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answered on Nov 5, 2018
No, it doesn't. Nothing happens automatically anyway. If either of you were to apply for a modification it is possible it could change based on current circumstances, but, even still, if she is voluntarily unemployed the court can impute her income to a level she is capable of earning.
answered on Nov 2, 2018
Yes, but it may affect his visitation. If nothing is provided for in your order, with respect to a move, you may want to consider filing a custody modification action.
what information do the courts look at to determine who was the primary care giver of the child?
answered on Nov 2, 2018
Regina hit the nail on the head. Straight from the code.
Hes had his son for 4 months now and mother has an open dfacs case and only has one out of her four children.
answered on Nov 1, 2018
He can get placement of the child if the child is removed by the court in a dependency proceeding, but he cannot get "custody" of the child until he legitimizes. He needs to talk to counsel ASAP about getting this taken care of.
I haven't heard back from my lawyer and there is a deadline around the corner. Can I file a Motion for Reconsideration for my case?
answered on Oct 31, 2018
No, you cannot file if you have an attorney. You need to speak with your attorney or terminate that attorney and then file.
My sons dad never wants to return him. I go through so much trying to get him back. He misses crucial therapy sessions because his father doesn’t return him in time. I’ve filed several police reports for interference and I have text as proof that he refuses to return him. Can’t afford a... View More
answered on Oct 29, 2018
Agreed. If you withhold you are damaging your case against him in a contempt. Document everything and pursue the contempt to enforce the order.
11 year old wants to live with us now due to emotional abuse at home. Her mom doesn't want her to move because she relies on my child support payments for her other kids. If I agree to not change the child support right now and we file it with the court, can I take her to court for child... View More
answered on Oct 26, 2018
I agree. That agreement means nothing without an order. You need to go get the child and file to modify custody and support.
My partner and I live together for 20 yrs and have 4 kids together. He has no job and income since 2002. I have been supporting his bills for 13 yrs. In 2014, I bought a land and built a house on it. I contributed 100% toward the purchase and added his name to the deed. After a year, I ended... View More
answered on Oct 23, 2018
You cannot simply remove him from the deed. He would have to execute a deed in order to do this. Even if he did, the bankruptcy trustee may see this as a fraudulent conveyance and come after it for that purpose. He doesn't have to contribute anything to the asset to own it, which he... View More
answered on Oct 23, 2018
I don't know that any formality is necessarily required. A simple statement by the named executor, notarized and filed with the clerk's office ought to do it.
answered on Oct 22, 2018
Depends on the county, what you are modifying, and what the local standing order requires you to do before getting a hearing. Talk to a local attorney about this in more detail.
Father was given custody on grounds of " abandonment" , because I sent my son to Ohio, with my mom to go to school for a year. Temporary guardian ship papers were notarized, judge won't recognize them as valid. The paper work was finally received 3 months after court, and says... View More
answered on Oct 22, 2018
You should probably get an Ohio attorney to look at this if it happened in Ohio.
My husband clearly has some sort of mental illness, and even he admits that (delusion, paranoia, mood-swing, and etc.) but he absolutely refuses to seek for help because he thinks getting professional help or getting diagnosed with mental illness will make him lose the custody of our kids when we... View More
answered on Oct 18, 2018
It's hard to say what impact it could have on your case. Mental illness alone will not preclude visitation. How he addresses his mental health is what is important. Talk to a local attorney about representation in the divorce to see what they can do for you here.
answered on Oct 18, 2018
You both have equal rights to the children at this point. Filing a divorce and establishing a parenting plan is the only way to get guaranteed visitation time. If you are opposed to the divorce, you could file for separate maintenance and effectively do the same thing. Check with attorneys in... View More
For example, holding a parent responsible for expenses related to missed court-ordered visitation.
answered on Oct 17, 2018
They can. Not everything in a parenting plan has to be spelled out in the law. There simply isn't a law for everything.
answered on Oct 17, 2018
There is no minimum threshold to qualify for alimony. If the court orders it, either temporary or permanent, you will receive it when the order says you will receive it.
My husband filed to legitimize his son & sole custody. Dfacs has an open case on mother and the judge awarded Dfacs temp. Custody on the 9th. Our hearing is not until 11/13. Dfacs has placed child with moms xboyfriend and new girlfriend. Mother has consented to legitimation and custody.... View More
answered on Oct 16, 2018
No one can answer your questions without knowing more facts. He needs to retain counsel to represent him in the juvenile case. It is possible he could get visitation rights, but he needs someone fighting for him. Contact a local attorney today to discuss this matter.
answered on Oct 5, 2018
You're obligated to pay support and you don't have to be divorced to establish child support. Her being violent with you means nothing in a child support case. If you want a divorce, you need to speak with counsel about filing for divorce.
Good Morning, I am conflicted about step parent rights and boundaries regarding my daughters step mother. We've had a very strained relationship over the past several years but have made every effort in the book to be civil and co-parent with no luck. I completely understand that the role of a... View More
answered on Oct 4, 2018
She has zero rights with respect to your child. If this continues to be an issue, you may want to consult with an attorney about a custody modification.
answered on Oct 4, 2018
No, you do not have the right to clear out the account. If you anticipate filing for a divorce, the court, once you file, will hold you to the standing order that goes into place once the case is filed. Generally this orders requires you to maintain the status quo until the case is complete. If... View More
answered on Oct 1, 2018
There's not enough information here to answer your question. Contact an attorney and discuss this issue in more detail.
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