I need help with custody issues and what to do about some things. Step fathers rights??

Question

My husband filed for divorce a few days ago. This is copied/pasted from the web site that I saw it on.
MOTION AND AFFIDAVIT FOR TEMP ORDER WITHOUT ORAL HEARING. SUPPORT WORKSHEET. AFFIDAVIT OF INCOME, EXPENSES AND FINANCIAL DISCLOSURE. AFFIDAVIT IN COMPLIANCE WITH 3127.23 ORC. GROUP HEALTH INS. AFFIDAVIT.
I'd like to know what that all means and what is a classification form? He also filed a temporary restraining order against me. I talked to someone from the court today and he said that I have 17 days from the day I receive my paperwork in the mail to also file for temporart custody. But how does it work without an oral hearing? And when will it be decided? Also, can he somehow get custody before that? I have physical custody of the child right now. I am not giving him up to him. Can I delay this by not signing for the forms? It is by certified mail. And what happens if I don't sign for the forms? Will I get in trouble? Also, he has threatened me stepfathers rights?? What is that?

Answer 1

I don't know how this works in your state, but do what the person from court said, and file for temporary custody. If you aren't sure what to do, go down to the county courthouse and ask these questions. This can all be very confusing, and they're used to people asking how it works.
Is he the stepfather? Stepfathers do have certain rights, depending on the circumstances. One of my exes filed for visitation rights to my daughter, but it turned out he didn't have any grounds because he was out of the home for the six months before he filed, and according to the Texas Family Code, you have to live in the home with the child for that period of time to be able to file for visitation. BUT his attorney pleaded it anyway, and wasted the time & money of all parties concerned, including the court.
Long story short, ask the court what to do to protect your rights as a parent, and then do it. If you can afford an attorney, or get legal aid, that's even better.
Good luck!

Answer 2

Motions are only what your husband is requesting, an Order, which the judge will write up is what you have to follow. You can and should respond to his motions as if you were rebutting in a debate.
He is basically asking for temporary custody without having to go to a hearing or before a judge and he is also requesting that you send to the courts and to him all your financial information - there is a list somewhere on the court's website as to what that includes (mainly paystubs, w2, bank statements, mortgage loan statements, deed to house, etc.)
You should send in a MOTION TO SET HEARING and list exactly what you would like to discuss before the judge and what results you want to get out of the hearing.
You can also fill out a PARENTING PLAN form where it would state exactly what custody you want including things like weekends or weekdays, holidays, birthdays.
BTW you are now the Respondent, he is the petitioner.
I would visit the court clerk to familiarize yourself with all the forms and respond ASAP.
Ask if the court has the forms online
Consult a lawyer immediately, even if you don't go for the lawyer atleast go in for the consultation and see what he/she says.
Log everything and only correspond with your husband through email or letters, no verbal communication because that is not submissable in court.
Good luck

Answer 3

No matter what else you do, answer the summons, in writing, and take it to the court and file it with the clerk. The clerk can tell you what you need to do. DO NOT DELAY OR NOT ANSWER.
If you can afford it, go see a lawyer TOMORROW or as soon as you get the papers in the mail. I am not sure, but a paralegal may be able to file the papers you need to respond with. It varies from state to state and is much cheaper than a lawyer. You may be able to file the papers yourself if you are working on a limited budget, but you must be diligent with paperwork and responses and do it in a timely manner.
I think an attorney would be best if at all possible for you. If there is someone you can borrow the money from to get one, do so.

Answer 4

Anyone can file anything these days. Grandparents file in certain cases if their son/daughter is out of the picture and want visitation with their grandchildren. Step parents have fewer rights than grandparents, aunts, uncles, etc. and he may just be begrudging you because of the separation and attachment to your children. In any case...you need to appear in court on this matter, get real legal advice...an attorney or legal assistant to help you. He's trying to work something out through the courts, through mediation, with you for visitation or custody. That's entirely up to you dear...you can say no or you can allow him visits. How old are the children...will you marry again? Where is the biological father in their lives? etc. etc. What's best for the kids? If you do allow him custody, visitation...just remember...if you change your mind at a later time..you'll have to take him back to court and it may be more difficult to state a case afterwards. Make a decision and make it stick.

Answer 5

it may desire to be considered as contempt in case you forget approximately relating to the papers previous the alloted time. i might carry out a little investigating first project interior the morning and locate out who the desirable divorce felony expert is on your area and go see him remarkable away. he would be waiting to report any motions and counter motions necessary. tell him what you % and don't % out of this concern. BE truthful with him approximately each thing (EX the restraining order). you do no longer % your quickly-to-be ex to be waiting to spring some thing on him in front of a choose. as long as her is waiting, he can combat on your rights and the rights of your toddlers. there could be regulations to guard you the place the step newborn is worried, incredibly if he under no circumstances legally observed her. i does no longer talk to the Ex from now on and not utilising a tape recorder (or you felony expert). it is not unlawful which you would be able to tape you very own calls. it may desire to no longer be admissable in courtroom, yet whilst something happens and you have it on your felony expert to hearken to, he can use different skill and preparation on the thank you to hold the help to courtroom if necessary.

Answer 6

If you don't sign or respond, you forfeit your rights....get a lawyer or contact legal aid.