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Angela Mary Kinley
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Angela Kinley’s Answers

322 total


  • If I live in GA, my ex lives in KS. Does a third state Missouri have juristictation.. What can be done in my home state of GA.

    My ex kept filing motions against my divorce, which was filed and final 3\2012 in MO. Two different MO judges ruled on these motions. The first judge ruled 8/29/2014 because I didn't show, but GA had juristaction over us. My children lived in G...

    Angela’s Answer

    You need to contact an attorney in Missouri to challenge the most recent order, if possible, on the grounds that the Court lacked jurisdiction under the UCCJEA. You should also contact an attorney in Georgia to discuss the possibility of filing a new action in Georgia if you can successfully set aside or vacate the Missouri order. You need to act quickly though as there are time limits for challenging orders and the longer the children stay with the father, the harder it will be to convince a judge to give them back to you.

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  • Custody evaluator bias, unethical, not adhering to the APA, or the court order.

    I'm pro se, and my Ex wanted a custody evaluation after the court mediation concluded that I would have increased time share with our 3 year old son. Court approved private PhD evaluator, and the order stated for a full custody evaluation but n...

    Angela’s Answer

    You need to hire an attorney ASAP. Most evaluators are given access to medical records, mental health records, criminal records and other documents that may shed light on a parent's stability or fitness to exercise parenting time with a child. Refusing to disclose information is typically a red flag indicating that you are hiding something. An attorney will know how to address these issues, both with the evaluator and the court. You are at a serious disadvantage if your ex has an attorney and you do not. When you are fighting over your child, you don't want to risk getting a bad outcome because you didn't know how to properly present your case or defend yourself.

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  • Can I claim one of my kids as a dependent on my tax return even though I do not have legal or physical custody of my kids?

    I have three kids. My wife and I are planning to divorce. We have agreed that my wife will have sole custody of the three kids. But we also agree that I get to claim one of our kids as a dependent on my tax return because I will be paying child su...

    Angela’s Answer

    A provision regarding claiming minute children as dependents needs to be incorporated into a settlement agreement to be enforceable. The court cannot order that either party be permitted to claim the children. You need to have an attorney prepare the settlement agreement incorporating the terms of your agreement with your wife to ensure they are enforceable in the future. Although many issues can be modified later, some things, like tax credits, cannot be.

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  • Can I ask for an increase in child support?

    I have an 8 month old son. In October, my ex and I did a child support agreement. It states that he has to pay $300.00 a month, and also provide insurance/pay 50% of all medical bills. However, he refuses to put him on his insurance or pay half of...

    Angela’s Answer

    If he has failed to provide proof of medical insurance for the child and has failed to reimburse you for unpaid medical expenses, he can be held in contempt. You need to be able to prove that you provided the medical bills to him. If you can prove that his income has increased from what is reflected on the current child support worksheet, you can seek an upward modification of child support. If he is found in contempt, the court will either order him to pay his portion of the unpaid medical bills by a date certain, make him pay you in monthly installments over a period of time, or put him in jail until such time as he pays you in full. Same thing with the insurance - must obtain policy and provide proof within a certain number of days. You can also seek an award of attorney's fees in the contempt action, which are often granted because the only reason you hired an attorney was because he violated the order.

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  • What should I do about visits?

    My ex and I have a visitation and parenting plan agreement regarding our infant son. We agreed to joint legal custody, with me having sole physical custody, and I agreed to visits two nights a month. My ex has a history of family violence, and I h...

    Angela’s Answer

    If your ex-husband has violated the parenting plan and you can prove it, you need to file a new contempt action against him and very likely, a petition for modification of custody. If you stop visitation without a court order allowing you to do so, you could technically be held in contempt as well. You need to hire an experienced family law attorney to assist you with this case immediately. If you do not take action against your ex now, you run the risk of a court later denying a modification based on your acceptance of his violations of the court order now.

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  • Will a pending charge show up on an employment background check?

    Haven't gone to court for a possession charge that may be thrown out.

    Angela’s Answer

    Yes, the arrest will show on a criminal background check. If you enter a plea of guilty or nolo, the arrest and the conviction will show on your history. If you have no prior convictions, you should be eligible for a pre-trial diversion program that, if completed successfully, should make you eligible for record restriction which would then take the arrest off of your criminal background.

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  • Adoption: Step-dad vs. sex offender

    The father of my daughter has been in prison for a few years for sex crimes against a minor. He is a registered sex offender. I am married to someone new and he would like to adopt my daughter. How difficult would that process be?

    Angela’s Answer

    The adoption may not be too complicated. Your husband can file a step-parent adoption and file a motion to terminate the biological father's parental rights at the same time in the superior court where you and your husband reside. The biological fathe would need to be served with the petition and motion to terminate parental rights. I would suggest contacting an experienced adoption attorney who will know how to handle everything on your behalf. If the biological father does not object or file something requesting to be present for a hearing on the motion, the termination and adoption would not completed without much trouble at all. Best of luck!

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  • What should my next step be and do I need a lawyer, as my current husband is encouraging me that one is not required nor needed?

    When divorced in 2006, my divorce decree included a visitation schedule, child support for 2 children and granted me primary custody. Fast forward to today, I am remarried, live approximately 1.5 hours away from my ex (who chose to move away), an...

    Angela’s Answer

    If he has an attorney, you need to retain one ASAP. You need to be sure your children's financial security is protected and that he does not hide income or intentionally suppress his income to obtain a lower child support award. As for the meeting point, if he choose to move away, the court may not require you to travel to meet him. It would depend on the specific circumstances of your case. An experienced family law attorney will know how to address that issue on your behalf.

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  • How do I ask the judge for more time on my divorce and custody hearing?

    My husband filed for divorce and emergency temporary custody. we went to court, remind you he has a lawyer and i do not and the judge granted me temporary custody. i have had an open case with defacs in habersham county ga. i have also recently mo...

    Angela’s Answer

    You would need to file a motion for continuance and serve your husband's attorney with a copy by US mail. The motion would need to state your reason for seeking a continuance (to hire an attorney) and how much time you expect to need. I would also recommend including a sentence that the continuance would not be prejudicial to either party and would not unnecessarily delay the case.

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  • Should I wait or proceed with an attorney?

    Hello everyone, I was sentenced back in 2011 to 7 years of Georgias First Offender Probation in Gwinnett County for a Marijuana charge. I got transferred through Interstate Compact (ICOTS) to live in Tennessee because thats where my family lives. ...

    Angela’s Answer

    I would suggest hiring an attorney to file a motion to terminate your probation. Most POs in Gwinnett do not return phone calls so if you wait, it might be a long time! Once an attorney is involved, probation officers tend to respond more quickly. Most attorneys in the Atlanta area practice in Gwinnett and many offer a free consultation to explain the motion, time frame, cost of the case and answer any specific questions.

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