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My son is 12 and he wants to move with me I have texted messages from him telling me he wants to live with my that his dad is drunk all the time and that he lied to the judge. I need to know what kind of evidence do I need. Also if the judge looks at passed how come he didn’t do anything about my... View More
answered on Feb 28, 2020
You have raised some valid concerns regarding dad's living situation. The court will consider the totality of the circumstances in making a determination of custody. Evidence entered in a custody case comes in many forms: photos, text messages, testimony, etc. You will need to gather as... View More
Credit card company with not take me off the account because he can't hold the account on just his credit. He refuses to close the account so I am no longer linked to it. The balance is zero at this moment
answered on Feb 27, 2020
Unfortunately the credit card company does not have to honor the language in the divorce decree. You should have the order reviewed by an attorney for specific advice on what remedies you may have based on the language in the decree.
I have helped with financial decisions home improvement and paying bills. Am I entitled to a settlement?
answered on Feb 26, 2020
Not likely. Unless your name is on the property, your voluntary payments toward bills and improvement outside of a marriage will not entitle you to any ownership interest in the property.
Can they get in trouble for fraud?
The child's father recently passed away and the child has not seen him or his family in 5 years.
answered on Feb 25, 2020
The paternal grandparent can petition the court for visitation. The court will determine whether it is in the child's best interest to grant the visitation.
He is court ordered to pay exwife child support. Can she request back child support when the children doesnt live with her and havent in a while now?
answered on Feb 25, 2020
It is very possible that he can be ordered to pay child support arrears for the time that the children were not living with the ex-wife. He should speak with an attorney regarding modifying the order if the children are now living with a third party.
answered on Feb 24, 2020
You would need to speak with a probate attorney to discuss your options. Your next steps will greatly depend on the nature of the assets that your father left behind. My condolences on your loss.
About two years ago my wife became the legal guardian of her sister's son. After a while he became a handful and too much for us to handle. My wife and her sister have filled out the necessary paperwork to return guardianship but haven't heard anything these past three months. Is there... View More
answered on Feb 21, 2020
You can relinquish/terminate your guardianship. If you have already filed the necessary paperwork with the court, you can set the matter for a hearing to move the process along. I do recommend contacting an attorney to assist you with this to ensure that the child is returned to his mother and... View More
We been married91/2 years and its been an abusive situation for at least half of that he and i bought and rebuilt this home together but only his name is on it
answered on Feb 18, 2020
You can ask the court for exclusive use and possession of the home on a temporary basis in the divorce action. You may also be entitled to support. You should discuss your specific situation with a divorce attorney to determine your options.
He is being verbal abused and possibly physically abused. I am stable and can support him
answered on Feb 17, 2020
He will need the consent of his guardian to move at anytime prior to his 18th birthday.
Custodial parent moved to another state, our custody agreement (for after the move) was filed in my (non custodial) state. She has willfully withheld my child on several occasions and I want to file a contempt petition. Do I file in my state where the order was made/filed or in the state she... View More
answered on Feb 17, 2020
You file the contempt action in the court where the order was issued.
I haven't went to court to obtain rights to my daughter.. Can she take my daughter with her if I tell her I'm not okay with her taking my daughter??
answered on Feb 17, 2020
Yes, she can. You need to act immediately as time is of the essence. You need to file a petition for legitimation and custody. Otherwise, you have no rights to the child and she can leave the country with her.
What is a petition for dependency and what should I do ? My children do infact live with her because she begged me to allow them to , but her son is only the father of my oldest child yet he signed off on a birth certificate for my youngest child who isn't his , he also lives with his parents... View More
answered on Feb 16, 2020
You need to hire an attorney. A petition for dependency typically alleges that the children have been abandoned or neglected and are without a proper guardian. It can significantly affect your parental rights.
I need her to have her dads name
answered on Feb 16, 2020
You can file a name change petition or the biological dad can file a legitimation action to change her last name.
He also has an attorney and getting paid under the table. I need help on what to do. He owes more than $22k in back support and trying to make deals, saying hell start paying 350 a month if i cancel half of the back support. Which is crazy, he lies and cant be trusted. What can i do? He puts... View More
answered on Feb 14, 2020
I agree with attorney Edwards. You are not likely to get any results until you hire an attorney and file for contempt. He can be incarcerated until he pays a significant purge payment.
answered on Feb 14, 2020
You will need to file the petition for divorce, verification, acknowledgment of service, settlement agreement, proposed divorce decree and a consent to try in 30 days to avoid any delays in issuance of the divorce decree.
Do I have to submit to my son having a court ordered DNA when my son is almost 3
answered on Feb 14, 2020
Whether you will be required to submit to a DNA test will depend on the judge. Some judges will not grant a legitimation without DNA testing, but most will if there is no issue of paternity. That is where neither party is contesting that you are the biological farther. In order to establish your... View More
This is related to child support. The mother had lost custody and has regained it and immediately filed for child support. A friend called to let me know that I was on a docket for court on Monday but I have received no notice and no information about this... How do I find out what is true and what... View More
answered on Feb 12, 2020
You can check with the clerk of court where the action allegedly took place. If there was an order issued against you and you were not properly served, you need to consult an attorney to discuss having the order set aside.
My ex wife has been holding on to receipts for years and has just recently put them all together and wants me to pay in the next 10 days. She sent me all the receipts since 2017 totaling about $3300 about 2 weeks ago then had an attorney send me a letter stating that if I did not pay in 10 days... View More
answered on Feb 12, 2020
It depends on what the order states. If there is no time limit in the order, then she can hold on to them and submit them later as long as they were incurred during the time period supper was due. However, a judge is not likely to hold you in contempt under those circumstances for not paying in... View More
I want to file for a divorce, but I can't afford the retainer fee or any other fees.
answered on Feb 12, 2020
These are county by county guidelines. You will have to apply at your specific local legal aid office to determine your eligibility for services.
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