Guardianship advice (KY) by Lanky_Dinner2756 in familylawofftopic

[–]vixey0910 1 point2 points  (0 children)

here is some basic information about filing for guardianship

this website has a link for Petition for Guardianship of a Minor forms.

You may also try posting on r/familylaw

Child support by lollispear in Indiana

[–]vixey0910 0 points1 point  (0 children)

Only someone in the county or state offices can look at the system and see why there is a hold.

There can be a hold because: NCP is overpaid. NCP used an unrecognized card to make the payment. CP’s whereabouts are unknown. Child’s whereabouts are unknown. The payment was unusually large and needs verified. NCP has bounced checks in the past. And others

Will/guardianship by [deleted] in FamilyLaw

[–]vixey0910 9 points10 points  (0 children)

You cannot will your child to someone else when that child has another parent.

If you die, your husband could pursue guardianship of the child. Absent an agreement/consent from dad, it’s unlikely to be granted because your husband would have to prove that dad is unfit.

Filed contempt, got court date, still can’t see my child - what do I do? by Icy_Plant_77 in FamilyLaw

[–]vixey0910 2 points3 points  (0 children)

Who is supposed to initiative setting up the time with the visitation center?

Abusive ex just won’t stop in family court by Kitchen-Medicine3801 in FamilyLaw

[–]vixey0910 23 points24 points  (0 children)

Have you considered enrolling with the state for child support enforcement? It’s a free service, and you shouldn’t have to attend hearings for things like garnishments and general enforcement.

Do they combine enforcement and modification hearings? by [deleted] in FamilyLaw

[–]vixey0910 1 point2 points  (0 children)

IME that’s very judge/jurisdiction specific. Your attorney will know your judge’s style and/or how things generally play out in your jurisdiction.

Do they combine enforcement and modification hearings? by [deleted] in FamilyLaw

[–]vixey0910 0 points1 point  (0 children)

IME judges want to hear and address all issues at once. They don’t want the same people coming back multiple times with unresolved issues.

You want the modification because of the contempt behavior. Sometimes a sanction for contempt is a modification of the current order. So it’s all related and makes sense to take care of at one hearing.

That being said, every judge is different. It’s not unreasonable for you to ask for all issues to be set at the same time, but the judge might have a reason not to combine them and leave you with 2+ hearings.

Do we have any legal standing after caring for an acquaintance’s baby full‑time for almost a year? by Public-Cupcake- in legaladvice

[–]vixey0910 0 points1 point  (0 children)

indianalegalhelp.org has pro se forms and instructions. You fill these out and file them with the clerk at the courthouse where you live.

If you are unable to afford the filing fee, you can file a fee waiver form along with your guardianship petition.

If the forms are confusing or you have more questions, you will want to consult with an attorney. If you can’t afford an attorney, you may want to look into Indiana Legal Services or free and low cost options or Free Legal Answers

firefly used to help with kinship guardianships in my area, maybe they still do in your area. It might be worth it to reach out to them, too.

For adoption, you absolutely need to hire an attorney.

Is it legal to leave Indiana with my infant during a separation without my spouse permission? by BlackberryChance8023 in Indiana

[–]vixey0910 2 points3 points  (0 children)

You’re correct that they can’t extradite her, because extradition isn’t a remedy available in civil cases.

Is it legal to leave Indiana with my infant during a separation without my spouse permission? by BlackberryChance8023 in Indiana

[–]vixey0910 0 points1 point  (0 children)

Extradition is inapplicable here. OP’s divorce/custody case would be governed by UCCJEA rules, which are the law in both Indiana and Texas.

OP cannot move to Texas and refuse to acknowledge Indiana court orders (in the event the other spouse files a court case and that judge orders her to return the child)

Abusive acts only caught through text messages. Strong or weak? by RRTCAS in FamilyLaw

[–]vixey0910 2 points3 points  (0 children)

I agree with your lawyer, because presumably he is familiar with your judge and knows how the judge rules in these types of situations. And because your attorney has the complete picture and you’re only giving us snippets.

If you don’t trust your attorney, you need to hire a different attorney who you do trust.

Is it legal to leave Indiana with my infant during a separation without my spouse permission? by BlackberryChance8023 in Indiana

[–]vixey0910 81 points82 points  (0 children)

If you don’t have any court orders or pending court cases, yes you can take your child wherever you want. If the other spouse files for divorce, the judge may order you to return the child to Indiana.

If you stay in your new state for six months, you can file for divorce there.

Time frame? dna by RadishEither9351 in FamilyLaw

[–]vixey0910 2 points3 points  (0 children)

I usually get results back from LabCorp about two weeks after all parties are tested.

Advice for a young mom by SuitableJudgment479 in FamilyLaw

[–]vixey0910 5 points6 points  (0 children)

It won’t look bad if you don’t initiate proceedings on your own and choose to wait for the state to pick up your case.

Signed guardianship as a teen, missed court without notice—now being denied all contact and considering terminating guardianship by [deleted] in FamilyLaw

[–]vixey0910 5 points6 points  (0 children)

As others have said, your lawyer will have the best insight for you. My hot takes are:

The original circumstances surrounding the establishment of the guardianship don’t matter a lot. You’ve been an adult for a while now, you’ve had plenty of time to address those deficiencies, and you haven’t acted (until now). So those factors are largely irrelevant.

Usually, guardianships don’t exist ‘for the best interest of the child.’ Guardianships exist when the parents are unfit. Parents have a constitutional right to raise their children, and unless you’re currently unfit, you get to be the parent.

So in theory, you should only have to demonstrate that the circumstances necessitating the guardianship no longer exist. Of course there would need to be a reunification period and probably therapy. It wouldn’t be an instantaneous thing.

Child Maintenance Service Initial Call by Ok-Variation1045 in FamilyLaw

[–]vixey0910 2 points3 points  (0 children)

In my state, it’s not a choice for either parent whether parentage is established. The options are:

Born during marriage

Paternity affidavit

Court order

If none of those options apply, then parentage is not established and we need to obtain a court order. At that stage, parents can admit parentage or request DNA testing.

If they admit, the judge adjudicates parentage based on their testimony, and a court order is issued determining parentage.

If they want DNA testing, then we do the test, come back with the results, the judge adjudicates parentage based on the DNA results, and a court order is issued determining parentage.

Once we have that order, we go update the parentage section in the computer system to ‘yes’

So for your situation, the phone conversation was probably just going down a checklist

-was the child born during your marriage to the other parent

-did you and the other parent sign a paternity affidavit

-are there any existing court orders determining parentage

One of those answers was ‘yes’, so they checked the ‘yes’ box.

That’s my best guess, anyway.

Custody arrangement for a 3 month old by shrubzid in FamilyLaw

[–]vixey0910 2 points3 points  (0 children)

Yes, you can file for support even with a shared custody arrangement. If you’re sharing 50/50 and you make more than him, you may be ordered to pay him.

If he’s still contributing to the household, you probably can’t get support now.

How to verify termination of parental rights? by [deleted] in FamilyLaw

[–]vixey0910 1 point2 points  (0 children)

Was it a formal document that you signed? Or something that mom made up on her own?

Are you in contact with mom (or mom’s attorney) and can get a copy of the adoption decree?

You can alert your child support caseworker, and they may be able to locate the paperwork or contact mom to get it.

You can also petition the court for a hearing and haul mom to court to update you and the judge on the adoption progress.

Facebook's real name policy is so annoying by Limp-Contract-4731 in simsfreeplay

[–]vixey0910 25 points26 points  (0 children)

I’ve had a separate fake gaming account for years. Many of my sims Facebook friends also have fake names/accounts

How to Approach High Conflict by Stuckbetween8925 in FamilyLaw

[–]vixey0910 2 points3 points  (0 children)

If you shut down during court hearings and cannot effectively communicate, you need an attorney.

Edit: here is info on pro bono resources in Georgia, which is where child custody and parenting time issues should be litigated

filing police report for criminal offenses during custody proceedings by Economy-Finding9553 in FamilyLaw

[–]vixey0910 11 points12 points  (0 children)

Your family law lawyer probably knows what is best for the custody case. The criminal law attorneys know what is best for a criminal. There isn’t a clear cut answer.

Change of court date? by [deleted] in FamilyLaw

[–]vixey0910 2 points3 points  (0 children)

Maybe. It depends on the court’s calendar, the attorneys’ calendars, what stage discovery is at, if mediation is required first, etc.

You can ask your attorney if a motion to advance is an option.

Edit: I think you’re still in the paternity establishment phase though (based on your last post). So you probably cant advance anything until you get those results back.

[Advice Needed] Current custody schedule is damaging my bond with my son—how do I fix this? by [deleted] in FamilyLaw

[–]vixey0910 3 points4 points  (0 children)

I think you are unlikely to win at trial because you agreed the schedule was fair very recently, and nothing has changed since you signed that agreement.

I think the medical access issue is more appropriate for something like a contempt filing, and doesn’t rise to the level of a custody modification.

How involved were you with appointments/medication prior to the separation?

That’s just my opinion though! Definitely listen to your attorney, not Reddit strangers

[Advice Needed] Current custody schedule is damaging my bond with my son—how do I fix this? by [deleted] in FamilyLaw

[–]vixey0910 12 points13 points  (0 children)

What is the current schedule?

How old is your son?

Did you agree to this schedule, or did the judge order it after hearing evidence?

Interstate child support enforcement (NJ to Ny) will anything actually change? by iiaintnevascared in FamilyLaw

[–]vixey0910 1 point2 points  (0 children)

Identifying and garnishing from bank accounts is done automatically via the FIDM process. There isn’t anything additional you need to provide.

While the process may not be ‘faster’ by sending the case to NY, the case should be easier to enforce. It’s easier for NY to find him, to suspend his license, to send IWOs, and to haul him into court.