Gregory William Liebl's answer The answer depends on whether there is a court order in place and whether or not 50 miles away puts her outside of the state of North Dakota. You will want to speak with an attorney further about this to get you pointed in the right direction.
Gregory William Liebl's answer The short answer to your question is "yes, the biological children your husband does not share with the obligee are taken into consideration." That being said, it is not a dollar for dollar "match." In other words, your husband's child support obligation may still go up even though he has two other children that will be considered in the calculation. You should contact an attorney to help you through this process.
Gregory William Liebl's answer There is never a guarantee that you can obtain custody over a child that is not yours. That said, you have several options to pursue and should contact an attorney to discuss whether custody is the best route for you to take. Some routes are more difficult and expensive than others and your lawyer will need to know more about your case before you choose which route is best for you.
Gregory William Liebl's answer Like most legal answers, it really depends. What state are they living in? Is there an Order/Judgment in place? In North Dakota, if there isn't anything in place, he has as much of a right to the child as the mother does. That being said, he should not keep the child from her. There are different legal avenues to take to address this issue, which is fairly common. Contact an attorney to follow up on this and how she can handle this situation, legally.
Gregory William Liebl's answer The answer is "it depends." Is there a Judgment? What does the Judgment say? If there is no Court Order/Judgment, then the father should have as much of a right to the child as the mother does. You should contact an attorney as this situation is very fact dependent.
Gregory William Liebl's answer It never hurts to consult an attorney. The laws on moves out-of-state vary between states and so it is important to know where he brought his motion. You should probably call an attorney in the state he brought the motion to see what your options are.
Gregory William Liebl's answer According to the plain language of the statute in ND you could leave without his consent or a court order. As a practical matter; however, it is a good idea to get his permission or a court order regardless. This is because, if you leave without his permission he may bring an action for custody/visitation and make a motion for an interim order, bringing the child back to ND, and you would have to deal with it all at a later date anyway -and from a much greater distance away. This can increase...
Gregory William Liebl's answer The answer is, "it depends." If you truly have a legal separation with a "judgment" or "order" for legal separation that was filed by the court you are to follow the Court's directive. In other words, you have to follow what a Judgment says.
Gregory William Liebl's answer The answer is largely dependent on what has happened in the last eight years. Also, if he has lived in Washington for that long, it is likely that state has jurisdiction according to the Uniform Child Custody Jurisdiction and Enforcement Act. That means any legal action would likely need to be brought there. Please contact an attorney.
Gregory William Liebl's answer The short answer is that it probably won't affect your custody case, but a lot of other variables can come in to play. If it is truly 10 years or older, you may even be able to keep the judge from hearing about it under the North Dakota Rules of Evidence. You should still seek out an attorney so all of the variables regarding this issue can be explored and explained.
Gregory William Liebl's answer In North Dakota you need the other party's consent or a Court order to move, if there is a custody/visitation Judgment giving him time with the child. This being said, I would proceed with caution and consult an attorney before doing so. There are some potential risks to taking off prior to getting certain issues resolved.
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