She has had our daughter temporarily for 7 months while we have fallen on hard times. We signed over temporary guardianship. He and I broke up and he's now at ODYSSEY house trying to get into the parent program with our daughter. Once she is there, the program will determine visitation. In the... Read more »
I’m sorry that you are going through these problems with your daughter. Any time you are dealing with custody issues, I suggest having an attorney. The initial decision is crucial and you want to make sure it is done right. It is always harder to change down the road.
I am the noncustodial parent. Im wondering if this applies to the current school vacation my daughter is on for Christmas and new years. My daughter's last day of school before the vaca was Dec 20th and she goes back to school on Jan 6th. That's a total of 17 days. I'm not... Read more »
The holiday schedule for Christmas and that statute will not overlap. The Christmas parent-time schedule includes the entire time the kids are off school. The statute you cite would apply to days without school that fall outside the designated holiday parent-time but are connected to it....Read more »
The answer to this question is very fact dependent. The cost of trial will depend largely upon the numbers of exhibits, numbers of witnesses, and issues in your particular case. I recommend talking with attorneys well in advance of trial as you will also need to ensure that pretrial disclosures are...Read more »
Alimony is not a black and white area of the law. Alimony is generally based upon the needs of the receiving spouse and the paying spouse's ability to pay. If you are fighting for or against alimony, I recommend having an attorney on your side.
You should contact an experienced attorney about this issue. You will want someone to review both the Decree of Divorce and the Protective Order and advise you on how those 2 orders interact. Without seeing both orders, it is impossible to tell you what you can and cannot do moving forward.
Husband and I did not live together between 2006 and 2016 never reconciled and he wants custody of second child not his he ordered child support for but he never paid cuz she's not his kid and claimed her on his taxes four yrs in a row and I want this resolved. Custody returned to her natural... Read more »
This sounds like a complicated matter where you need an experienced family law attorney. The best interests of the child test governs child custody matters. You can find lots of family law attorneys here on Justia.
My husband has anger issues, pornographery issues w/cross dressing. Is it possible for me to file for a legal separation and somehow demand that he complete therapy before having overnight visits with our kids? Also, since I make more money, do I have to pay him?
Generally speaking, those who choose legal separation instead of divorce is usually based on religious beliefs, a desire to keep the family together legally for the sake of children, or the need for one spouse to keep the health insurance benefits that would be lost with a divorce.
Hello!! I’ve really concerned about a couple things that are going on in my life right now. So, talking to a friend of mine. My concerns came up and he suggested me this place. So, I would love to ask you a couple questions and give you a little idea of what’s going on. Anyways, here is the... Read more »
That's ridiculous, unless you're abusing his name by doing something that causes him irreparable harm, orders to show cause are for emergent relief only. He may however file a motion to enforce the judgment. You should contact an attorney for a free consultation.
Legally, it will depend on the terms of the court orders. Generally, a former spouse cannot control who the other former spouse allows to be around the children, but it depends on what your boyfriend may agree to as divorce settlement. Unless you are an ax murderer, drug abuser, child abuser,...Read more »
My husband has been unfaithful during our 5 and a half year marriage, we have one child and I am currently pregnant with number 2. His car is paid off, our 2nd car is a lease under both of our names. He has a house where he is a "co-applicant" but he is on the loan and the title of the... Read more »
You should have a good strategy for your divorce case. Finding the right lawyer for that can be daunting. Most lawyers will allow you to have a free consultation to determine whether they would be a good fit for your case. Feel free to reach out to a lawyer's office to see if they offer a free...Read more »
Person files for divorce and serves them, spouse after has a lawyer serves him divorce papers under a different case that show filing after. Both cases show different petitioners. Who is the petitioner and who is the defendant as well as which case will the court or judge look at?
In this situation, the two cases should be consolidated with the court and the party to file first should be the petitioner. A motion to consolidate the cases should be filed in both cases. If you feel like you require additional help with this, you should contact an attorney to help you.
Now days, if you want a divorce, you can get one granted for about anything. If you feel like it isn't working out, you can get one on the grounds of irreconcilable differences. If you are looking to prove she cheated on you, then that would be an at-fault divorce if you want to prove that...Read more »
My ex wife's boyfriend is there everyday and receives mail at her address. Our divorce stipulation states that if she remarries or cohabitates then alimony discontinues. She denies to my daughter that he is living there despite him being there every day and night and moving out of his apartment.
Under current Utah law regarding alimony and cohabitation, you likely have to prove that she is cohabiting "in a marriage-like relationship." If it is a Utah case, you should consult with a Utah lawyer and discuss the additional particular facts of your case.
Whether or not you have to give your ex first pick to watch the kids depends on the custody and parent-time orders in your case. You need to read that order and any statutes referenced by the order to determine this issue. A quick appointment with an attorney with those documents should answer...Read more »
The legal answer is always, "It depends". Generally any income earned during the marriage is marital property, which would include any overpaid taxes that would result in a tax return refund. Consult with an attorney to discuss the particulars of your case.
My kids mom is attending school and asked my wife and I for help with childcare last year and we rearranged our work schedules at a cost to us, to accommodate her classes. This year she added some classes/ days and has again asked that we help. We agreed to help but asked that she pay $5/wk for... Read more »
The answer is likely yes but we would need to review the terms of your decree to be sure of what your responsibilities are here. You may want to take the issue to the judge since it sounds like your decree favors personal child care over surrogate and it seems absurd she would choose day care at...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.