval of a change in custody. Of course your ex will cite the upheaval of your temporary relocation. A local family law attorney can help you frame your response most effectively. Good luck.!
  3. Unless your daughter lives in Alabama, Mississippi, Nebraska or the District of Columbia, she's now a legal adult and cannot be compelled to visit against her will. Whether you must continue paying child support, and if so how much and for how long, depends on the specific terms of your support order and the laws of the state where the support order was issued. Consult local counsel.
  4. I'm sorry, but until you are 18 (or even older in a few states) your mother is the boss and she has the legal right to keep your boyfriend away from you. If he attempts to see you against her wishes, she can get a restraining order against him which the police will enforce. If you're still a minor when your baby is born, he can exercise his right to visit the child, but even then he may not be able to visit you.
  5. Until your daughter or her husband files for divorce or legal separation and obtains an interim custody order specifying where the kids must live, either parent has the legal right to take the kids anywhere he or she wants. In the absence of a court order, you cannot "abduct" your own child.
  6. What makes you think the case will be closed in Maryland? If your daughter's father makes a good faith effort to find you and fails, he can get permission from the court to serve you by publication (that is, by a notice in the newspaper) and proceed without you. If you aren't there to look out for your own interests a judgment can be entered in his favor, and the Maryland court will retain jurisdiction so that you'll be unable to do anything in a Florida court. \r\nUnder the circumstances you describe, your best bet is probably to make yourself available for service and show up for your hearing in Maryland so that at least you can tell your side of the story. Consult local counsel.
  7. If there was an existing court order for child support and your ex didn't pay it, he still owes you the unpaid amount. If there was no existing support order, it's too late to get one now that your child has aged out.
  8. He can say whatever he wants. His motivation is irrelevant. He can seek a divorce on no-fault grounds for any reason or no reason at all. If he is seeking a fault-based divorce (say, by accusing you of adultery) then he would need to present convincing evidence to the court that his allegations are true, which should be fairly easy to rebut if he's lying. Ignore them, and tell your daughter to do the same. Neither you nor she is required to read or even open emails or text messages from these people, or listen to their voice messages. Screen their calls and messages, and delete them or erase them unopened. Depending on your state, you might be able to request the court to order a period of marital counseling before granting a divorce, but counseling will only work if both parties cooperate. If your husband doesn't want counseling to work, it might be better not to prolong the agony. If he wants the divorce he will get it eventually. I can't imagine you getting into trouble for "stalking" your own husband, by why bother? Whether he's having an affair or not is irrelevant in the matter of the divorce. If you want to satisfy your curiosity, I suggest you enlist the services of a local private investigator.
  9. I take all questions seriously. Your original message didn't say anything about child abuse or neglect, only that the mother may have a drinking problem, which by itself doesn't necessarily constitute a danger to the child. Whether the behavior you now describe rises to the level of abuse I can't say, and both your messages are surprisingly silent about the child's father's (your brother's?) place in all this. Is he alive? If so, where is he? It's his job, not yours, to look out for the interests of his son. In any case, if you have reason to believe your nephew is being subjected to physical or emotional abuse or neglect while in his mother's care, you should contact Child Protective Services (or the equivalent authority) in the county where the child resides and talk to a caseworker. You and your siblings cannot intervene, but CPS can. They can investigate the situation and if necessary remove the child to safe, secure foster care pending resolution of the mother's problems. You can't legally do anything on your own. Be sure to tell the caseworker you (or another family member, as the case may be) are prepared to care for the child in case of removal. Whether you can be approved as the foster caregiver depends on the circumstances of the case and CPS policies and procedures, but in general CPS prefers relative placements to placements with strangers. Of course if the father is available and not deemed unfit, his right to care for the child trumps everyone else's. I hope this answers your questions.
  10. All three kids are already emancipated by operation of law. That happened when they turned 18. I assume you are using the term "emancipated" to denote whether you (or your ex if you are the custodial parent) are still obligated to pay child support after they move out. The answer depends on the specific wording of the child support order, and whether either parent will still be providing funds to augment their income -- individually or collectively -- while in this arrangement. Consult local counsel.
  11. Probably, but his support payment would be much smaller than if he had the higher income. Each state has its own child support guidelines based on a number of factors, but the main factors are the parents' respective incomes and the amount of time the child spends with each parent. Note that if the noncustodial parent is unemployed or underemployed, the court can impute an income equal to what he is capable of earning, so it would not be productive to to deliberately reduce his income to avoid child support. Consult local counsel.
  12. Your son's ex's lifestyle is not technically any of your (or your son's) business. A succession of spouses and/or partners is not evidence in and of itself of instability. Your son has the right to attempt to get sole custody, but unless he has other grounds than you mention in your message, I doubt that he'll be successful. Since presumably your son's ex's move was within the state of Mississippi, it would not be necessary for her to notify your son in advance, unless her custody order says otherwise.
  13. Ted_from_Texas

    last name

    You have the right to go to court to establish your legal paternity, obtain reasonable visitation with the child, and set up a program to pay child support to the child's mother in accordance with your state's laws and guidelines. You do not have the right to tell the mother what to name the child. A local family law attorney can tell you exactly where you stand and all your and your ex's respective rights and responsibilities. You should consult one as soon as possible.
  14. Yeah, there was an old law that allowed it, but not any more. Only a few states still allow actions for alienation of affection, and Florida is not one of them.
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