Rhode Island Child Custody Legal Questions

In Arizona, and generally speaking in other states, by consenting to the adoption of the child by another person who assumes the responsibility of a parent to support a child. Merely terminating the parental rights of the biological parent does not eliminate the responsibility to pay for the support of the child.... Read Answer

Generally speaking in Arizona an order of adoption will end the responsibility of a biological parent to support the child. This may not impact past support due, depending on what orders may be in place. I suggest that you consult with a local and experienced adoption attorney to discuss this matter.... Read Answer

Generally speaking, if there are no custody or parenting time orders in place, and no action filed for dissolution, then there is no impediment to your moving. However, the state where the children have lived for the prior six months is the court which will have jurisdiction to determine custody and parenting time. What this means is that, absent some very special circumstances, the father could file a petition in his state, and you would have to respond in that court. What I suggest you do is to consult with an experienced family law attorney in your area to discuss these issues. With no orders in place I believe that the police would simply tell the father that there is nothing they can do, but seek local counsel's advice on this.... Read Answer

If you truly believe she may be a threat to your children you can petition the court for an order prohibiting from being in the presence of the children during his visitation. However, my experience has shown the courts usually require there to be an actual threat, not just a concern that something happen.... Read Answer

There are many factors that go into a child support calculation. If there is a change in circumstances your son must get an order modifying the prior support order, or he may be required to pay back support. Your son should be consulting with an experienced family law attorney to assist him with this issue.... Read Answer

The payment of child support is an obligation that is independent from the award of parent time. So, a parent who does not pay child support still has the right to visit, and a parent who does not exercise parent time still has an obligation to pay child support. You have the right to go back to court or to the appropriate state agency to enforce the child support obligation. You may be able to have a state agency collect the support obligation through what is called income withholding, directed to the employer of the obligor parent. The divorce court can hold the offending parent in contempt and can enter sanctions including jail time and an award of attorney's fees.... Read Answer

You should consult with an experienced termination/adoption attorney in your area to discuss your matter. Generally speaking, unless you can obtain a consent to the adoption by the biological father you will have to file a termination of parental rights action. If the biological father is not on the birth certificate then he might have to submit to a DNA test to confirm paternity. You can see why it is essential to speak with a local and experienced attorney to have your questions answered.... Read Answer

I am sorry to be so blunt, but there is no point sugar-coating it. Like it or not, what you need to do is kick the booze and the pills ASAP and stay sober, no excusesor your husband just might get what he's seeking. You don't build yourself up as a parent in the eyes of the court by tearing your husband down. You don't hide your flaws by exposing his. And yes, there are plenty of reasons to be concerned that your children could be taken from you by the State and placed in foster care if you both don't clean up and fast.... Read Answer

First, your husband screwed up by not paying through the state. The judge may or may not believe him about what he paid, more than likely not because there is no paper proof, except he should get her bank records to see if there were deposits that would have come from him. Second, he should ask for her to be held in contempt for not letting him see his child in accordance with the present child support order. Third, he should contact the police about her filing false applications for credit.... Read Answer

First question why does this question show up under California if it is an Arizona question.I think every state is same child support order remains in effect unless the parties put something I writing I would suggest a stipulation that support is reduced to zero effective whatever date you agree on and file it with the court... Read Answer