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Thomas K. Mallon

Thomas Mallon’s Answers

264 total


  • I have joint legal custody of my 14 year old daughter. I recently needed to file a custody modification. 6/29

    She has been having a problem with her mother verbally and mentally abusing her. I have been taking her to counseling for the past 9 months. Recently her mother and step father have been having marital problems and her mother has created quit a st...

    Thomas’s Answer

    Other than needing help, what is your specific question. You need to ask specific questions to get any type of answers in this forum.

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  • How exactly do I keep a drug addicted criminal away from my baby while visiting with the non custodial parent?

    How do I prove in court or make my case? They have assault conviction, drug and weapon charges yet not convicted. CPS? Judiciary case search records?

    Thomas’s Answer

    Because you are talking about a baby, I am not going to assume that you have a custody order in place yet. If you do, you will need to file for a modification of that order as having this new person around your child may constitute a material change in circumstance.. If you do not have a custody order yet, you should file for one immediately. Everyone is presumed innocent until proven guilty, so just being charged in not enough. But the seriousness of the charges certainly is cause for concern. It also goes to the lack of good judgment the non custodial parent is using when they choose to associate with such individuals.

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  • Do I need a lawyer

    I am seeking custody of my grandchildren I am the sole provider my daughter said she wants me to take custody how can I do this

    Thomas’s Answer

    The easiest way to accomplish this is to have an agreement between the parties, which will include the father. Once all parties agree, you may petition the court. You may also wish to look into guardianship rather than custody, which can be easier and accomplish the same goals for you and your daughter.

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  • So in 2009 I adopted my then nephew (son). When I received the birth certificate mother was blank. how do I add my wife's name?

    Me and my wife has been married for 3 yrs. Again no mother name on new birth certificate. My adopted son is almost 17 Would I need a lawyer or just printable paperwork.

    Thomas’s Answer

    Are you asking how to add your wife's name to the birth certificate or your sister / sister in law's name? I know its more symbolic than anything, as your son will be 18 in a year and considered an adult. If you want your Wife added, she will have to file a petition to adopt him through the courts. If you are looking to add your sister/ sister in law, you will need to contact vital records.

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  • My wife had another Man's child. What to do in the Divorce?

    In process of Divorce. My wife had another Man's Child. She walked out one day and went wild. She does not even know who the father is and there is no father in the picture. Divorce is filed but child is not mentioned. I found out I am considered ...

    Thomas’s Answer

    You need to file a petition to determine paternity and need to do it sooner rather than later. You do not want the divorce to be proceeding without addressing the issue of paternity, just because you wife has not bothered to include it. You will only make things more difficult if you wait.

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  • Custody re-evaluated due to new evidence and who has jurisdiction?

    Custody was establish in VA due to that is where the child & the mother lived at the time. Now father has custody of the child & he resides in NJ the child has been there for over a year. The mother now resides in MD for about 5 months as of June ...

    Thomas’s Answer

    If you want to have custody re-evaluated, you can either go back to the court in Virginia, or file in New Jersey as both have concurrent jurisdiction. If you do file in Virginia and the father files to have the case transferred to NJ it is likely the Virginia court will do just that.

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  • I am in a relationship that is going nowhere. I have a daughter with this woman and I want to leave with full custody.

    I was informed that it is an uphill fight for a male to get custody of his daughter, especially if there is no exigent circumstance that would deem the mother unfit. Please help!

    Thomas’s Answer

    What you need to focus on is, what is in your child's best interest. What is in your interest, or the mother interest is of little or no concern to the court. You want out of your relationship with you girlfriend, so what. How is leaving and taking your daughter with you going to affect your daughter? That's what you need to ask yourself. How will you provide for her? When will she spend time with her mother? What will be the plan going forward and why and how does that plan help your daughter to grow up and become a well adjusted capable, happy and healthy member of society?

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  • I file for a divorce from my husband for adultery. He contest it and now needs surgery.

    I file for a divorce from my husband for adultery. he is still having the affair and he contest the divorce. Now he needs surgery which means he can't work . Would I have to pay him alimony? I intend to buy him out the house as well. he have not ...

    Thomas’s Answer

    Unfortunately the answer to your questions is, "it depends". What was the surgery for, how long will he be out of work, will he have to get a new job or is he going to be able to take sick leave and resume shortly, how long have the two of you been married, does he have a financial need and do you have the ability to pay alimony. These and many others are questions that need to be answered first before a more accurate answer can be provided.

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  • Is my ex husband, who has visitation rights, suppose to tell me where he is taking my kids for a vacation?

    My ex husband plans on taking the kids for two weeks as per court order, but he is refusing on informing me on where he is taking them, when I ask him he says it is not my business and it is personal. I am concerned about him taking the kids to an...

    Thomas’s Answer

    As long as you are the children's parent it is your business along with anything else that affects children, including any potential harm or emergency, seen or unseen. If a friend took your on a trip or their father took the children on a trip when you were together, you would insist on having the same information in advance. Its no different now, just because you and the father are not together now.

    Your ex husband may be feeling defensive because of the way you have asked or for other reasons regarding your past history or custody dispute. If you approach it differently you may get the answers you are entitled to.

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  • Bed sharing/custody

    My 5 yr old son's father filed to modify custody and is claiming I am not providing financially for my him, that I allow my mother to make parental decisions as far as his visitation goes, and that we are alienating him. My son and I live with my ...

    Thomas’s Answer

    The fact that your son's father has filed to modify custody means that it is his initial burden to prove there has been a material change in circumstances and then if the court finds that there has been a material change in circumstances, the court will next consider what is in the minor child's best interest. The fact that your parents provide financial support is not really a determining factor, but because there are about a dozen the court look at, it is still possible to lose custody of your son. If your son's father convinces the court there has been a material change, you must ask what are the other reasons he might get custody.

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