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answered on Nov 3, 2020
I'm a little hesitant to answer this question as I'm not certain what you mean you say "calendar court," and because each county does things a little differently. That said, what I think you are referring to is simply the date where the parties come before the court and pick... View More 
Ex is behind $14,000 per our divorce decree and never took any of his visitation.
answered on Oct 28, 2020
I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.
To the extent he isn't paying, any efforts on your part to have... View More
I recently went through a custody case. The Judge did not make a decision on several factors from the bench and instead sent his decision through email to the attorneys. I have found several errors between what decisions were made from bench and what the paperwork states. My attorney did not allow... View More
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answered on Oct 27, 2020
If you received a paper order and it is signed by the Judge - that is what the Judge ordered. Mistakes do happen occasionally and if so, that would likely be something you'd need to address directly with your attorney but it is unlikely you would be allowed access to e-mails from a Judge to... View More
answered on Oct 24, 2020
If you move out before the age of 18 without an order from the court that you are emancipated, your parents can have you declared an undisciplined or runaway juvenile and have you returned to the home by law enforcement. Or they can do nothing but since you're not 18, you can't get a job... View More
He is 20 years old. Very convoluted family. Mother goes to him for everything bypassing other adults in household. From shopping, to friendship, to help parenting other children, and specifically rejecting help from other adults in the house
answered on Oct 23, 2020
I don't think I can provide an answer here as this doesn't appear to be a legal issue. While still young, this person is a 20 year old adult and can make their own decisions about how to interact with their family. If there are issues in this household, it would appear appropriate to... View More
My parents will not let me leave. I live in NC, I am 16 with a job. I have a place to go. I have read that I need to be moved out and have lived in that location for a certain period of time before being emancipated, is this true?
answered on Oct 23, 2020
Technically no. Although it helps. Here's an article that I wrote with all the details. https://averettfamilylaw.com/?s=Emancipation
Their mother lives 2.5 hrs away. I know getting my ex to agree to allowing the move would be easier but can she stop me from moving??? I'm not going to deny her from the set visitation schedule, will just be in a different part of the state, same distance.
answered on Oct 22, 2020
If an existing custody order is in place, it is imperative that you continue to comply with that order. If the mother of the child opposes the move, then she could petition the court for a modification of the existing order. The mother would then have to prove that (1) there has been a substantial... View More
I am a teenage mother my child was born out of wedlock me the mother and the father are on the child’s birth certificate.
Me and the father are no longer in a relationship. I want to know what rights does the father have as far as visitation and custody to my newborn? With me being the... View More
answered on Oct 20, 2020
Absent a court order that prohibits who can be around the child, or where the father can go with the child, you don't really have any say in what the father does with the child. And without a court order, either parent can deny access/visitation to the child.
The best practice of a... View More
Is it legal to force a parent to stay in current state even though they got a job in another state. I got a good paying job with benefits in another state but now my husband wont leave our current state so we can live close to each other to share custody over your son. We are still married and have... View More
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answered on Oct 16, 2020
Of course it is legal - you don't get to dictate to or force someone to move just because you got a job out of state or are married and have a child together. If you can't come to a fair agreement together essentially you will have to decide to stay or go and involve the court to decide... View More
She is a runaway, and she is 17 years old. We passed the home check, and the social worker approved her staying here but the judge did not.
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answered on Oct 12, 2020
You have not provided enough detail to answer your question to any meaningful degree. You need to consult with a local family law attorney who can review the situation in detail and lay out your options for you. However, as a general rule, if one Judge already said no, your odds of getting that... View More
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answered on Oct 11, 2020
No.
I am disabled I am having to pay for my daughter college I can’t get help from her mother I just lost her check so I lost over 900 dollars a month can’t do it by my self
answered on Oct 11, 2020
If you don't have an alimony claim pending PRIOR to a divorce, then your claim is going to be completely barred. In other words, you must have initiated your alimony claim before the divorce is finished if you want to pursue it. Unfortunately, unless I'm reading your facts wrong, it... View More
Yes, I know this may seem like a BS question but I swear I'm not lying. Through a streak of luck, I've managed to place myself in a position where I can own a software company that nets over half a million annually, while taking a ~20% cut. I do not want to file for emancipation if possible.
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answered on Oct 11, 2020
Your parents are legally responsible for you. So you would likely need to get emancipated or your parents may get into trouble for not properly taking care of you and you could expose them to additional liability for your actions if you screw something up the way a 15 year old child is apt to do.... View More
We have been legally separated for roughly 5 months and he has signed a Free Trade Agreement. Currently I have the house and pay everything but I want to refinance it to my name and pay him off of the loan. Are there any specific legal documents or procedures I need?
answered on Oct 5, 2020
The only document that you would NEED is a deed prepared that conveys his interest in the house to you. However, I also think you would WANT a Separtion Agreement, which would set forth the terms of a potential buyout and would fully resolve all of your remaining property claims (as well as... View More
the mother has sole physical custody (I was inthe military, and live 500 miles away), but we have joint legal custody and I have visitation rights. she informed me today that her and our daughter are moving 1003 miles across the country with the mother's boyfriend. the mother is pregnant by... View More
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answered on Oct 2, 2020
Typically it would be improper (and may even be a crime) to move out of state with the child without consent. If you have had either court orders and/or formal agreements put in place and if they were done properly, they should have addressed this issue and what terms either of you could move out... View More
I can't afford an attorney and the process would take a while, how could i go about this in a quicker manner
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answered on Sep 29, 2020
In order to be emancipated, you need to prove to a Judge that you have the financial ability to properly take care of yourself (among other things). If you can not afford an attorney - you likely can not meet that burden of proof. Also, you will effectively be emancipated at 18. The closer you... View More
They're in foster care and they want to adopt them
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answered on Sep 29, 2020
DSS likely can't force him. Typically, for his parental rights to be terminated, he is entitled to a hearing and a Judge will decide. Of course, if he hasn't done anything to get the children back in the last year and a half, his odds of being successful are likely not good. He needs... View More
I’m trying to determine if Worksheet A or B should be used to determine the amount of child support I pay. Based solely on the weekly custody schedule in my consent order, my sons spend 120 overnights with me/year. But if you factor in holidays and vacation time also defined in the consent order,... View More
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answered on Sep 27, 2020
A properly drafted consent order should have already properly calculated child support. However, what worksheet you use is based on what type of custody you have. Since we do not know that, we can not answer your question. You should likely consult with a local family law attorney if you want to... View More
A paralegal that she has the upper hand and that everyone in the courthouse is in her back pocket.
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answered on Sep 25, 2020
Most people who think of themselves as 'paralegals are really nothing more than administrative assistants at best and secretaries / receptionists at worst. However, bonafied paralegal or not, she likely does have some upper hand due to her potential connections but it is highly unlikely... View More
There was a situation that escalated recently requiring a call to DSS for a welfare check. What are the rights of the child? The parent fabricates situations and lies to DSS making things look totally different saying it is just discipline for a teenager. Shouldn’t DSS question outside sources... View More
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answered on Sep 24, 2020
Typically when a child is being abused - it is obvious. Especially to people trained to detect it. If DSS investigated and are satisfied there was no abuse, then more likely than not - there was no abuse. So likely your issue is simply some dislike of the parent and your view of the... View More
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