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Mindi Beth Lasley's Answers
- 12 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Should I go back to court and request a new order?
You can file a Supplemental Petition to Modify your previous final judgment, but to do so you have to be able to show a "substantial and material" change in circumstances and I'd have to have more information before telling you if you can meet that burden. There is case law to support a substantial change in circumstances when one party fails to abide by the shared parental responsibility requirement established in your order. Another option you have would be to file a petition or a motion to...
3
Attorney answers:
Should I go back to court and request a new order?
You can file a Supplemental Petition to Modify your previous final judgment, but to do so you have to be able to show a "substantial and material" change in circumstances and I'd have to have more information before telling you if you can meet that burden. There is case law to support a substantial change in circumstances when one party fails to abide by the shared parental responsibility requirement established in your order. Another option you have would be to file a petition or a motion to...
5
Attorney answers:
Step parent adoption process for a steph child whose bio-father is unknown
I handle adoption cases and this is a relatively simple adoption. As with all legal matters, especially adoptions, great care and caution need to be exercised to ensure the proper procedure is followed. The last thing you would want is for the biological father to appear a few years down the road and attempt to assert his paternal rights. There is a "due diligence" process that must be completed in an attempt to try to ascertain the father (even though she's not sure who it is) and I can't...
3
Attorney answers:
I have a modified custody order, how can we revert back to the orginal one?
It sounds like you'd more than likely need to do another modification proceeding. This can be pretty straight forward if you both agree on the custody and visitation issue. Please note that the terminology of "custody" and "visitation" has changed and the new terms that are used is "parenting plan" and "timesharing". I have more information regarding modification proceedings on my website. www.lasleylaw.com.
2
Attorney answers:
Whats the age a child can choose what parent to live with
The age that a child can decide who he/she wants to live with is more complicated then it seems. There is no specific age in which a child may decide, and more importantly, not all judges even allow a child to testify. Sometimes its best to get their opinion in through expert testimony. I have written a blog about this issue on my website. Go to the "blog" section on the top of www.lasleylaw.com
1
Attorney answers:
How do you start the process for filing for child custody and support?
I assume since you didn't mention a divorce that you and your child's father were never married, in which you would need to file a Petition to Establish Attorney. This gives him legal rights and will establish a parenting plan (the new definition for what used to be called custody and visitation) and child support, which can be ordered retroactive two years before the date of filing the Petition. The parenting plan would establish which parent your daughter spends the night with most of the...
3
Attorney answers:
At what age can my kids decide to live with me?
I would just like to add that it's still up to the judge to decide whether or not to hear testimony from your child and the judges really try hard not to put the child in the middle. So don't count on your child being able to testify as to where he/she wants to lie because it's ultimately the judge's decision. Some of them are really against allowing a child to testify while other judges are a little more lenient. Hope this helps!
1
Attorney answers:
What can we do to get my husband taken off child support for a child that is not his?
This is a VERY complicated situation. There is a way to disestablish paternity, but it's really difficult, especially since they were married. First of all, it depends on which state the ex-wife lives in and where that child support order exists. To even begin discussing how to disestablish paternity, your husband has to be up to date on all child support payments (as the statute) even though the children aren't him. You DEFINITELY need to consult with an attorney on this since there's...
1
Attorney answers:
My wife is trying to get back child support however she sent my child to canada and my child is not in her custody is this legal
Based on the information you gave, it sounds like your child's mother (whom I assume was never your wife) has the Department of Revenue, Child Support Enforcement involved. If your child's mother is receiving state aid (like foodstamps, medicaid) then the Department of Revenue (the Child Support Division) will seek retroactive child support regardeless of whether or not your child's mother is seeking it. The child support enforcement office is going to based their information off information...
1
Attorney answers:
Do I have to let my child spend time with the other parent?
You really should allow her to go unless you believe she's in real danger, irrespective of whether or not he's paying the child support. If he isn't paying child support that has been ordered by the court, you should look into filing a Motion for Contempt. One of the worst things you can do and one of the factors the judges consider most in determining timesharing is the willingness of the parent to facilitate a positive and loving relationship between the child and the other parent. If you...