Curtis P Bounds’s Answers

Curtis P Bounds

Wilmington Family Law Attorney.

Contributor Level 7
  1. My wife has just very recently announced she wants a separation and even more recently announced now want a divorce.

    Answered about 1 year ago.

    1. Curtis P Bounds
    2. David Alexander Browde
    3. Stephen Ross Cohen
    3 lawyer answers

    A legal parent of a minor child is a joint natural custodian of that child under Delaware law. That means that either parent has rights to the child, and either parent can talk to and give instruction to that child's lawyer, doctor, teacher, or other professional. A parent can go to Court to obtain sole or joint legal custody of a child, but in Delaware, the parents have to be living in separate households for the Court to hear and decide on legal custody. A step-parent does not have natural...

    3 lawyers agreed with this answer

  2. What state do we file for custody?

    Answered about 1 year ago.

    1. Curtis P Bounds
    1 lawyer answer

    The Uniform Child Custody Jurisdiction and Enforcement Act is a uniform law that is in both New Jersey and Delaware. It states, under most circumstances, that a child's home state is the state where the child has lived for the past 6 months. However, if another state has previously issued a custody order when the child lived in that state, and one of the parents still lives in that state, then that state remains the home state of the child, and a petition to modify the existing custody order...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. What state do I hire a lawyer in? I live in Texas. Custody order is in Delaware. What do I do?

    Answered 9 months ago.

    1. Keith M Horner
    2. Curtis P Bounds
    3. Alan James Brinkmeier
    3 lawyer answers

    The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is the law on child custody jurisdiction. Delaware and Texas both adopted the UCCJEA as law. The State where the custody order originates remains the State where custody orders are modified as long as one parent or the child live in that State. A parent can ask the original State to give up jurisdiction on the basis of another State being the State where custody should be decided, but the original State gets to decide....

    1 lawyer agreed with this answer

  4. Can I email a family court Judge that has just heard my daughters case?

    Answered about 1 year ago.

    1. Curtis P Bounds
    2. Stephen Ross Cohen
    3. Craig Bernard Mitchell
    3 lawyer answers

    Even though family members are often closest to the action in family disputes, the testimony of family members is not given much weight or importance in the overall decision making of a Judge in a custody case. Attorneys will often put a family member on the stand to satisfy the client ("you should have had my sister testify") as opposed to that family member providing something really important to the case. It is often assumed that a family member is biased towards his or her relation in the...

    1 lawyer agreed with this answer

  5. I am getting an inheritance from my grandmother a large amount, I have been seperated for over a year. I have only been married

    Answered over 1 year ago.

    1. Curtis P Bounds
    1 lawyer answer

    Inherited property that is received by one spouse and maintained in the sole name of that same spouse is excluded from the definition of marital property, and is not divisible in an ancillary property division proceeding. There are many circumstances under which inherited property can become marital property, for example, titling inherited property in the name of the other spouse, or commingling (mixing together) marital assets and inherited assets. If marital assets are used to service or...

    1 lawyer agreed with this answer

  6. My divorce is final in the state of Delaware. Can I evict my X wife out of the marital home

    Answered almost 2 years ago.

    1. Howard M Lewis
    2. Curtis P Bounds
    3. Jayson Lutzky
    3 lawyer answers

    The problem that you present is too complicated to be answered in a web site Q&A. You should make an appointment to see a family law attorney in Delaware, and bring him or her your documents so that the lawyer understands more about what is going on than your question may reveal. Also, an eviction is a legal proceeding. Eviction does not mean changing the locks. That's called "self help" and can under certain circumstances result in one party obtaining an order of protection from abuse...

    1 lawyer agreed with this answer

  7. Is there a lawyer that can deal with both child support and a traffic issue, what are the called?

    Answered about 1 year ago.

    1. Curtis P Bounds
    1 lawyer answer

    If a capias has been issued for a person's arrest because he or she failed to show up at Court, then yes, that person can be brought before a judge or magistrate for failure to appear, and have to post a bond that will insure it more likely that a person shows up the next time. Unfortunately, in Delaware, we only have one system for holding people against their will, the Delaware Department of Corrections, and a person picked up on a capias can end up spending a night at one of it's facilities....

    1 person marked this answer as helpful

  8. What is the chance that the court would let me relocate across the country with my child if my ex husband does not agree to it?

    Answered almost 2 years ago.

    1. Curtis P Bounds
    1 lawyer answer

    The Delaware Family Court looks to Section 405 of the Proposed Model Relocation Act developed by the American Academy of Matrimonial Lawyers for guidance on whether to grant or deny a motion to relocate with a child. Section 405 of the Model Relocation Act can be found at http://www.aaml.org/library/publications/model-relocation-act-0. The Delaware Legislature has never adopted the Model Relocation Act as the law of Delaware, and so the Act and Section 405 of the Act should be read by the lay...

    1 person marked this answer as helpful

  9. I live with my boyfriend in DE. He owns the mobile outright. I have been living here 5 years.

    Answered about 1 year ago.

    1. Curtis P Bounds
    1 lawyer answer

    A person living in someone else's home has some rights, but not many, without a lease. Living in someone else's home makes that person either a guest or a renter, and if a renter, he or she has the rights that are given to a person who is living without a lease in another's home. Its called in the common law a tenant at sufferance, but the renter's (and the owner's/landlord's) rights are today spelled out in the Delaware Landlord Tenant Code. It is not really a family law issue unless it...

  10. I am ending a relationship with the father of my child I don't have a job will he get custody ?

    Answered about 1 year ago.

    1. Felice G Kerr
    2. Curtis P Bounds
    2 lawyer answers

    Its important to understand the meaning of the terms custody and visitation. Parents are the joint natural custodians of a child, meaning that they have co-equal rights in him. When parents split up, sometimes they just go along and continue to raise the child by agreement, but often they need a Court Order to lay out custody and visitation. Custody means joint decision making about the child's life, where he goes to school, to church, medical procedures, or moving out of State. The law in...

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