Dawn Renee Gould's answer It depends upon what your court order states regarding custody/access and moving. If you have custody/access and her move disrupts/hinders it, then you can file contempt because your access/custody rights have been violated. Carefully read your court order. If you don't have a court order, I would file for a custody order.
Dawn Renee Gould's answer No attorney can guarantee what a court will do. Custody involves many factors and it also depends upon what is testified to at trial by you, him, and witnesses, if there is a trial. Much more information would be needed to assess the probability of you getting court ordered physical and legal custody. You may also try to resolve it through agreement rather than litigation. An attorney can draft a custody agreement and see if he signs it, then file it with the court. But again, too many...
Dawn Renee Gould's answer That's really a loaded question. It depends upon what your custody agreement states regarding access/visitation. If the mother of the child has tie-breaker regarding access/visitation then yes, she can file contempt if you don't bring the child back, again, depending upon what your order states. Additionally, if the child misses school without the mother's permission and the child is in your custody then that can be seen as an additional cause for contempt. An attorney may better assist you...
Dawn Renee Gould's answer Yes. You can file a motion to modify child support but be prepared to prove with evidence that the child is no longer staying the requisite overnights. As a cautionary measure, I would also file a motion to modify custody. The courts may very well not modify child support until the custody is finalized, additionally, you wouldn't an order for custody with joint custody if that's not what's occurring. Child support and custody are always modifiable and you need to prove that a material change...
Dawn Renee Gould's answer I would file for divorce ASAP so that you can serve him while he is still living here. He will then have to return here for any and all court dates. You can file for a limited divorce if you don't meet the grounds for an absolute divorce and then upon meeting any ground for absolute divorce, you just amend the original pleading.
Dawn Renee Gould's answer You can do that yes. Most attorneys also have contacts with private process servers to serve papers which isn't as "shocking" as having a sheriff show up. Private process servers often cost the same as a sheriff ($40 +/-)
Dawn Renee Gould's answer Not true. If the child is 18 and still enrolled in school, then yes, but once the child turns 19 your obligation stops. HOWEVER, if you have a court order to pay, it does not stop automatically, you should file a motion to terminate child support based on the fact that she is 19. If you have an agreement between the two of you and NOT a court order, then you pay according to your agreement, you can still file to set aside the agreement though.
Dawn Renee Gould's answer This is the link for the brochure on how to expunge records. You can also hire a lawyer to do it for you. More often than not, it's just filling out paperwork and filing it with the court agencies.
Dawn Renee Gould's answer If a Judge didn't sign an Order, then you don't have an Order at all. If you signed an agreement with your ex, then whatever the agreement states, is what you need to abide by unless you file to strike the agreement. If you don't abide by it or even if he doesn't abide it, one or both of you can file contempt for violating the agreement. By law, both parents have a right to access medical and school records. Legal custody means the right to make decisions on the medical care, not the right...
Dawn Renee Gould's answer If the Judge ruled on the record then that ruling is an Order. However, your question is very vague. The ruling could've been only a ruling on a certain issue which means that all other orders are still valid regarding other issues. Your question is lacking too much information to truly tell what occurred.
Dawn Renee Gould's answer Typically, an Order of Default is granted in these types of scenarios but also the other parent may show up for the hearing, even though the other parent didn't file an Answer. Regardless, testimony will be taken a the hearing and the Judge will make a ruling based on the testimony and evidence.
Dawn Renee Gould's answer It's probably prudent to file for custody prior to moving. However, without a custody agreement, you are free to move anywhere. The risk that you run if you move with your daughter is your husband filing for custody and then you'll have to return to MD to defend the suit. You said that you are separating so a custody agreement can be part of your separation agreement and if he agrees to all property distribution as well then you won't have a waiting period to get divorced.
Dawn Renee Gould's answer Paternity is never irrelevant. The father can always ask for a paternity test when the child is born. He can also just sign the Affidavit of Parentage which legally recognizes him as the father. You cannot get child support until the child is born and you cannot start the process for child support until the child is born. Once the child is born, you can file for custody and child support, but only after the child is born and only after the father agrees that he is the father. By law, a...
Dawn Renee Gould's answer If the ground for divorce occurred in Maryland, you need only be currently living in Maryland at the time you file for divorce. Where the grounds for divorce occurred outside Maryland, you or your spouse must have lived in Maryland for at least six months before filing your divorce complaint.
Dawn Renee Gould's answer It may affect your payments but it depends upon what your Court Order states. Additionally, your ex would have to file to modify the payments and then the Court would hold a hearing to determine the accurate amount based upon the calculations.
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