Marriage on a rocky road and at this point in life I feel we need to reset. I feel time apart might do us both good. I'm a stay at home mom that home schools her children. But, husband is saying I can't take kids. That court papers has drawn u...
No, you do not have to leave your children behind if you want to leave your husband. I would suggest that if you are going to leave that you meet with an attorney to help you decide what steps to take. If both of you are agreeing that you want to separate and you are wanting to move out then it would be important to try to establish if possible a visitation or custodial schedule that you both believe would work for your family.See question
He has primary custody ..the mother is secondary..he's military and she is never around except when it's convenient for her.
There are many pieces of information here that you have not provided and if this is something that you are interested in doing, you need to talk with an attorney. First, I am not sure that it would be possible or appropriate to "take your son's rights" away from him and adopt the child, that is pretty extreme. In order to terminate a parent's rights there are several requirements that need to be met that may or may not be difficult to prove, I don't have all the facts of your case. What most people try to do is gain custody of the child. If your son is agreeable to you have primary custody of the child/children, then maybe the mother would be also? If everyone agrees that it is in the best interest of the child that his/her primary custody be with the grandparents then that could happen without ever terminating the rights of the parents. If the parents don't agree to give you primary custody, then you would have to prove that they have acted inconsistent with their constitutionally protected right to the care, custody, and control of their children. I would suggest meeting with an attorney to discuss the details of your situation so that you know what options you may have and how you can accomplish your goals.
Best of Luck!See question
I won custody of my child but the other parent told judge I smoked. I have already took a hair and urine test , the hair came back postive the urine was clean, but now they want another hair test.
Take the test. If you have a drug problem, seek help to address the problem, you cannot expect to maintain custody of your child if you use drugs. I would also recommend obtaining legal counsel to assist you.See question
All the disagreements are about money. He cheated on me with another women and I have proof of it. He is now living with that person. He is threatening me with changing the amount of child support that he is paying me because there is a past du...
I would recommend that you NOT sign the agreement and meet with a family law attorney beforehand so that you fully understand all of your rights, because once it is signed it may be difficult if not impossible to get some of those rights back. If you were a dependent spouse and he was a supporting spouse during the marriage you may be entitled to post separation support and alimony (spousal support) in addition to the child support, and if you can prove that he committed adultery (and presumably this was the reason for the separation, i.e., this didn't happen years ago and you forgave him) and that you did not also commit an act of adultery, then he will have to pay you spousal support (alimony).
The child support amount that you are entitled to is typically based off the North Carolina Child Support Guidelines. I will include the link below so you can fill in the worksheet and see what you would get under the guidelines. Also, while I don't have all of the information in your case, a party's obligation for child support should not have anything to due with a past due bill he owes. In a separation agreement, parties can agree to child support amounts that they agree will meet the reasonable needs of the child/children and that amount may be based on the North Carolina Child Support Guidelines or some other number to which the parties agree, but the key here is that the parties are in agreement, if you sign, you are agreeing, if you don't agree and it sounds like you do not) don't sign.
Best of Luck to you and meet with an attorney before you sign a separation agreement.See question
Divorce including a 401k
Of course, there are plenty of family lawyers available, you can search for one on this web site. I would search for one in the county where you live or a nearby city. You can also ask for referrals from friends and family members or do your own on line search.See question
I just lost my job, how do I go about getting my child support changed?
File a motion to modify (reduce) your child support asap, do not wait.See question
Newfound evidence points to likely different biological father, whose previous relationship with mother is confirmed. Inquiry to mother produced unsatisfactory indirect responses which only increases doubt and suspicion. Child in question is well ...
If this child is now an adult who is "questioning you", maybe consider trying to have a conversation with him or her, the child is an adult. If you and the child want to know, have a DNA test done so there is no question. Ultimately if you have acted as the child's father and have been the child's father throughout his life, I am not sure knowing whether or not there is a biological relationship between you even matters, other than to prevent the alienation attempts by mother, by taking control and saying ok, no we don't have a biological connection, but I am still your father (and you may choose to look into adopting him or her). If your goal is to cut off ties with the adult child and the mother and to attempt to get back money you paid in the past to mother, I don't really understand that goal, but I suppose you could pursue a claim against the mother.See question
I do not work at all and my husband cheated on me and left me BUT he doesn't work either could I be awarded alimony. Do it work like child support?
In order to receive alimony, there must be a dependent spouse/supporting spouse relationship. There are many factors that would need to be looked at, for instance, did you husband recently lose his job or was he terminated, has he supported you financially over the past few years, these are all things that you could discuss with a family law attorney. In addition, there is some consideration of marital misconduct such as adultery as you mention, that would go towards the amount and duration of alimony received, however before consideration of amount and duration, there must be an established dependent spouse/supporting spouse relationship.
To answer your question of does it work like child support, no, it doesn't, for child support, there are guidelines for the amount of the child support that the courts must follow or otherwise find reasons to deviate from that amount. The duration is by statute until the child reaches 18, graduates from high school, etc, duration in alimony is in the discretion of the judge and will vary widely from judge to judge. However, if there is court ordered alimony, it is enforceable as an order of the court and subject to the contempt powers of the court like a court order for child support.
I hope this helps!See question
He has accepted over $700.00 in reimbursements for my uninsured medical expenses under FSA in which I'm still eligible for under his plan being his spouse until date of divorce decree, March 2016. Is this considered fraud since he didn't actually...
I'm not entirely sure that he is doing anything wrong, as I understand it, a flex spending account is money taken from the employee's paycheck pre-tax for medical spending, so say he is removing $100 a month pre-tax for medical expenses. You are then supplying receipts that he uses to get this repayment of money, maybe it is a little untruthful, but it is still his money, just pre-tax money, not post-tax money which I guess amounts to a slight "windfall" to him but not a huge sum under most circumstances. As an aside, it sounds like you needed spousal support, although if you did not file a claim for post separation support or alimony before your divorce decree, those claims are waived.See question
My daughter will be 13 in November and she has always wanted to live with me but her father and stepmother will not hear of it. What can I do. We do have a temporary order where we have joint custody but father has primary custody which I'm sure t...
You would probably want to discuss your case with a family law attorney and if you do have a permanent order, then you would need to show that there is a substantial change in circumstances affecting the welfare of the child since the time that order was entered before the court will look to what is in the best interest of the child. If the court determines that your order is only temporary in nature, then the court would only look to what is in the best interest of the child. I know that that distinction may not be entirely clear to you, so it would be useful for a family law attorney to explain it to you and to discuss the specifics of your case so that you can determine the best way forward.See question