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Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> termination
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Posted by Dads Divorce in WA , Visitation , termination , rights , paternity , Parenting , parental , motions , custody , custody , Ask A Lawyer
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Question: I am not married but have been in a serious relationship for 3 years. We have a 17 month old daughter. My girlfriend has had a another relationship for the last 6 months she has been with me. She is now trying to be with me once again. All I am interested in is making sure she cannot bring our daughter into something like this again, which she had brought our daughter into these relationships before, and even used her to get the attention of these other guys. I got her to agree to Voluntary Termination of her parental rights. How do I go about taking care of this? I want to jump on the ball before she changes her mind. With this I can still give our family another chance but not have to worry about her making the same decisions and taking out daughter away from me in the process. Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Washington. At this point, you are not the legal father under any Court Order, based upon the information you have provided. With that assumption, I would say that you need to file for Paternity and Custody. Within that action ask that her rights be terminated. Each jurisdiction has very different rules regarding how to terminate parental rights, so I suggest you speak to an attorney immediately.
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Posted by Dads Divorce in termination , motion , Maintenance , income , IN , expenses , emancipation , college , Children , Child Support , Ask A Lawyer
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Question: My daughters are both 18 years old and do not benefit from their support since it goes to their mother who is neglectful to use it for them. In the state of Ohio, where they reside, the age of emancipation age is 18. Here, in Indiana, where our case is, the age is 21. Their mother is willing to discontinue the support check going to her, but if I have it redirected to the colleges that my daughters attend, there is the possiblity that the court will require both me and their mother to contribute to their college education and it will be put into an order. Mom has little income and a huge debt and therefore cannot contribute to college. I am have been paying their auto insurance and for their vehicles as well as my own and my wife's daughter's. I don't have money beyond the support that I already contribute. My question is this: Can my daughters sign a document that requests emancipation so that the support can be discontinued by the court as of the 18th birthday of my youngest daughter? This way, their mother doesn't use the money for her own purposes and I can send it to my daughter's respective colleges myself. Answer: I cannot answer your question specifically to the laws of Ohio or Indiana as I am not licensed to practice law in that State. If Ohio emancipates children at 18, then they should be emancipated at 18 regardless of mom's request to continue support to college. However certain states, like Missouri will order college costs be paid and college until the age of 22. You need to speak to an attorney and verify the situation. If it truly is 18, then you can file an Affidavit to Terminate the Support upon the 18th birthday. Good luck.
Question: My son was employed for 13 months was not enrolled in college and was 18 years old. I had been paying child support during this time. I want to reclaim the overpayment. The judge told be that I had to formally emancipate him through the court. My divorce papers state that if he is employed and not in school he is emancipated. Are the terms in the divorce papers conditions, and if met are legally binding or did I really have to have him emancipated. He is now enrolled in school. I must appear on July 3 and I would like to know if I have grounds to reclaim the money even if he was not emancipated in the court system. Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New York. In the jurisdiction where I practice, any overpayment prior to the Court ordering the child emancipated, is not reimbursable. You certainly can request a refund of overpayment from the Judge. The worst that will come from that is that the Judge will say he can not refund the monies.
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