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What do I need to charge my ex with 'Contempt Of Court' for denying me visitation?
The specifics of what constitutes 'Contempt Of Court' vary slightly from State to State, but generally speaking, in order to find that a civil contempt has occurred, it must be determined that:
The specifics of what constitutes 'Contempt Of Court' vary slightly from State to State, but generally speaking, in order to find that a civil contempt has occurred, it must be determined that:
- a lawful order of the court was in effect;
- the order clearly expressed an unequivocal mandate;
- the party against whom the contempt is sought had knowledge of the order (although the order need not be served upon the party);
- there is proof as to a "reasonable certainty" that the order was disobeyed; and
- the rights of a party to the litigation were prejudiced, i.e. that the accused "defeated, impaired, impeded, or prejudiced" the petitioner's rights or remedies.
My ex-girlfriend is pregnant with my child. Since our breakup, she will not return my calls, or give me any information regarding the pregnancy. Do I have a legal right to attend the medical visits?
Generally, no, you will not have this right, legally or otherwise. She doesn't have to tell you when or where the appointments are, nor does she have to disclose the results of any tests or lab work. Your best bet will be to get an attorney and establish paternity as soon as you can.
Generally, no, you will not have this right, legally or otherwise. She doesn't have to tell you when or where the appointments are, nor does she have to disclose the results of any tests or lab work. Your best bet will be to get an attorney and establish paternity as soon as you can.
What is the difference between custody and legal guardianship? What rights do I have if I have legal guardianship?
In most States "guardianship" is essentially equivalent to "custody"; the custodian/guardian makes decisions about and for the child, is responsible for the child, can authorize medical treatment, etc etc. Sometimes guardianship is given to a non-relative whereas custody is given to a biological parent.
In most States "guardianship" is essentially equivalent to "custody"; the custodian/guardian makes decisions about and for the child, is responsible for the child, can authorize medical treatment, etc etc. Sometimes guardianship is given to a non-relative whereas custody is given to a biological parent.
Although there are some minor differences, "guardianship" generally means the same thing as custody: a package which includes all the rights, duties and responsibilities of a parent.
There are minor exceptions and variations here and there- in some States "custody" may not include authority over the child's estate (i.e. their property) whereas unqualified "guardianship" does. Because in the US each State formulates its own laws, this kind of thing can vary depending upon the State the child resides in.
My spouse and I purchased a house recently; now we're divorcing. She wants to stay in the house; I want my name off, but what if she CAN'T get it refinanced in her name? Can I sell it even if she doesn't want to?
It depends on several factors, including what (if anything) is stated in the separation agreement. You may be able to get the judge to order that the home be sold and that your name be removed from the title. Be aware that creditors do not have to abide by or recognize a judge's orders- in other words, they may still be able to hold you financially responsible for debts that occurred during the marriage.
It depends on several factors, including what (if anything) is stated in the separation agreement. You may be able to get the judge to order that the home be sold and that your name be removed from the title. Be aware that creditors do not have to abide by or recognize a judge's orders- in other words, they may still be able to hold you financially responsible for debts that occurred during the marriage.
How long can a parent go without contact with a child before their rights are relinquished?
This varies with the particular circumstances, but many courts use a one-year time period as a lower limit.
This varies with the particular circumstances, but many courts use a one-year time period as a lower limit.