yes they can but judges dont like to have them testify, if they will testify often the judge will ask the parents if the kids can talk to the judge without the parents present, it takes both parties to agree to that otherwise the kids get on the witness stand and both parties hear what they have to...Read more »
We have been trying to co-parent for three years and in that time the condition of his home has been unfit for the children. I have informed him several times to fix issues for the children and he tells me they are but they are not fixed. Told him if not fixed we would go to court. Here we are and... Read more »
What you really need here is for the court to appoint a guardian ad litem who can go visit both homes and speak with the kids and report back to the court. These usually cost money but sometimes the court can find someone to do it for nothing if you both cannot afford one. it is pretty impossible...Read more »
Other parent has been around there whole life but his living conditions are why we are in court after warning him several times to improve them or we're going to court. But I am the bad parent for keeping them from him for 3 months until we went to court? Their 8 and 9.
in most Maine courts during covid hearings are conducted via the zoom video conferencing platform. Preliminary motions and conferences are being done by telephone conferences. At some point your case will have a pretrial conference and you will tell the judge or magistrate how many witnesses you...Read more »
Your ex cannot do this unless the court order you have (if you have one) says he can. You should keep seeing your children and if your ex chooses to deny your visitation you need to file a motion with the court for contempt or to enforce. ultimately it is up to a judge to decide whether or not your...Read more »
You can write your own settlement agreement and send it to the court. if the courts accepts it it will make it part of the divorce judgment. Before sending in the settlement agreement i would suggest you have a family law attorney review it, especially if you have minor children and/or real estate...Read more »
Back then we said we will have the business and the building 50-50. We spend a lot of money to make it restaurant because was offices and the top floor we made it apartment with bathroom and everything. She never paid a penny before we got married she just get the loan on her name before and... Read more »
it sounds like you certainly have an interest in the real estate and business. Even if the land was purchased by her before the marriage any increase in value of the real estate due to marital effort would be considered marital property. you should get an attorney to represent you in this regard....Read more »
In Maine you cannot "sign over rights" to a child. You can pursue an adoption proceeding if it is consented to. You can get the forms from the probate court, the people working there are usually very helpful. i believe they will want fingerprints from the adopting person to do a...Read more »
i cannot answer your question accurately with the information you have provided me. First and foremost how old is the child? if the child is less than 2 things will be much easier for you. You said you signed the child support. i dont know what that means. Did you sign the birth certificate or is...Read more »
The son took the safe out of house 2 days before his father died refuses to tell her if there is a will She is 81 And can’t afford d a lawyer what r her rights the house did belong to her husband but his son took deed over before he died son claims
I agree with attorney Eccher. I also agree she should contact the organizations he mentioned. Serving a notice to quit and winning at court are two very different things. The son would have to prove that he is the owner of the house and that proper procedure was followed. Given the back up in the...Read more »
She lives in Maine with my ex mother in law. Shes lived with her for 11 years, but has no biological relation. All of my daughters family is in Illinois and she wants to be with them. Her guardian will not let her move back or even visit. What can she do? Does she have any rights or say in where... Read more »
your question raises several questions. When you say move back with bio family what does that mean? Her parents or a parent? When you say she has a guardian was this done in probate court in Maine? if so then a parent or some other family member could file a petition to terminate the guardianship....Read more »
You should file a motion to modify and a motion to enforce. Both forms are available online at the maine judicial website under court forms or you can pick up the paper forms at any courthouse. You should do this immediately as the child support will only go as far back as when you serve your ex...Read more »
You will have to file a motion for alternative service if you cannot find her. Do you have her email address, one that she responds to when you email her? if so you could ask the court to order that service by electronic mail be deemed ok. you will need an affidavit from the sheriff that he/she...Read more »
If you are just going for child support you will have to present some information to the court as to what his income is and what your income is. they will also need to know cost of daycare if any, cost of insurance for the child/children only, and if there are any extraordinary medical expenses for...Read more »
We made an agreement 3 years ago that if I moved to Maine my son's father only had to pay me $20 a week in child support. We have lived in Maine now for 3 years and $20 a week is nothing and I pay for everything. Can I bring him to court for a child support increase in Maine now, or am I stuck... Read more »
The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to...Read more »
i would love to answer this question but it is really vague. i dont usually hear a court "requesting" any thing. Courts usuallly issue orders which are not requests. if you can explain in more detail what is happening then i might be able to give you a better answer.
My ex wife is taking me to court. My second child was born after our divorce , we never had agreement signed for child support. I've been paying for my first child all this time through the court order and gave money towards my second child's needs, but now after 11 years she wants back... Read more »
she is not entitled to back child support for the second child. First she has to prove it is your child. if she wanted support she should have filed a petition for determination of parental rights to have you determined as the father.
My dad recently passed, his estranged wife has served me with an eviction notice. For the last 4 years I have lived with my Dad and been his sole care taker (I moved my entire family into his home to care for him). I am even his proxy for VA and SSI. He started the divorce proceedings but because... Read more »
First you need to see if he left a will. if so did he name a personal representative, if he did it was probably his wife unless he changed his will after filing for divorce. Second you need to check how the real estate was held ie joint tenants or tenants in common. If joint tenants as most people...Read more »
DHHS became involved due to my bf's criminal record. He has nothing against children. My son is 11 has been with me all his life. I gave his dad sole R&R so DHHS would leave. My son refuses to live with his dad. He wants to runaway and has become really depressed. What repracations am I... Read more »
you can file a motion to modify the order giving the father sole parental rights to change the contact provisions and primary residence etc. you will have to show something has changed since the order giving sole rights to dad. That would be your son's reaction to living with his dad. Of...Read more »
It is hard to tell you exactly what your options are without seeing the divorce judgment but generally spousal support awards can be modified if there has been a substantial change of circumstances. if you elect to retire and that decision is reasonable, especially if you have health problems or...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.