Custody of her. The court ordered visitation specifies that her dad gets to see her for 1 hr a week in my home. My home is currently in Oregon her dad is in Ohio. The court order is from when we all lived in Ohio. I allowed her to spend 3 weeks with him in... Read more »
Did your custody order allow you to move out of state with the child without the father’s agreement or court permission? That would be unusual. You can file for contempt in Ohio in the county where the agreement was filed.
The attorney does not have to be in the same county, but must be willing to travel to your county. The attorney will bill you for that travel time, so it will cost you more than if you get a local attorney. A local attorney will know the folks at the local court and be more familiar with how they...Read more »
The guardian ad litem filed no contact order for my daughter and i stating i was mentally unstable and on drugs which im neither and she never even met me i have never seen her or anything ahe just told the magistrate that from the word of my exwife
He said he doesn’t owe it to me because while we were separated and the divorce was not finalized he was giving me support money out of the kindness of his heart. So we should be equal or I should pay him back for doing that. Is that true?
Money given directly typically does not count toward the child support obligation, but is considered a gift. But it depends on the temporary support order in effect during the divorce, and what the court ordered for support when the divorce was finalized, and how it required him to pay , either...Read more »
A spouse can receive one-half of the value of a retirement account accumulated during a marriage. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the facts and circumstances and advise you.
Small claims court does not handle that. File a motion in the domestic relations court that handled your divorce, to have the ex held in contempt. Use the Find a Lawyer tab to retain a local family law attorney.
I'm getting divorced end of the week and my witness has COVID and can't attend. It is an uncontested divorce since we agree on everything and we will both be there. Do I have to have a witness to be granted the divorce if the defendant is present and in agreement?
If both spouses are present, and both testify to the grounds for divorce and advise the court they want to terminate the marriage, then no other witness should be required, and the court should grant it, although it depends on your local court and ultimately the judge decides. But if the defendant...Read more »
Right now divorce is not on the table, they are receiving separate counseling. My father is volatile, and I would not like her to be caught off guard. What are some things she should keep in mind going forward if my father tries to surprise her with divorce papers?
That is a conversation she should have in private with her attorney. Too much depends on the specifics of her situation - finances, age, health, employment, etc. She should use the Find a Lawyer tab to retain a local divorce attorney who can meet with her to discuss her situation and how she can...Read more »
If your husband agrees to do so, you can deal with parenting issues in the divorce. If not, or you prefer not to, you can deal with parenting in juvenile court. You should consult an attorney in your county to determine your best option.
We are splitting up. I want to be as fair as possible in everything, even though I had asked him to wait on selling the house for one year and he refused. I have a realtor coming over in a little while to see what we can do. The house is valued about $30k over what we owe so we would both get a... Read more »
A husband cannot sell real estate unless a wife also signs. It doesn't matter that only his name is on the mortgage. So you can prevent the sale, unless he sells it for a price to which you will agree, and you agree on how to split the sale proceeds. If you are splitting up by divorcing,...Read more »
You will have to prepare a child support worksheet with all required numbers. On the deviation line you put the amount owed as a downward deviation. You will then have to explain why you are deviating to zero in the agreement, whether a shared parenting plan or a separation agreement. The...Read more »
You can prepare a one-page document with your case information at the top. In the body put, “ Now come Plaintiff and Defendant and hereby voluntary dismiss the divorce and counterclaim.” Put signature lines and both sign.
Divorce is nearly complete, but suddenly my ex wants psych evaluations. This would include himself, his live-in girlfriend, and me. I’m fine with this, but he also wants my new boyfriend to undergo it. We’ve been seeing each other a month and aren’t living together.
I can only speak to Ohio, and it looks like you may live in another state. It is unusual for the court to allow psychologicals near the end of the case. It would be extremely unlikely for the court to consider an evaluation of a boyfriend. This is especially true if the boyfriend has no known...Read more »
There is no way to answer without reviewing the situation. Use the Find a Lawyer tab to retain a local attorney to review the land contract and the divorce decree and advise you of the payment obligation to your ex-wife.
You can make a claim for any increase in the value of the house because of your repairs, but the court will decide if you get any. Use the Find a Lawyer tab to retain a local divorce attorney to review all the facts and advise you.
The court filing fee is about $300 to 400. If an investigation is required to determine parenting issues, then several hundred more. Legal fees for an attorney could be from a thousand, to many thousand, depending on what happens. The process takes at least a few months, and can take up to a...Read more »
we go outside of the court system for visitation. I have our son enrolled at school with me. I have him on my welfare case and medicaid. I let his dad come get him when he doesn't have school or for a holiday. He told me the other day that we won't let me have him back. Please can I have... Read more »
If there is no court order for legal separation or for parenting, then you will have to file with the court to start that process. Living in two different states will make it more complicated, time consuming, and expensive. Use the Find a Lawyer tab to retain a local divorce attorney who can...Read more »
Parents have superior rights. Your other parent could seek custody but must show a change of circumstances since custody was given to mother and that it is in your best interest for the other parent to have custody. For a non-parent to gain custody, your mother must be shown unfit.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.