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Elizabeth Miller Zwiebel

Elizabeth Zwiebel’s Answers

9 total

  • Deposition

    Ex-wife attorney wants to depo me. Can he ask any questions he wants? Do I have to go or can I avoid this. We are in the middle of a post divorce property argument.

    Elizabeth’s Answer

    If the deposition notice was done according to the Rules of Civil Procedure, then yes. Any question is allowed to be asked. A deposition is a discovery tool that allows the attorneys and/or parties ask questions that may lead to discoverable evidence. Some information obtained in a deposition may not be admissible but it may lead them to a piece of evidence that is admissible. Therefore, any question is allowed to be asked. If the attorneys agree to usual stipulations they will only make objections to the form of the questions and save their objections to be properly used at trial. Once at trial the objection made timely will be determined whether the information is admissible by a judge.

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  • I Travel for work. Should I pay support to the other parent before custody is established while I am away? If so, how much?

    Currently going through a divorce.

    Elizabeth’s Answer

    No support is required until a court order is in place. Any support paid prior to a court order is your option but will be favorably looked upon at any finalization of your case.

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  • How can i get my daughters deceased fathers name on her birth certificate?

    when my daughter was born we recieved one of the hospital birth certificates with her feet on it with both of our names but we did not know it wasnt a legal birth certificate. it wasnt until we went to put her in school we found out he wasnt legal...

    Elizabeth’s Answer

    If there is any DNA preserved with the coroner's office, there is a possibility to do a post mortem paternity testing and have him legally adjudicated the father. There are actually two cases going at the same time during this process. An administrator of the estate will have to be set up through probate court. Once the letters of administration are received the administrator of the estate can order DNA testing to prove he is the father. Then a paternity suit can be filed with the results of the DNA testing which will result in an Order adjudicating him the legal father. After you receive the Order the birth certificate can be changed.

    You will need to contact a lawyer who specializes in family law to keep your costs down. The process is straight forward; however, if you hire counsel who does practice in family law you will not waste money on research of how to proceed. The complexity comes with knowing how to navigate probate law for the administration of the estate while at the same time preparing a paternity suit. Also if there is DNA material kept in your county, a letter preserving that material needs to be sent ASAP to the coroner's office. In my county the coroner's office maintains a small sample of DNA material on all persons who have been through his office. So best advise is to call your coroner 's office first and check on their procedures. If they do not store materials, DNA testing can be done on a probability test with surviving heirs but thus is more difficult.

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  • Not sure about this site. I ask my ? Days ago and no response . However, I see people getting answers within 3 hours!

    My question was entered on Friday. I want to know what to expect the next step to be in a default case that we are the plaintiffs in. Will the defendant be notified and how long will she have to respond to this? Also what are the odds of a judge s...

    Elizabeth’s Answer

    You need to provide more facts. What type of case? Where is the jurisdiction? Questions that are fully posted provide lawyers the information needed to answer your question.

    For example, of default is taken then it is noted that a default judgment can be set aside for a host of reasons. But more information is needed.

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  • The father listed on my sons birth cert. no longer wants to be and wants to give up his rights to my fiance, how can we do that?

    neither are the biological fathers, the biological dad has never been involved and never will be.

    Elizabeth’s Answer

    • Selected as best answer

    Through an adoption process the biological father's rights can be terminated. The adoptive father then becomes responsible for the child and is vested with all rights as the child's father. Step parent adoptions are very common and usually move at a faster pace than other adoptions. Plus your rights as a mother remain unchanged and are completely protected during the process. At the end of the process the adoptive father's name is put on your child's birth certificate. Your child will then be covered with rights of inheritance and all other natural rights of a child from that parent.

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  • What do I need to do for my husband to be able to adopt my daughter?

    My husband has been in my daughter's life for 3 years her father disappeared when she was 6 months he never signed the birth certficate and he is no where to be found. what steps do I need to take.

    Elizabeth’s Answer

    In Alabama adoption may be granted when there is little to no meaningful contact or support from a biological parent. If her biological father has not been involved in her life for 6 months or longer, you should file for an adoption by your husband. This does not affect your rights as a parent, it only gives him the same rights to the child that you already enjoy. Judges in Alabama are receptive to step-parent adoptions since it provides certainty and permanency for a child to have both parents involved in their lives. Since your daughter is already living with your husband there will be no need for a home study which will save you a lot of money. You should consult an family law attorney to complete the correct paperwork. Incompete paperwork is the number one reason that an adoption process may be prolonged. Typically step-parent adoption is a short and easy process as long as all the required documents are present at the time of filing.

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  • How do i go about on getting joint custody of my little girl? and getting my child support modified?

    My name is matthew, my ex wife is Ashley and my wife is Kimberly. Me and ashley got a divorce in 2010 and i got remarried to my wife named kimberly. well ashley cant stand my wife and has made threats to us saying that shes going to make sure i ne...

    Elizabeth’s Answer

    If you are desiring to obtain custody of your little girl, you will need to file a Petition to Modify the final judgment of your divorce. You have to prove there has been a material change since the final judgment was entered or since the last time custody was decided over your little girl. Parental alienation is a very disliked behavior in most courts. Judges do not like to hear that one parent has deprived the other parent access or a relationship with their child.
    Your choices are either to file a Petition to Modify and attempt to gain custody yourself. Or to file a contempt petition for her denial of your visitation and her not disclosing where the child lives or resides. These two petitions offer very different remedies. The contempt petition has a remedy that could find your ex in contempt and be punishable by sanctions or jail time.

    It is highly recommended that you act quickly so as to not be seen as condoning her actions. I would consult with a family law lawyer as soon as possible to begin either process.

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  • Can i charge my husband with kidnapping my little girl cause i want a divorce and i told him and he took off with her?

    i want a divorce and i started the paper work and i told him all he has to do it sign it and he told me to go to hell and hung up before that he said he was taking off with my little girl and i never see her again and i dont know what to do and i ...

    Elizabeth’s Answer

    You can file a divorce and an ex parte petition for temporary custody. This will give you a temporary court order that would allow you to pick up your child. Until custody is established at least on a temporary basis, the police may not assist you. Due to the marriage, each parent has an equal right to custody. You should consult an attorney immediately and get the appropriate filing made. One thing to include in the petition and order is that you are allowed to retrieve your child with the assistance of law enforcement. If you know which agency will assist you, then you should list them by name as well.

    It is vital that you act quickly to avoid the appearance that you agree with his behavior. Child-parent alienation is a behavior judges strive to avoid.

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  • My ex husband when he gets the kids on his visit, he take them 2 work with him at night. How can I stop this..the kids r 5,6?

    He throws newspapers late at night and they have to wake up and go with him. He also will not give me his real address so I do not know where he is living.

    Elizabeth’s Answer

    You can certainly file a modification of your divorce decree to change visitation. Most judges will consider negative affects of visitation such as lower grades due to lack of sleep, etc. You may have to be able to prove that the visitation schedule is not healthy for your children.

    As far as the address goes, parents whether custodial or noncustodial are required to notify each parent the address of where the children live or visit. This could be considered a contempt issue.

    Both issues could be consolidated into one court hearing which may strengthen each case. An experienced family law attorney in your area can best tell you how to proceed.

    Something to consider may be coparenting counseling. Some judges prefer to involve a coparenting counselor to assist parents with these exact issues. During this process each parent agrees to follow the recommendations of the coparenting counselor. This counselor meets with the children and recommends schedules that best benefit the children.

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