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Ted_from_Texas

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  1. Upvote
    Ted_from_Texas got a reaction from dbrncs811 in Sneaky grandmother and guardianship   
    No one can "just go down to family court one afternoon and steal a child."  And even if she could, she couldn't do it without your knowledge.  You would have been served with a copy of her petition or complaint and given instructions what to do about it.  Nor can she legally deny you access to your place of residence without a proper eviction, even if she is your mother and she owns the house.  She's blowing smoke and she will get away with it as long as you let her.  The police cannot help you.  They only enforce the law.  They can't interpret the law or give legal advice.  Without a court order to enforce they are powerless.
     
    It seems you're living under your mother's thumb, possibly because of your perception of financial dependence.  If you want your son you're going to have to grow a spine, call her bluff and get your son -- and you -- out of there ASAP.  You can start by demanding to see this so-called guardianship order and restraining order.  I'll lay odds she can't produce either one, but if she does, read them carefully.  If they're not signed by a judge and file-stamped by the court clerk, they're not worth the paper they're printed on.
     
    If you need encouragement, a local family law attorney can explain in detail your rights and possible options under your particular circumstances and your unidentified state's laws.
  2. Upvote
    Ted_from_Texas got a reaction from Wromos in Lack of follow through on IEP Accommodations   
    Hard to tell what kind of help you're looking for, because the issues you discuss are academic rather than legal in nature.  As near as I can make out, you want to graduate with your class but cannot because you are a half-credit short of the requirement for graduation.  Your options appear to be either to make up the half-credit, which would be a matter to settle between you and your teacher, or to have the requirement waived, which you'd have to take up with the school administration.  Neither course appears to be amenable to legal action.  Even if you hold that the school has been incompetent and/or negligent in providing for the special needs specified in your program resulting in the credit loss, I'm pretty sure you or your parents would have to go through a lengthy arbitration process with the school district before the law could be invoked, by which time graduation would be over anyway.  There is another regular participant in this forum who has a background in education matters, and hopefully he or she can give you more or better information.
     
    A third option is of course to stay in school another semester to make up the credit shortfall, then graduate at the end of this summer or fall.  I know that's not what you want but you'd not be the first or the last student to have to do it.  It's unfortunate but there it is.  I'm sorry.
  3. Upvote
    Ted_from_Texas got a reaction from FormerLegalSecy in Assissted Living Facility   
    Tell your Mom that when food spoils it releases pathogens (bacteria, molds, toxins, and other whatnot) into the air around it, contaminating everything inside the refrigerator, perishable or not, in ever-increasing concentrations until it's cleaned out.  At room temperature or warmer, the inside of the fridge becomes a virtual Petri dish of nasty.  Even meds that are hermetically sealed (such as pills in individual foil packets) would have to be thoroughly decontaminated before they could be safely opened and consumed.  The elderly, and folks not in the peak of health to begin with, are particularly vulnerable to diseases these pathogens may carry.  The staff, whether she realizes it or not, did her a big favor and may even have saved her life.
  4. Upvote
    Ted_from_Texas got a reaction from nativematt17 in Child support   
    Your syntax is somewhat garbled but as near as I can make out, when your half-brother was 18 his dad owed your mother nearly $20,000 in child support arrears.  Then sometime in the next three years the court lowered the arrears from $20,000 to "very little".  Who sought this reduction, and on what grounds?  Did your mother agree to the reduction?
     
    If in fact a court order was issued reducing the arrears (unusual but not unheard of) then your mother cannot collect on the "old" arrears.  She is owed whatever the court order says she is owed.  If the father passed away before even this new amount was paid, then it is still owed to her by the father's estate, but only until the estate is probated and closed.  Your mother needs to file a claim on the estate ASAP if she hasn't done so already, assuming the estate is still in probate.  Her claim for child support arrears should be given priority over the other debts owed by the estate.
     
    If the amount she is owed exceeds the value of the estate, she can only collect up to the value of the estate.  I'm not aware of any legal mechanism by which she can collect from a source other than the estate.  Consult local counsel.
  5. Upvote
    Ted_from_Texas got a reaction from Patruvk7 in Can I get custody of my children because my wife tried to commit suicide at least four times?   
    So, your wife attempted suicide by overdosing on painkillers and your response was to record her talking about it?  You argued with her but didn't call the police, but you say nothing about calling 911.  Did you take her to the ER?  Are you doing anything to see that she gets the help and support she clearly needs?
     
    Whether your wife is so mentally unstable as to pose a risk to your children is a question for mental health professionals, not you, to decide.  Many forms of depression can be treated successfully with medication and therapy.  If you want to use your wife's mental health history to support your claim for primary custody in the divorce, you'll need to provide written and/or verbal testimony from her doctors and therapists who have treated her to back up your claim.  The court will not just take your word for it.  Your attorney is the best person to help you obtain the required evidence, and to organize and present your case.
  6. Upvote
    Ted_from_Texas got a reaction from jro2913 in Conflict with my childs school.   
    Your problem is not with the school.  It's not their job to make up for your ex's inability (or refusal) to communicate by duplicating notifications.  Your problem is with her.  If she is violating your custody order by withholding information concerning your child's schooling, you can take action to enforce the order in court.  If your custody order is silent or vague on the matter, you can petition the court for clarification.  Consult local counsel.
  7. Upvote
    Ted_from_Texas got a reaction from Scoey34 in Termination of non-custodial parental rights   
    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!
  8. Upvote
    Ted_from_Texas got a reaction from DSP15 in Termination of non-custodial parental rights   
    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!
  9. Upvote
    Ted_from_Texas got a reaction from paisley23 in How to get child full custody   
    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!
  10. Upvote
    Ted_from_Texas got a reaction from Newyorkjennybee in Pathological Narcissist   
    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!
  11. Upvote
    Ted_from_Texas got a reaction from pg1067 in Died in Texas intestate   
    Indeed.  Good catch.  I blame it on Alzheimer's, of course... 
  12. Upvote
    Ted_from_Texas got a reaction from HungryforKnowledge in Died in Texas intestate   
    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.
  13. Upvote
    Ted_from_Texas got a reaction from SPBlitz in Entitlement in divorce after getting married in the Caribbean   
    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.
  14. Upvote
    Ted_from_Texas got a reaction from atarbr in Child Support increase   
    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.
  15. Upvote
    Ted_from_Texas got a reaction from StrongAgain in 2003 Fort Mc Dermitt Tribal Court Divorce   
    This ain't my area of expertise, but here is my (possibly flawed) understanding.
    The Fort McDermitt Tribal Court is legitimate, but it's taken a lot of flak over the years for issuing orders outside its jurisdiction, which is the Fort McDermitt Indian Country. If either you or your spouse at the time of the divorce were residents of the reservation, or bona fide members of the tribe, you divorce should be valid. On the other hand, if neither of you were tribal members and got the divorce by mail because it was cheap and convenient, you could have cause for concern. If you want a definitive answer, a local (Nevada) family law attorney should be able to look over your divorce decree and advise you as to its validity.
  16. Upvote
    Ted_from_Texas got a reaction from juicer1988 in Non Custodial parents rights   
    If you don't know how much your ex makes, how do you know she makes a lot more than she did before?  Just askin'.
     
    If it's been more than three years since your last child support review, or if you have reason to believe her income has changed significantly, you are free to file an action to have your share of support reevaluated.  Both you and your ex will be required to produce detailed income statements for the court.  Your ex's spouse (and yours if you have one) might also be required to submit statements as well.  Their separate incomes will not affect the support payments but the court might want to see them in order to assure nobody is sheltering all or part of their spouse's income.
     
    Your ex's remarriage will not by itself affect child support unless it can be shown that they have a business or financial relationship as well as a marital one.  (E.g., are they business partners?  Does one employ the other?)  A local family law attorney can best advise you on the best way to proceed and the possible success of the action.
  17. Upvote
    Ted_from_Texas got a reaction from BamaNana in Can I win Annulment case?   
    While you don't come out and say so, I presume you're asking whether you can avoid a divorce action by seeking an annulment of your marriage based on fraud.  Unfortunately, I see no grounds for such an action based only on what you've posted in your message.  I'm sorry.
  18. Upvote
    Ted_from_Texas got a reaction from LawSeeker_5349 in Filing Contempt   
    The reason to file a contempt action is to force the other party to comply with the court order. Since your ex has (finally!) complied, filing now would achieve no useful purpose. What you can do is delay your own participation in the counseling until your surgery is complete and paid for. If your ex tries to file a contempt action against you for the further delay, you'll at least have a valid excuse, which presumably he did not. Consult local counsel.
  19. Upvote
    Ted_from_Texas got a reaction from bronzie26 in TWO STATE CUSTODY   
    You don't say but you imply that you and your ex are not and never were married.
    When a child is born out of wedlock, the mother is presumed to have sole legal and physical custody until there's a court order that says otherwise. The father has no enforceable parental rights whatsoever until he (or the mother) goes to court to establish his paternity and obtain a formal, enforceable custody and support order ("parenting plan") that specifies both parents' respective rights and obligations. Until then, you get to call all the shots regarding travel and visits, and he is not legally obligated to pay child support.
    The court with jurisdiction is in the state where the child resides with the mother.
    Not sure what you're trying to keep your daughter "safe" from.
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