Can my ex withdraw my child without my permission?
My ex brought my 12 year old daughter from Atlanta Ga to Tallasse AL to live with my wife and I 12/07/2011 because my daughter got into so much trouble that the school had her set up to go to alternative school as well as she was failing. My ex didnt agree so she withdrew her from that school system and brough her here, Leaving me with a signed document giving me primary custody of my child from that date with no end date. My child was born in GA. Ga is mothers home state and AL is mines I am just tryna figure out which will be my daughters home state? Well anyway I filed for custody in March, mom denied it. She came to retrieve daughter in May when school got out say she wasnt gonna return. Well as of today technically my daughter is still enrolled in school here in Alabama. The school counselor said that mom called and asked for a copy of report card and something sayin that my daughter was promoted. She sent it that was about 2 weeks ago, then she sent another email giving her the name of the school she will be enrolling my daughter in and fax numbers etc. wanting her to fax the school records. Counselor says she want be doing this unless she gets a request from the other school. Well there has never been a custody order, and I had been paying child support though the state of Ga since 2004. The school says that since her name is on the birth certificate that mother can come and withdraw her from the school legally!! This is outrageous to me that she can just bounce my child around at her dispense. Custody court is set for August 29 here in Al. The lawyer is trying to make sure that the Alabama court is going to hear the case because they arent sure about the jurisdiction. So basically I have proff that my daughter has been here since 12/7/2011 and she is still currently enrolled in a Alabama school. From what you know who has jurisdiction, and what can I do to stop her from withdrawing my child from the school system without a court order. How do you think this case is goin to work out, By the way if here when school starts back my daughter will be going to regular school as she isnt eligible for traditional school in GA until january of next year. So she will have to go to an academy if she start school with her mom.
We never filed our marriage license in Texas. Is the marriage valid?
Funny you should ask that question. The identical (or nearly so) facts happened some years ago -- although they won't help you -- with respect to a couple who got their marriage license in Bowie County Texas but were married in Miller County Arkansas, across the street in Texarkana! The Arkansas Supreme Court held that the marriage was valid. I don't think the reasoning works for Texas. But, Texas recognizes COMMON LAW MARRIAGE. You certainly held yourselves out as married, and had a child. Therefore you need a divorce. (I am assuming that you were legally domiciled in Texas.) Your child is legitimate. Your property is subject to community property rules. As for the registration of the license. The general rule is that the innocent parties -- usually one spouse, and the children -- are protected from the mistake or misrepresentation or wrongful act of the other spouse. But it seems to me (and I am not licensed in Texas to practice law) that the common law marriage rule makes all the rest irrelevant. It always amuses -- and dismays -- me when non-lawyers opine about questions like this on Y! Q/A. Most of the answers are wrong; a few are right for the wrong reason. One correctly refers you to common-law marriage rules. But there is a separate issue that would have applied even if common-law marriage didn't exist: the issue of whether failure to file the registration document nullifies the marriage. That depends on state law; but in most states the officiant has to send in the document, and the couple can't (or shouldn't) be held liable for the failure of the officiant to do so through no fault of their own. As you will see from Husband v. Pierce, Texas law is rather forgiving about technical errors in registering marriages. It seems to me that even without relying on common-law marriage, the marriage is valid. And that as in other states, the officiant is the one who is supposed to mail the license back to the County Clerk for recordation (although delegating that to another, including the married couple, is not clearly a violation of duty).
I asked a question about child support?
some people misunderstood of what state i live in. I live in Texas, and in this state it is not required by state law to have D.N.A test prior to recieving child support.My question was are you for or aginst this law? And why? I myself am not in the child support system in any way...I am just asking our fellow texans what they think of this law being passed....
Stepchildren getting sick every visit for the last two months! HELP!?
They are so in denial - there is something seriously wrong with those kids. Maybe you could get the boy to see his school counsellor (or chat to the counsellor and ask if there has been any problems that you should be aware of). The girl you can take to a counsellor of your choice since she is not school-aged yet. But they both definitely need to see a counsellor of some sort Have you taken them to a doctor about their vomiting and diahrehhia? If the parents don't want them to see a counsellor - then tell them the kids can't stay. They can't blame you for "not wanting them around" and such when they themselves are doing nothing to work out what is wrong with THEIR children and they obviously don't seem that concerned with their children's behaviour and illnesses.
My surname and my fathers surname are different. I have applied for passport. What additional documents will be required?
You won't face any issue even if you and your father have different surnames. So no second thought, go for it.However We can't see whether you want any changes in your surname to match with your father's. In case you do want, you need annexure E and name change advertisement copies of local and national newspaper.