They may be able to if the guardianship paperwork does not make provisions for you to spend time with the child. Oftentimes, the guardianship gives the guardian full control over the child. It’s likely that you will have to file with the court to amend the guardianship to grant you parenting... Read more »
Separated for at least 2 years and I have been living in another state. (TX) She lives in Georgia under a lease in my name only that I have been paying for alone which is about to end. Do I have to continue to provide residence if we’re getting a divorce?
No one has filed for divorce... Read more »
Unless you are Court ordered to do it, you usually do not. We would need more information to be able to answer definitively. Has the divorce already been file?
My bestfriend left his child's mother 3 months ago, and she's threatening him saying that if he doesn't act right in this next month, her and their daughter won't be a part of his life. He has a stable job as a store manager, spends time with his daughter, isn't abusive or... Read more »
Wow. That sounds like a tough position for your friend. If he is taking an active role in his child’s life, it is likely that the court will consider giving him parenting time reflective of his involvement.
We currently have 50/50 custody until we had to go for the final hearing. He has final say if an agreement can't be met.
The short answer is only the Judge can change the terms of the parenting plan. However, if there are concerns with the children being in an unsafe situation, the Court may excuse the other party’s failure to follow the parenting plan. It’s difficult to say without knowing the complete... Read more »
No.
While doing some research on an Aggravated Stalking and Harassing Communications against her I ran across court records that show she filed a Petition for name change and instead of listing me as their natural father she put down "ex parte" as a defendant. I tried to e-file Objections but... Read more »
No you are not correct. The court is under no obligation to pay attention to a letter. You must file a verified pleading.
There is a parenting plan in place that says the child cannot internationally travel without both parent's permission. The non-custodial parent recently gave up joint custody to move out of the country and wants the child to be able to travel to Europe. The custodial parent is aware of the... Read more »
If your paperwork says both parents have to agree and one parent does not, then the child should not travel outside of the country
Not divorced yet in progress husband has live in girlfriend and husband has never given personal property to wife since wife was locked out of the house
Most cases are issued a standing order when the divorce is filed. Was that done when your divorce was filed? The standing order often prohibits the disposition of assets. You need to speak with an attorney to help get your property protected.
How do I make this request being Pro Se?
You should file a Motion with the Court, making sure to give your reasons for why you are requesting the hearing be in person rather than virtually, like lack of appropriate technology, connectivity issues etc.
He has had a previous DV arrest in the past. If i tell him i am leaving the home with my child before i file a divorce - what can i do to make sure he does not retaliate - if he is verbally abusive not physically. I have proof of his past arrest though his record was expunged. Also proof he made a... Read more »
Wow! There is quite a bit going on. You may be able to get a protective order if you believe he is a threat to you but the court usually looks for recent acts, in addition to past acts of violence. So it would depend on how far out the last instances of abuse were. The protective order would have... Read more »
It depends. If the husband has been the main source of financial support and the wife is dependent on the husband for support, he may very well be obligated to continue to support the wife. The Court will also look at if the husband has the ABILITY to continue supporting the wife.
Attorneys fees judgement issued on 2/9/21.
What do you mean by amendment? Are you trying to appeal the attorneys fee portion? If so, usually you have to file a Notice of Appeal. The time depends on the type of case it is. If you’re asking for reconsideration or to set aside, we recommend 30 days.
Parents live in different counties. How far can mom move from dad’s residence without it being considered a hardship for the children? Where can the law be found by county that the children go to school in the district of the parent with primary custody
Wow! That’s a tough situation. Children usually go where the primary custodial parent is districted for. Moving out of district will be considered on a case by case basis.
Can a IDO apply to two different employers at the same time?
Yes and yes. The Court can consider all sources of income in determining child support.
Yes. In a modification.
We've only been married for two years and we've got a 1 year old daughter
I'm sorry to hear that. It sounds like you'll be looking at issues concerning custody. Since it's not a long term marriage asset and debt division should not be difficult to deal with. Do your medications cause any issues with your parenting?
My husband has spent the last 2 years living separately from me at a rehab facility that is faith based. He lives and breathes this place, however some situations have occurred and the lack of structure, control and a system in general to confirm the sobriety of these individuals, their criminal... Read more »
I'm not sure what your actual question is. Is it will he be able to take the child to his facility outings? If so, it depends on if it is an appropriate environment for the child, and it sounds as if it is not.
Yes but it depends on how involved the grandmother is and if it is better for the child to be in the grandmother’s custody. Call us and we would be happy to assist.
My kids’ dad found out he had an 11yr old son 2 years ago. He was told that he was not the father at first. That someone else was and he even has the other guys name. February 2019 was when he found out the truth. He is now 13 and he’s been giving his mother money since then. He also gives her... Read more »
He will not have to pay "back" child support but the mother can ask for expenses of child rearing until there is an Order in place for child support. We would be happy to assist in getting the case situated to minimize his exposure. More importantly, we need to get his child legitimized... Read more »
The House will that be legit and stand in court for wife to keep the house? Will the paperwork need to be notarized for the court to consider it? Will it even be considered or granted?
Probably not. There are issues with authenticity that would need to be considered, along with basic contract law issues. For the court up even consider it would need to be notarized and witnessed.
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