DADI Blog

Should I Move Out of the Martial Home?

Posted by admin on April 27th, 2006

The question of whether or whether not to move away from your spouse is a big one. It’s depends on what is happening in your home and what its making you feel. All problems can be worked out if given the time and the effort. You have to want to work these problems out. If you are living in an abusive home where you don’t feel safe, you should move out. But if you’re living in a home where there are problems between the people in the house, you should stay and try to work things out. Remember that you have to work on the problems and nothing can ever be solved without trying.

Good communication in the household is the key. You must establish communication.

Choose a time when your household has nothing going on and talk with them. Present to them the problems you see and what you want to see happen to solve the problems. Let them present the issues they see in the house. Try not to argue with them or let them argue. Arguing can and will lead to more anger and even more problems. Open up to everyone and encourage them to do so. Consider counseling for your family if talking around the table does not seem to be going anywhere. It does help to have an educated outside option. Your counselor will identify the problems and help everyone communicate their needs and what they want to come of this. Remember to be honest about your feelings and remind others to do the same.

Nothing can come from an abusive relationship. Whether you are being psychologically, emotionally or physically abused, there is nothing that can come from it but pain and suffering. Possibly you could get hurt or even killed. Abuse is a very controlling way of getting what the abuser wants. They can make you think that you deserve it and have no way out of it. But you do. Call the police if it starts up. Do not hit them back. Tell the police you want them removed from the house. Tell the police what has been happening and show them any marks or bruises they have left on your body. Resort to getting a restraining order on them. With a restraining order they can not come within a certain amount of feet near you. And if they violate the restraining order, they can end up serving time in jail.  You do not deserve abuse and there are ways out!

Moving out of your marital home is a decision that you must make, no one can tell you what you should do. Remember, moving out does not mean that your marriage will end in divorce. Even in cases of abuse, problems can be solved with the help of counselors. There could be an underlying factor causing the abuse such as alcohol or drug addiction. These problems can be worked out if both people love each other and want their marriage to last.

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Pennsylvania Paternity

Posted by admin on April 27th, 2006

In Pennsylvania, when a child is born out of wedlock there is no legal father. If the father wishes to be the legal father of the child paternity must be established. Before the father’s name can be placed on the birth certificate in these cases paternity must be established.

To prove paternity in Pennsylvania both parents can sign a form called “Voluntary Acknowledgment of Paternity.” If both parents in fact sign this form there is no need to go to court to establish paternity. If you do wish to receive child support you must talk with the people at the Domestic Relations Office and show them the form that you both filled out. You can find these forms at hospitals, birthing centers and at the county Assistance offices. At any of those establishments they will be more than willing to help you fill out the necessary form. You can also contact the Bureau of Child Support to find a paternity establishment form.

A paternity establishment document for the state of Pennsylvania is important in many ways. After you have proven the true biological father, you will then be able to locate important and sometimes vital medical records concerning the father of your child. This may be very important in a life threatening situation for your child. You can also receive child support and health care coverage from the legal father of your child. This lessens the financial burden on you. If the biological father becomes disabled or in the event of his death your child may be able to receive Social Security benefits if paternity has been proven. These are just a few of the benefits that you may be losing because paternity has not been established.

If the alleged father will not admit he is in fact the father of your child, you can file a petition with the help of the county Domestic Relations Office. They will arraign for a petition to be filed and request a child support order to be put into place. A support conference will be held where you and the alleged father will be present. The alleged father at this time can admit to being the child’s father or deny your claim. If he denies the claim, the court can order a genetic test to be done. After the test is given, if the alleged father is the declared the legal father by the test, then paternity is established. Now, you will posses legal proof he is the father of your child. You will then be able to receive child support and the father will be able to decide on his own parental rights.

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Paternity Law

Posted by admin on April 27th, 2006

Paternity laws are enforced to protect children. They ensure the full support of a child by both biological parents. A child has the right to know of his or her own roots. When paternity is established, the child can learn of other siblings and their family history.  Paternity is often referred to as the state of fatherhood. This is saying that the opportunity is there to find the child’s real father. Maternity can also come in to play in some cases. If the alleged person is proved to be a biological parent, through DNA testing, then that party is responsible for their child. Child support and custody are closely examined and decided in the best interest of the child. Paternity laws differ from state to state. There is one common goal between them though. They all want children to grow up in the best possible way. The states want children to know their biological parents if that is at all possible.

Paternity benefits the entire family. Voluntary paternity is the easiest way to establish paternity. It is a form of legal documentation that has the same credibility as one issued by the court. It does not need the court to get involved though. This affidavit can be obtained at the hospital once the baby is born. When the document is signed both names must appear on the birth certificate. This is also the time to give our newborn his or her father’s last name. Be completely sure that you are the father before signing. If there are any second thoughts, then a genetic test needs to be done.

With this form complete, child support can be ordered. Paternity is legally established. Legal custody and visitation are not. Agreements on both these issues can be made between parents. A verbal line of communication can start to be enforced. Handling these issues between each other can be easier on all parties involved. This will save both parents time and money. Both time and money can be used elsewhere and not be tied up with court system, if an agreement can not be reached, the courts will step in and settle all disputes. The court will decide what is in the best interest for the child. Paternity should be established at all costs. Knowing who the father is will help to ease the uncertainty you may encounter. It will help you to devise a plan for the future of your child.

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Paternity in the Military

Posted by admin on April 27th, 2006

The rules for paternity in the military are the same as they are for civilians. The obligation for children is quite simple. Supporting the child is priority number one. A paternity test needs to and should be done. They can even be done while the father is overseas. The difference between dependants born to a military parent and those who are not is that those who are may qualify for benefits from the government.

A hearing might be set up in which the father must attend. He may be granted leave for his appearance in court to discuss paternity and/or child support. Commanders have no authority to order military fathers to participate with genetic testing. It is one hundred percent up to the father, unless a court order is issued. Members of the military do go through basic training. They also might have to participate in advanced training at some point.  Those two cases might cause the father to not have the ability to appear in court. If the military member leaves and misses any part of training, the training will have to be repeated. In the initial meeting with the father, after news of an order to establish paternity is delivered, an Affidavit of Parentage will be used. Records of any paid past child support will be obtained. If no support order exists then this time will be used for that. Three copies of the document are made. All are signed by both mother and father. Each parent receives a copy.

After all paperwork is read and signed, one copy is sent to the vital statistics agency in whatever state you reside in. At this time a voluntary military allotment may be enforced. This refers to the amount of a soldier’s pay that is set aside to provide support for their dependant or dependants. Military members do have the ability to amend or stop this payment at any time. One copy of the allotment document and one copy of the voluntary support agreement are signed and sent to a finance officer. After the paternity test has been completed and all documents are sent off, a military id can be issued to the dependant. Only will the child obtain this id if they are biologically linked to their military father. This id qualifies the child and even the entire family to receive medial benefits. All children reserve the right to a DNA test and no parent is eliminated from having to participate, despite their status or location.

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Parental Abduction of Children

Posted by admin on April 27th, 2006

When one parent takes off with the children, it is one of the most horrible events that can occur. Parental abduction is psychological warfare and a brutal way of “getting back” at the other parent. Child abduction is both traumatizing for the parents but it can also cause damage in the children. For years ahead the child can suffer from mental disorders. It is considered child abuse. But there is hope within the law.

Parental abduction has been on the rise since the mid 1970’s. It occurs mostly during a divorce. The abductor may tell the children the other parent is dead or longer loves them. They may give them a new name and tell them to forget about their previous lives. Children can also be subjected to other forms of abuse such as sexual abuse, emotional abuse and physical abuse. The parent may deny them the care they need. The children are trained to distrust authorities and trained to hide their identities. The children can suffer from lies about the other parent and are forced to believe that the other parent did not love them. All of this has a terrible effect on the children. They suffer the worst kinds of pain. Children need their families and loving environments to grow properly. These children do not receive this sort of life but instead one with the belief that all relationships are doomed to a short time. They can suffer from depression and social anxieties.

The Law can help prevent child abductions from happening. If you believe your spouse can carry out the abduction of your children you should contact the proper authorities’ as soon as you can. If your spouse has threatened to take your children or has before you should call the authorities. If your spouse has taken your children, call the police immediately. Give them pictures of you children and tell them everything you know. If you have any idea of where you spouse may have taken your children tell them. Many times an amber alert can be put out where the abduction will be broadcast on televisions and on many websites. All of the information that you provide can help the police in finding your children and the chances of your children coming home are much better.

When your children are found, your spouse will be arrested and charged with kidnapping. You should take your children to counseling and work with a lot of psychologists. They can assure you children’s future mental and emotional health.

Remain calm during this time and surround yourself with close family and friends. Be strong for you children and be honest with the police. If you could think of anything that could help them find your children tell them!

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Ohio Paternity

Posted by admin on April 27th, 2006

Sometimes the matters of birth gets complicated and people need advise on what kind of legal actions they can take for certain situations.  These should always be sought out from a lawyer or a court official who can give you detailed information regarding your question.  If you trying to establish paternity in the state of Ohio, you may find the easiest and quickest way is with a paternity test. The test is very accurate and is often given by a court if the paternity hearing is sought.

If you know that you are the father or have little doubt you can sign the Paternity Acknowledgment to put your name on the birth certificate as the father if no father is listed.  It also allows you to go to court easier and file the papers to acknowledge you are the father and if you are not living with the mother you can setup visitation rights and child support.  The last name of child will always be the father’s last name also, so if you are acknowledging that you are the father then the child will take your last name, unless the mother goes to court for a name change. 

If you run into the situation of another man being on the birth certificate that is not the true father then you have to go to court to file the motion for that to be changed.  The real father can’t just sign the paternity acknowledgment to change it; the court will rule on the case and decide what should be done.  Usually if a paternity test shows a different father you can have them change the birth certificate, the child’s name will also change if this criteria is met.  If you are married and believe you are not the father after the fact then you will have to go to the court to have it sorted out.  A married woman’s husband is always assumed to be the father unless it is challenged.  You will then take a paternity test to prove or disprove the fact, but if you haven’t been married for 300 days though you will have to sign the paternity acknowledgement sheet for paternity rights to the child.

The paternity acknowledgement will give you the parental rights that you deserve as the biological father. You will be responsible for child support and can petition the court for visitation rights and even custody if you believe that your home would be more suitable for the child. But, do not file for custody if you are only doing it out of spite.

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North Carolina Paternity

Posted by admin on April 27th, 2006

Paternity testing is a sample of blood or a sample of saliva taken from the alleged father, mother and child to find whether or whether not he is the father. Methods that can be used are a sample taken from the mouth by using a swab for DNA (Deoxyribonucleic acid) or just taking a sample of blood which carries genetic history through DNA.

Paternity is used to give a child proper identifications. It is also used to see the health of both mother and father to give the child proper medical treatment. Paternity can be used for veterans’ benefits, social security, inheritance and health insurance. Every state has different laws for paternity testing.

For the state of North Carolina, both parents can file for paternity testing, even the child when he or she has reached the age of maturity. All would have to file a court proceeding to get a paternity test. Paternity testing can also be ordered by the courts themselves if they have probable cause.  When the child is born an unwed father can sign a paternity acknowledgement to say that he is the father of the child, whether he is or not.  This is just for child support purposes only and grants the mother of child custody.  To file for paternity for a child out of wedlock you must fill out several documents with a court or sign the paternity acknowledgment.  This will give you right to file for visitation rights.  If you are married then the father is presumed to be the husband.  Some states are amending this since it’s becoming more common that the husband isn’t the father of the child.

The best thing to do if you are an unmarried couple is to have the father go to the courthouse to fill out the documents there, that way you have more rights when it comes to establishing visitation rights and custody.  If the alleged father refuses to sign any documents stating that he is the father they can be taken to court for a ruling.  If there is any doubt a paternity test is given to make sure.  This helps protect the mother and the alleged father.  Some times a woman will give birth to another person’s baby and say it’s their husbands or boyfriends since they may deem them more fit to be a father, either for monetary purposes or just instincts.

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New York Paternity

Posted by admin on April 27th, 2006

In New York as long as the child is born to married couples, the husband is presumed to be the biological father. The other two ways in which paternity can be established in New York is the proper filing of an acknowledgment of paternity and by the order of the court.

If the husband in a marriage does not believe he is the father of the child he also has rights and can file for paternity tests through the court. He should not sign any papers agreeing to be the father and should talk with an attorney to find information concerning his legal rights and how to proceed.

When it comes to the court proceedings to determine paternity, the parents have an option to agree with an order of paternity. When both parties agree to the fatherhood, no other testing needs to be done and the alleged father now becomes the legal father of the child. This is a very hard order to fight later on down the road if either parent changed their mind about parentage, unless through genetic testing the true biological father is found.

If either party does not agree that the alleged father is the biological father, the court can order DNA testing to be done. Then the parents will be able to have the option again to agree with an order of paternity or ask for a hearing if they disagree with the order to be tested. If the test results come back with a 95% probability New York presumes this man is the biological father of the child. The alleged father can still fight this in court if he has evidence that he could not be the biological father.

Just because a DNA test is done, it can not show 100% proof that the alleged father is the biological father. But, trying to fight these findings can be very hard to disprove unless the alleged father can prove he was no where in the area to be the father or if he is sterile and was sterile at the time the mother became pregnant. Trying to disprove paternity after a 95% percent probability can also be very expensive.

If the alleged father has already stated in other court documents or proceedings that he is the father then he will not be able to deny paternity. Even his actions and statements of being the father can hold him legally responsible for the child.

In order to file a paternity case, the Statute of Limitations states under Article 5 is any time while the mother is pregnant, after the child is born up to age 21 unless he has paid support or has acknowledged paternity.

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New Jersey Paternity

Posted by admin on April 27th, 2006

Before the state of New Jersey can intervene and determine the paternity of a child an allegation of paternity must be made. This allegation can be made by the mother of the child; the custodial parent if not the mother, the man that believes he is the father, or the child.

After this has been done, the process will begin sometime during the next 90 days after finding the whereabouts of the alleged father, if he was not the one that filed the allegation.

If there is more than one man listed as possible biological fathers the Office of Child Support and Paternity Programs will begin to start the proceedings against each alleged father. The only way he can be taken out of the proceedings is if a genetic test proves with 95% percent accuracy that he could not be the father, or if the court decides he could not be the father of the child. The Office of Child Support and Paternity Programs also have a paternity program where a father can sign a Certificate of Parentage. This certificate is a legal and binding and has the same effect as a judgment from the court when it comes to paternity. When this certificate is signed the man is then the legal father of the child and must meet his responsibilities due the child financially. If this acknowledgment is signed by the father, he is not automatically placed as the father on the birth certificate. The parents must ask that his name be placed on the child’s birth certificate.

The mother and alleged father both have the right to ask for genetic testing before signing the acknowledgment, change their minds within 60 days of signing the acknowledgment, and after signing the alleged father is now responsible for child support, health care, and the Office of Child Support and Paternity Programs can modify and enforce child support issues. The father’s medical history may help the child in later years if any problems occur with the child health, so knowing the true father may help to save a child’s life.

If both parties can not agree on the fatherhood of the child genetic testing can be ordered by the court. The requirements for genetic testing in New Jersey include: the test will be done by a state approved company, if the test results show 95% probability or higher this man is presumed to be the biological father.

If a couple are married and the mother claims that her husband is not the biological father to the child, and then a paternity for the child must be established. The husband can sign an affidavit denying paternity and that allows the biological father and mother to sign a certificate of paternity and then the biological father is then responsible for support.

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Move Away Cases (Relocation)

Posted by admin on April 27th, 2006

So you and your spouse have separated and have gone through some type of custody battle for your child, now one wants to move away.  There are a thousand questions streaming through your head, what you should do, how should you do this, and how should you go about doing that.  The best bet in any case is to always get a lawyer if you have any questions and not go about this by yourself.  In some states, you’ll have to agree to this move for anything to even happen, but in most states you won’t have too much of chance if they think it’s best for the child.

Most courts will always look at the child’s attachment to their surroundings and look at if the move will in anyway benefit the child.  The best way to avoid this is to include a relocation clause in the custody agreement.  Simply place a limit on the distance that the person with custody can move away.  Most courts will allow the person with custody a cushion on how far away they can move, but this can differ according to the judge you get.  It should always be about the best interest of the child though, which most judges understand and will act accordingly. 
 
If a parent with custody over a child just ups and moves away things become very hard.  Not only can they run for quite a while without any trace but you also don’t know what is going to happen to the children, their mental psyche will also be damaged.  They can also face charges if they are found.  The issue of moving should be left alone if there are no big things that cause the issue, such as a stalking parent or even a dangerous situation for the custody parent.  The cases always take up a lot of court time and will cost plenty of money.  For these reasons you should only think about moving away if you have a big reason too.  Otherwise you’ll just cause heartache to everyone in the child’s life and the child. 

Most lawyers will advise you on this during the custody battle, make a plan if one of the parents wants to move away, especially the parent with custody.  If the parent without custody moves away they would lose their visitation right.  If the parent with custody wants to move out they would have to get permission from the parent without custody.

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