Louisiana Child Custody Legal Questions

Child support is not dischargeable in Bankruptcy. He may however try to lower his child support payments in Circuit Court but first he has to prove a financial change of circumstances. You may need a lawyer. If he quits paying child support you should take him back to court on Contempt Charges.... Read More

In North Carolina, if you waited around for 10 years before taking any action - you may have a tough time getting custody and in fact, you may have likely subjected yourself to having your parental rights terminated. If you mean she recently started denying visitation after 10 years without problems, then all things being equal your odds are greatly improved. Regardless you will need an attorney, so consult with one ASAP.... Read More

In Nebraska, as in most other states, you need to have a court order to change a child's name and you will be required to publish that. Since paternity has not been established, you may be able to argue that the biological father does not need to be notified as he has no legal rights. This is one of the few legal actions that is very simple and straightforward. You can use the pro se forms for changing a minor's name available from the Nebraska Supreme Court web site.... Read More

In Louisiana, one cannot "sign over" his parental rights, unless it in a proceeding filed by the state to terminate his parental rights or in an adoption proceeding. He can voluntarily give you sole custody of the child, but he would still have parental rights. For instance, he could sign to allow your husband to adopt your child. I handle adoptions throughout Louisiana.... Read More

It doesn't sound like you have a case yet. The phoning everyday is his attempt to maintain contact. You are actually the "bad" person her by not letting him have it. It doesn't sound like you have a custody order in place yet. Without it, he has as much right to have custody of your child that you do. I think your best bet is to file a petition for custody and child support. Somewhere down the line if you have a new person in your life who marries you, you would have a better shot at terminating his parental rights. Having said all that, when you talk with a local attorney about the custody order, ask about termination. There may be a fact that you have not mentioned that might weigh in its favor.... Read More

She could agree to the adoption and sign an affidavit. That would get her out of paying child support. If she is unwilling you could terminate her rights based on non payment of child support for a whole year, or on her failure to complete a drug rehab program if she was ever ordered to complete such a program. There are other grounds such as endangering the children.... Read More

You must ask the court to terminate his rights. Does he maintain contact with them? Does he get any time or visitation with them? If yes, you will probably not be allowed to have your husband adopt them, unless bio dad agrees to have his rights terminated. You need to talk with an attorney about the issue.... Read More

In order for your husband to adopt them, you must obtain the father's consent. If he refuses to sign a consent, then you and your husband can file a Petition for Adoption and serve the father. At trial, the father will have to prove that he has provided child support within the last 6 months or has communicated or visited with the children within the last 6 months. If he cannot prove such, the adoption would be granted.... Read More

I suggest you consult with one of the many family law attorneys who provide free, or inexpensive, consultations to discuss your matter. In Arizona there is a self service center at most superior court facilities, and forms and instructions are also available online. Here is a link to the Maricopa County self service page online: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/index.asp Here you can find forms and instructions that you can use for a filing with the court. From your question it appears that you may need to file a paternity action. Read and follow the instructions to help you fill out the forms. Also remember that anything you file with the court should include a statement that you have sent a copy to the opposing party.... Read More

My condolences. You are going to have to apply for legal custody, probably in Dependency Court. Does or will your father provide financial support? If not he should and Family Court can order it unless the custody of the children is given to your father, which is possible. You probably need to work the Department of Social Services (CPS). Social Services was created to help in situations like this. Don't be surprised if CPS talks about placing your sister and brother in foster care. It has happened in the past Do you live in a large or a small county? It seems each county has its own policies regarding care and custody of minor children and those with disabilities. What you're thinking of is a major obligation. Are you going to continue living with your mother's family? That may help keep the kids with you. CPS may agree with that because you have a support mechanism built in and it would be in the best interest of the children.... Read More