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Suzanne Temple Prescott's Answers
Contributor Level 11
- 107 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Does the father of my daughter's unborn child have to be listed on birth cert. How will it affect custody and legal obligations
Legally, it doesn't make much of a difference if the father is listed on the birth certificate or not. If your daughter and her boyfriend do not get married after the baby is born, the only way for the father to have any legal rights to the child is for him to file an action for legitimation. In that lawsuit, custody and visitation would be addressed, and your daughter would have the opportunity to seek child support. Your daughter is also entitled to seek child support from the baby's...
2 people marked this answer as helpful
3
Attorney answers:
I want a divorce from my husband but im scared.....
First of all, you are not alone in your situation. Many women are facing the same crisis - they are stay at home mothers and their husbands support them and their children 100%, but at the same time that husband is also abusive - verbally or physically or both. So the fact that you are scared to leave because you do not know how you will make ends meet is normal! And it sounds like on top of that you are dealing with cultural differences. It is no wonder you feel overwhelmed. However,...
2 people marked this answer as helpful
3
Attorney answers:
How do I defend against a con-woman in a divorce case?
Your attorney needs to be asking (in the form of discovery requests and depositions) for the evidence of these accusations that she plans to bring against you in court. One of the main reasons lawyers do discovery is so that they can find out every claim a party will be making, as well as the evidence that they plan to present to support that claim, prior to trial. If you are not represented, you need to speak with a family law attorney immediately. If you are represented, you need to have a...
1 person marked this answer as helpful
2
Attorney answers:
Fixing to be married... what name change options do I have?
You can change your name after you get married without petitioning the court or going to court. You will just need to bring a copy of your marriage license to the DMV, social security office, etc. You can drop your middle name (Ann in the above example) entirely, or you can have 4 names. Good luck!
1 person marked this answer as helpful
1
Attorney answers:
I have been served civil papers from my ex wife for child visitation.I am following what the papers state how should I answer it
You need to talk to an attorney to help you respond to your wife's complaint for visitation. If your wife has not done the things the court ordered her to do - anger management, drug rehab, parenting classes, etc., your children should not have unsupervised visitation with her. You need to make sure you protect them, and an attorney can help you do so. You should also file for contempt for non-payment of child support, which an attorney can also help you do. Your case is too complex for you...
1 person marked this answer as helpful
2
Attorney answers:
Marital Settlement Agreement - Is there a time limit that can be set for the other party to respond or sign this agreement?
Since you say you have an attorney already, you should talk to him or her about this as well, because he or she knows the details of your case. When I send a divorce settlement agreement to the other party, I am generally also sending an Acknowledgement of Service. The only way to get the ball rolling on your divorce is to file for the divorce and perfect service on your spouse. In an uncontested divorce, service is generally acknowledged. So, I typically put something in the letter that...
1 person marked this answer as helpful
1
Attorney answers:
Ex wants his child support lowered/modified..
Based on the facts you have stated, it does not sound like your ex husband would be successful in his attempt to gain additional custodial rights to your child(ren). In order for the custody arrangement contained in your divorce decree to be modified, he would have to prove that there was a substantial change in circumstances and that it is in your chid(ren)'s best interest to give him additional custodial rights. That does not sound likely based on these facts. However, you need to consult...
1 person marked this answer as helpful
3
Attorney answers:
Can I withdraw from my personal saving account if I haven't filed for divorce?
I agree with what has been stated by the other two attorneys. However, I would add that since you state you are "about to file a divorce," before you take any action, or withdraw any funds from your savings account, you should speak with an attorney to discuss asset division in Georgia. That way, you can get all your questions answered and you can be sure to fully understand any legal ramifications that may arise due to your actions. Many firms, like mine, offer free initial consultations....
1 person marked this answer as helpful
3
Attorney answers:
Can he get alimony and claim part of my savings, Roth IRA, 401K? What to do about the house?
I agree with everything Melanie states. You have valid concerns and I hear the frustration in your tone - you are out working every day and saving for the future and it sounds as though your husband is not contributing. Some questions we would need to know the answers to, in order to help you further are the following: Do you have children? Is he staying at home with them? Was all of your retirement accumulated during the marriage or was some of it acquired before the marriage? In Georgia,...
1 person marked this answer as helpful
1
Attorney answers:
Married with existing child support order via OCSS. Will divorce automatically cause modification of CS order?
The divorce will not "automatically" cause a modification of the existing child support order. You must raise the issue. You should definitely raise the issue of the daycare and medical costs for the children to the Judge since those are items that should be included in the child support worksheets and taken into account in the calculation of the final child support figure. Be sure you have documentation of how much these items cost on a monthly basis - perhaps they were not included in the...
1 person marked this answer as helpful