I am very involved in his life. My ex is considered the custodial parent. My Son is struggling bad, extreme, with anxiety. He only has issues while he is at his Mom's house. He has 0 issues when he is with me. Regarding the same things. Brushing his teeth, etc. Basic things.... Read more »
answered on Mar 28, 2022
As his father, of course you have legal standing to bring a request to modify custody and parenting time to the Court - but your questions really isn't about legal standing. You want to know whether you will be successful against a stubborn adversary who isn't willing to see things the... Read more »
My daughter just turn 19
answered on Mar 17, 2022
Typically a child remains unemancipated for support purposes if he/she is a full time college student until age 23. Often child support is recalculated around the time a child lives away at college on campus, as the child support guidelines only apply to children residing at home with a parent.... Read more »
We have shared custody but she lives with me. I also have health issues and the weather will be helpful for me.
answered on Feb 28, 2022
You either need the written consent of the other parent, or a court order permitting you to relocate with the child out of state. If you don't have the other parent's consent, then I strongly suggest you consult with a qualified family law attorney.
2 yrs of college left, and I got lucky with stocks, can I keep that away from $ hungry Ex. Or not?
answered on Dec 16, 2021
Child support is the right of the child, not "the money hungry Ex." That said, child support is driven by income, not assets. If the money you made from the stock market were to factor into a child support calculation, a reasonable rate of income derived from the investment of those gains... Read more »
We are not married but i have been the father to her child since she was 2. She has custody of her but if she passes before we get married i want to know what to do to keep her with me and her brother with my fiancé.
answered on Oct 8, 2021
I think I understand your question to mean that you have been raising the child of your significant other for some time, and now you are facing a situation in which your significant other may pass away. Your question is highly complex, and a lot would depend on whether the other parent of the child... Read more »
What are the next steps?
answered on Sep 7, 2021
It depends on what may be stated in your settlement agreement or judgment of divorce. I recommend that you bring your divorce documents to a qualified family law attorney to review and advise of your options.
His mother has neglected to inform me of my sons address, doctors and their locations, school etc for years. The last overnight I had with him was March 10th 2020, upon covid I hadn't seen him till June 27th 2021
Hello! My 9 years old refuses to go overnight with her dad every other weekend. Last weekend she went forced by her dad”s attorney intimidating letter. I have to pick her up a 3:30 am she couldn’t sleep, she said she was scare but she doesn’t say of what. When we get home she went to sleep... Read more »
answered on Jul 25, 2021
It's impossible to give you advice about your situation in this type of forum. Family law attorneys see a whole spectrum of broken family dynamics. In some cases, children have legitimate fear of one parent for legitimate reasons. In other cases, children pick up cues and/or are manipulated by... Read more »
She also sent me a letter for me to sign saying I do not contest whats written in the complaint and also that I wave the time I'm aloud to respond to this complaint. My problem and question is if I sign this letter can she go and change the complaint since she would have my signature saying... Read more »
answered on Jul 23, 2021
The problem is what is in her request for judgment and whether you have all potential disputes resolved. If you have any outstanding disputes (child custody/support, alimony, equitable distribution of assets and/or debts), then you have to be very, very careful about what you sign. You should... Read more »
I know the parent has a right to refuse grandparents time, but I also thought legally I can’t discuss extra time out of my court ordered agreement considering my daughters father lives at his mothers house (where parenting time takes place). Plus I don’t trust the mother as she could be asking... Read more »
answered on Jul 23, 2021
There is no particular "legal" way to decline the request. I would just recommend keeping any communication that you have with her (which you are not required to have in the first place) as short and simple as possible, without any judgmental or confrontational statements.
Divorce papers state 18 if not attending school after high school
answered on Jul 16, 2021
If the case is being administrated by the probation department, there is supposed to be issued documents prior to the child's 18th birthday asking the custodial parent for documentation of college enrollment, or other information that would continue child support beyond the child's 18th... Read more »
answered on Jul 2, 2021
Until you have a new order, the outstanding order is in effect. The jurisdiction of which court would be the right forum to modify your custody order would depend on where you, the mother of the child, and the child presently resides. If you need to update the order or don't know if you need... Read more »
answered on Jun 28, 2021
This is a non-exclusive list of the factors the family court is supposed to consider when faced with this issue:
(1) whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;
(2) the effect of the background,... Read more »
She was ordered yo give him $$ from her 401k. When lawyer dispensed escrow $. He was to give to him then. He didn’t. Now he says she wants 3/21 pension share that she was normally receiving. $$ came a week after he passed and i put i to bank. Lawyer now not returning my calls, e-mails, etc.... Read more »
answered on Jun 17, 2021
I would reach out to an attorney who handles estates matters. I sounds like your son's estate probably has a claim against his former spouse for the funds that were supposed to be transferred to him pursuant to the divorce decree.
I don't understand the part of your question... Read more »
answered on Jun 15, 2021
Contact the Surrogate’s Office of the county where the deceased person lived.
answered on Jun 10, 2021
If you believe you are the father of the child in question, you can file a case in family court to establish paternity of the child. If the court determines that you are the father of the child, then you would have the legal right to seek parenting time, while you would simultaneously have the... Read more »
answered on Apr 30, 2021
When you receive a Temporary Restraining Order ("TRO"), you will be provided an upcoming court date for a hearing. At the hearing, the Court will decide whether to dismiss the TRO, or to make it a Final Restraining Order ("FRO"). If it is made an FRO, it could have a significant... Read more »
If my ex takes me to court to pay half I'm told they look at all ur money in ur checking and savings acct. I don't make much and put a portion of the house money in a savings acct for my nest egg when things get bad. Does the state of nj take that money into account on paying for college?... Read more »
answered on Aug 9, 2018
In Court you will need to disclose more than just the balances of your bank accounts. You will need to probably fill out an updated Family Court Case Information Statement, which provides your last year's income, your current YTD income, you income based on your last three pay stubs, your... Read more »
Do I have to pay child support ? If yes if I signed my rights over of my child do I still have to pay i don't get to see her
answered on Dec 11, 2017
If you are the legal parent of the child, then you have a child support obligation. The right to be financially supported is the child's right, not that of the custodial parent. You cannot "sign away" your rights to a child to avoid child support, unless you mean signing over your... Read more »
If a divorce occurs would she get any part of house?
answered on Nov 14, 2017
If it is his premarital property, the only claim she might attempt is for a portion of the appreciated value of the property during the marriage. That is, if the house was worth $200,000 on the date of the marriage with a $100,000 mortgage (so total equity in the house was $100,000 on that date),... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
