It really depends on the facts of the case and how parenting time could be restructured. It is very possible that ending summered in California would reduce parenting time enough that the court would consider it a modification of custody, which would likely necessitate showing endangerment.... View More

If never married, and there is no adjudication of paternity, the mother has sole physical and legal custody. The father has no child support obligation and no right to parenting time, unless and until a court orders it.

If the issues is not addressed in the decree, IRS rules govern. The parent with the child the majority of the time gets to claim the child. If both parents have equal time, the parent with higher income claims.

You could bring a motion for custody as a de facto custodian, if you’ve cared for the child at least six months in the last 24 (need not be consecutive), however the statute also requires that you be the “primary” caregiver. If the child is with you on weekends and with mom during the week,... View More

It isn’t generally handles as a contempt issue at this point. You would bring a motion to enforce the decree. If she still withholds her, you could then seek contempt.

You can also ask that she be ordered to pay your attorney fees.

Unless and until you stipulate (or the court orders) otherwise, the divorce decree governs. She cannot get additional back support and you cannot count voluntarily payment of expenses toward support.

If you can trace it and keep it in a separate account, it would not be considered commingled.

Unless you need to pay down the debt now, it may be beneficial to wait until after the divorce is finalized.

It would be the midweek schedule. That is specifically differentiated from years when July 4 falls directly adjacent to a weekend.

It depends upon the language of the Judgment and Decree. If it says nothing, you are generally free to take them. The Decree may still require you to notify the other person and provide contact information for everywhere you’re staying.

If there is no court-ordered custody or parenting time, dad has no legal rights to time with the child.

If he is adjudicated the father, generally yes.

I am assuming that child support was formally established via a paternity order. Did the order also grant parenting time? That will control what you can and cannot do as well as how much time you have with the child.

If there is no paternity order (and child support is thus informal), you... View More

There is no prohibition on such overnights, so they are allowed. The question is whether they are advisable.

Your info says you are in Indiana, so Minnesota law isn’t applicable.

That said, in MN, if he has court-ordered parenting time, you cannot move out of state without his agreement or court order.

Yes, the other possible father could bring a paternity action. Signing the ROP is not a legal adjudication of paternity.

Yes. Only a spouse has a statutory right to inheritance.

Mediation is non-binding. Unless you signed an agreement that has been entered by the court, nothing has changed your ability to schedule such appointments on your own.

It sounds as if you were never married. Was there any adjudication of paternity? If not, he has no right to claim her.

Going forward, the judge can award the exemption to you alone. Based on what you’ve said, that seems appropriate.

If the decree doesn’t address taxes, IRS... View More

You bring a motion in court asking that the parenting time schedule be modified.

You are not obligated to pay anything not ordered by the court. If the agreement was voluntary, you can stop the payments at any time. You may also suggest that she use the overpayment to cover camp going forward.

I do family law, not criminal, so I cannot address that question.