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Can i get custody of my child without the father knowing? law answers (488528)

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Q: 

I gave revocable guardianship to my mom when I moved out of state so the kids could finish that school year and I started my new job. Now that I have petitioned to revoke guardianship, she is suing me for custody. I am so far and not sure how to handle this

A:  There are at least two Arizona statutes that will potentially affect your situation:  A.R.S. § 25-409 and A.R.S. § 25-415.  Read them carefully, as they can be somewhat lengthy and complex. In short, your mother can win ''visitation'' rights (even without demanding - or getting - complete custody) under A.R.S. § 25-409 if the court finds that it would serve the kids'' best interests, and either: (1) the marriage of the biological parents has been dissolved for at least three months; (2) one of the biological parents is deceased, or has been missing for at least three months; or (3) the kids were born out of wedlock. Subsection (c) of that same statute provides a list of factors for the court to consider when determining the "best...

Q: 

I gave revocable guardianship to my mom when I moved out of state so the kids could finish that school year and I started my new job. Now that I have petitioned to revoke guardianship, she is suing me for custody. I am so far and not sure how to handle this

A:  There are at least two Arizona statutes that will potentially affect your situation:  A.R.S. § 25-409 and A.R.S. § 25-415.  Read them carefully, as they can be somewhat lengthy and complex. In short, your mother can win ''visitation'' rights (even without demanding - or getting - complete custody) under A.R.S. § 25-409 if the court finds that it would serve the kids'' best interests, and either: (1) the marriage of the biological parents has been dissolved for at least three months; (2) one of the biological parents is deceased, or has been missing for at least three months; or (3) the kids were born out of wedlock. Subsection (c) of that same statute provides a list of factors for the court to consider when determining the "best...

Q: 

I gave revocable guardianship to my mom when I moved out of state so the kids could finish that school year and I started my new job. Now that I have petitioned to revoke guardianship, she is suing me for custody. I am so far and not sure how to handle this

A:  There are at least two Arizona statutes that will potentially affect your situation:  A.R.S. § 25-409 and A.R.S. § 25-415.  Read them carefully, as they can be somewhat lengthy and complex. In short, your mother can win ''visitation'' rights (even without demanding - or getting - complete custody) under A.R.S. § 25-409 if the court finds that it would serve the kids'' best interests, and either: (1) the marriage of the biological parents has been dissolved for at least three months; (2) one of the biological parents is deceased, or has been missing for at least three months; or (3) the kids were born out of wedlock. Subsection (c) of that same statute provides a list of factors for the court to consider when determining the "best...

Q: 

How can i stop a parent from taking all of a childs money?

A:  I wish to inform you that in case of a minor child the parents can take their money. However, if you want to safeguard the financial interests of the child so that the parents do not take all of the money of the child, you may open a bank account in the name of the child. If the child is old enough and financially capable of supporting himself or herself, the child may apply to the court for emancipation. AFF...

Q: 

My son won a settlement and he is 12 years old. Is it true that I cannot have any of the money to take care of him as I am his mother and guardian? What can I do? My lawyer told me that I have to put it in savings until he is 18 years old

A:  Typically, Nadia, a parent does not have access to their child''s settlement funds. The rationale behind this is to protect children from parents who would use the money to benefit them, rather than the child. The court generally places a child''s settlement money in a ''blocked'' bank account until the minor turns 18. The court sometimes allows withdrawals from blocked accounts if the funds are needed for the child''s care and well-being, and the court is satisfied the funds will be used to benefit the minor. You and your attorney should discuss what expenses might be paid for with the settlement funds. --...

Q: 

Can I change employers after I receive a green card that is sponsored by my current employer ?I am currently on an H-1B visa and my current employer is sponsoring me for a green card. I received my I140 and they recently filed form I-485 and EAD. I am planning to start a 2 year full time Masters program this fall. I have a few questions based upon the above facts. My understanding is that after filing the I-485 it generally takes a year or two before I have a green card. If the green card gets processed while I am still in school, do I have to go back to my current employer to keep it and for how long? While I''m in school, can I take a paid internship with another company on the EAD or can I only work for the employer that is sponsoring me? What are my options if I don''t necessarily want to return to my current employer after school? Thanks very much!

A:  Your questions involve some complicated issues of law. You must be very careful in how you proceed with your case, or your permanent residency may be at risk.Please realize that the petitioning employer is the company that you must work for after obtaining your permanent residency (''LPR''). The application that has been filed on your behalf is a ''continuing'' application. That means you must have the continuing intent to work for that employer, and the employer must have the continuing intent to hire you after you become an LPR.If your intent changes before you become an LPR, it would fraud to accept your LPR based on that job offer. Likewise, if the employer revokes the offer, then you are not eligible for your LPR through them. There are a few exceptions, of...

Q: 

I am one of many who owes a large sum of money to a student loan agency ($18,000 dollars to be exact). I found myself in financial hardship upon graduation from college in 1994 and defaulted on my loan. Therefore, my loan is forever in bad standing. I recently returned to graduate school and fell behind in payments (I was ineligible to defer due to the default status) and the loan agency has garnished my check in the amount of 10% of my yearly earnings. My question is how can I stop them from ''garnishing'' my check and simply have them do a weekly payroll deduction on my behalf? The loan agent refused to listen to any questions I had and I don''t know where to turn. I can afford the 10%, but I just would like the opportunity to make good with the company (Connecticut Student Loan Foundation) so my record will not show the garnishment. I appreciate any advice you could provide me. Thank you in advance

A:  The problem is that your credibility is ruined with the lender, so effectively, it is too late for you to ''make good'' with the lender. It seems that the only way you paid is when you were forced to pay through garnishment. At this point, it would be imprudent for the lender to release the garnishment and give you the right to pay on your own because if you were to default again, the lender would bear the cost of yet another collection action. If you really want to ''make good'' on this, I suggest that you pay more than the 10% which is being garnished. This MIGHT encourage the lender to believe that you are no longer a credit risk. Next time you have a credit problem, contact the lender BEFORE you are in default. You will then have much greater leverage. Good luck with school - I''m sure...

Q: 

Chance of father getting custody?

A:  "I told him since the beginning that I would prefer that his son stay with him. " Well, that's not your call. Your husband can certainly seek custody but you need to stay out of it. As you said, you haven;t even met the child - you are hardly in a position to evaluate his needs. The matter will have to be heard in TX; I presume the filing she has made is the appropriate action in TX to establish custody, visitation and support when the parents are unmarried. I don't know too much. I am just starting a very similar battle myself. I know exactly how you feel. Make sure first that your husband is completely committed to this. It is no game. It is a very long process and heartbreaking. That said,...

Q: 

custody of child

A:  Thanks Sriveni for your referral i understand the difficult times you are going through Have no doubt that in a divorce petition courts almost always grant custody of a child to the mother. This is since mother is always considered better (between the father and mother) parent for the overall well being of the child Suggest firstly to attempt reconciliation between you two with the help of elders from both sides and some other respectable persons. If it fails and you or you both consider your going together impossible then to consult a reputed matrimonial lawyer for initiating divorce, firstly by mutual consent (as it is quicker) and if it doesn"t work then...

Q: 

I Need to Modify the child Support I Pay – How Can I Do That?

A:  “I am a mother of a 4-year-old old and I am expecting another child in 6 weeks. I have had complications with this pregnancy and am currently under my doctor’s care, and I have a note from him that I have copied and showed to child Support Enforcements. I had lost my job because of these complications,they needed someone to work when. they say like every job does well they fired me. My payments are supposed to be $175 a month when I lost my job My boyfriend has been helping me but since he is the only one working my payments have been low but they said at DCSE (child support enforcements) that as long as I pay something I should be okay not to mention I have arrears from my mom being on TANF so I owe the...