How can she get him by me not being able to file the response to the dissolution? 9 Answers as of April 14, 2013

Child was born before marriage and she asking him for divorce. She left him with me when he was five months old. He is now four and half. Courts won’t give me paperwork to respond to case. Doesn’t our constitution give us the right to the courts? How can it be decided when he wasn’t a part of the marriage?

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John Russo | John Russo
Clear your head slow down and try explaining what is going on.
Answer Applies to: Rhode Island
Replied: 12/2/2012
Woolley Wilson, LLP
Woolley Wilson, LLP | William R. Wilson
Most Court houses have a legal library that will have forms you can use. You can also check the local Bar Association for assistance or Legal Aid in your area.
Answer Applies to: Texas
Replied: 12/2/2012
The Law Offices of Tres A. Porter | Tres A. Porter
Very simply, if you weren't the person who was married, you can't file the response to petition for divorce. That does NOT mean you don't have other methods of being involved in the proceedings regarding custody of the child. You should consult with an experienced family law attorney in your area as soon as possible.
Answer Applies to: California
Replied: 12/2/2012
LAW OFFICE OF JON RATHJEN | JON LAURENCE RATHJEN
The paperwork is available online or through publishers like NOLO press. My guess is this is not really about "the paperwork" but about your "standing" (a legal term basically meaning the law recognizes you have sufficient interest in the case to allow you to be heard). I would think based on you having had actual physical custody for 4 years that you should be able to establish sufficient relationship to allow you to be heard by the Court, but it is certainly possible the Court ruled against such a finding since you say the court won't allow you to participate. You need to talk to a good custody attorney.
Answer Applies to: California
Replied: 12/2/2012
Mary W Craig P.C. | Mary W Craig
If I understand your question, before he and she got married, she had a child. She then left the child with you when he was 5 months old, and now 4 years later, the mother is suing for divorce. You don't say whether the husband is actually the father of the child you are talking about. Did you ever get a court order giving you custody? If not, mom can come back and get him anytime she wishes, but you can file a dependency action asking the court to give you legal custody. When you say the court will not give you paperwork to respond to the case, do you mean that you want to intervene or somehow appear in the divorce case, but the court will not let you? And is mom trying to get custody over this child established by the divorce court? Perhaps if you gave a little more information, the question would be easier to answer.
Answer Applies to: Alabama
Replied: 12/2/2012
    Victor Varga | Victor Varga
    You should have been served with the documents the opposing party filed with the court. If not, you need to go to the courthouse, pull the court file, and see what was filed against you. You can then prepare/file your response.
    Answer Applies to: Maryland
    Replied: 12/2/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Get an attorney that does this kind of work. It can be very coveted.
    Answer Applies to: California
    Replied: 12/2/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    I am very sorry, but I don't understand most of your question. Clearly, you need an attorney to assist you in this - as a custody case is too complicated for a DIY. If you choose to go it alone, then you will have to go to the courthouse library and start researching the law, and drafting pleadings.
    Answer Applies to: Texas
    Replied: 11/30/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You need to actually go see an attorney about this.
    Answer Applies to: Florida
    Replied: 4/14/2013
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