After divorce, what is custody like between a parent and a step-parent?
UK answer - as a rule, the biological parent in this scenario is the only legal parent unless the stepparent has gained Parental Responsibility[1]Very few stepparents do this, so the default would be that the actual parent of the child continues to be the only person with legal rights and responsibilities towards them after divorce, just as they were during the marriage.In a few cases, the stepparent will fight for visitation and the court may deem it in the child’s interest. However, it would be rare for a stepparent to be given equal legal standing to a parent unless they had established Parental Responsibility.Footnotes[1] Parental rights and responsibilities
Taxes claiming stepchild after divorce?
ok question here me and my ex wife are now divorced she does not work. she is letting me claim my daughter and her son my ex stepson i guess u would consider it another person that is not in the child's life. I do see him alot.. I was just wondering will i still be able to claim him even tho we are divorced and not biologically my son?
Marriage & divorce question?
A very slow one. Usually if its an uncontested divorce, then the final decree is entered, but it becomes effective six months from the date of the decree. The only possible explanation for the 3 year delay is if one of the marital partners is in a psychiatric hospital or some other institution. Since there are few facts to go by in your question, it would be mere speculation at this point as to a hearing in 3 years. You need to fill out a form requesting summary dissolution. Check with the in-court clerk for the department your case is filed in. Typically the form will look something like this: http://www.courts.ca.gov/documents/fl820... However every judicial department (that means judge's office) is slightly different. The LA Superior Court website recommends using this form for settled matters, or reserving matters for trial or hearing: http://www.lasuperiorcourt.org/forms/pdf... Getting a default alone may not solve this one. If you have a marital separation agreement and are in agreement about certain orders, that coupled with mutual financial affidavits may support entry of a final judgment. Again not knowing what filing deficiencies there are (even if there's no kids or property you can still mess it up depending on that particular judge's department). Because its a default the Superior Court for Los Angeles County may have a different policy and may make you both wait forever. Even if there's a default, you can both stipulate to summary dissolution, however by setting a hearing on this (you have to get an available date) you can get before the judge. Again not having read the papers you filed I can't be sure. As a lawyer I'd be reticent at this stage to take on a case handled by a paralegal because that can lead to malpractice. Also be wary of discount divorce shops where there's no lawyer on hand to answer your legal questions. They'll sell you the forms (they're free on the Cal Judicial Council website) but you basically gave your money away for nothing.
What’s the next step in my uncontested divorce? My spouse didn’t sign the papers, so I filed a “Request for default judgement”. Will I be sent a court date in the mail?
In most jurisdictions, when you file a motion you have to set it for hearing. In FL a clerk can initially enter a default but you won't get a judgment until you go in front of the judge or magistrate. And in any jurisdiction, if the opposing party is not signing appropriate waivers and agreements, you cannot proceed with a default unless you have properly served the other party and that party has failed to respond in the time allowed.Also, if your spouse refused to sign anything, you don't have an uncontested divorce.
Divorce finalization?
A "prove up" hearing is essentially an uncontested or default hearing wherein the court will swear you in and ask you questions reqarding your assets and debts. You will answer these questions under oath and essentially tell the court there are no assets and debts to divide. The court will then do whats called a "jurisdictional", which means the judge will ask you questions related to whether or not you met the jurisdicitonal requirements to file for divorce in your venue... like how long have you lived in the state, the county, etc. The court will then enter a judgment of dissolution. This does not mean you are divorced. You will then have to prepared a Judgment for the court to sign. You should contact a paralegal in your area to help you with it. You then submit the Judgment to the court clerk and check back in a couple of weeks to see if the Judge signed it. Once the Judge signs it your case is over. Don't sweat this hearing. Its easy. The court will be patient with you because you are not an attorney and the matter is uncontested. Good luck.
Do both people have to sign divorce papers?
the judge signs for the other party.