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Amber Yerkey James
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Amber James’s Answers

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  • I live in AL. My 12 mts old daughter lives in ATL GA. I pay child support but it's not court ordered. I would like to

    bring my daughter to AL to visit for the weekend maybe once a month. Which is 100 miles from Atlanta. I have asked my daughter's mother but she says my daughter is too young right now. I have been in my daughter's life the entire first year she kn...

    Amber’s Answer

    A child is never too young to have a relationship with his or her father. How long has your child been living in Georgia? If she has been living in Georgia for more than six months, you will need to speak with a lawyer in Georgia regarding the actions you need to take to assert your parental rights. Each judge takes a slightly different approach to visitation with a child who is your daughter's age. Some will say the visitation needs to happen in the mother's home. Some will not have a problem with extended visits. Regardless, you need to meet with an attorney who can help you assert your parental rights and secure parenting time with your daughter.

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  • Can a father gain full custody of a two-year daughter if mother is emotionally unstable?

    This is a question that sickens me to pose, but my daughter is too important to me. My wife of three years suffers from severe anxiety and depression. She spends most days in bed or on the couch and does very little to nothing in the house; but ...

    Amber’s Answer

    • Selected as best answer

    You definitely need to speak with an attorney with experience in family law if you have not already. In Madison County, when you file for divorce, the court will enter what is called a Standing Pendente Lite Order. That order states that the court prefers for the minor child to remain in the marital residence during the time the divorce case is pending in the care of the parent who has been the child's primary caregiver. As such, you have to present a compelling reason to convince the court to do otherwise. If she has been the primary caregiver, whether she has been a good caregiver or not, you need to gather your facts and evidence and be prepared to convince the Court from the very beginning that allowing your Wife to maintain custody of your daughter is not in your daughter's best interests.

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  • What would be involved in adopting my 14 tear old grandson of whom I have custody and what would be the approximate cost?

    I live in Alabama. My former spouse and I have had custody of him since he was 4. Both birth parents consented to the custody. He has lived with me in my home for over half of the 10 years. I believe all parties would agree to the adoption.

    Amber’s Answer

    Assuming all parties are in agreement, the process should be fairly simple. Because your grandson is 14, he will have to consent to the adoption as well. The price for the adoption really depends upon which firm you hire, the level of experience the attorneys in the firm have with adoption cases, and the difficulty involved. Before you meet with an attorney, go ahead and gather the addresses for both of your grandson's biological parents and your former spouse. You will also need to talk to your grandson about his willingness to be adopted. You will also need to bring a copy of the court order that gave you and your former spouse custody of your grandson as well as your grandson's birth certificate. The more prepared you are for your first meeting with your attorney the more smoothly the process will proceed.

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  • Should child support calculations account for and include overtime or irregular schedules?

    If someone works an out of town job where they work several weeks and then home a few days before leaving again is this taken into consideration? Also is the hours limited to 40 even if more like 80-90 are worked?

    Amber’s Answer

    In a situation like this, the easiest way to calculate the current year's gross income is to take a pay stub that shows the party's year-to-date income and determine the person's average income over the course of the year. This will account for any raises the party may have received during this current tax year.

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  • My ex and I have joint custody (with me primary) of our daughter. Do I have to allow him to take my daughter on vacation?

    My ex and I divorced in 2008 and our aggreement was very vague because at the time we worked well together. We have joint custody with me being primary and he has "reasonable visitation to be arranged between the parties." He has always exercised...

    Amber’s Answer

    It appears that you have an attorney representing you since you have a case pending. As such, you need to discuss your concerns with him or her. Generally, orders from Madison County have the Standard Visitation Schedule attached to them so that in the event the parties cannot agree, the schedule provides guidelines for how parenting time should be exchanged. I would review your old order and discuss this with your attorney as soon as possible. If you are not represented, you need to contact an attorney to represent you as soon as possible. If your case is set for a final hearing in August, you have very little time to hire an attorney and make sure he or she is ready for trial.

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  • I want a divorce from my husband, but he want give me one and I don't work. I just had him locked up for domestic abuse. I have

    We have a house that is paid for in both our names.

    Amber’s Answer

    If you file for divorce, the court can grant it even without his consent. If you have not already filed for a protection order, you need to talk to a local attorney to determine if doing so would be in your best interests. You can also file a Complaint for Divorce and have him served. If he fails to answer within thirty days of being served, your attorney can file for a default judgment.

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  • We have been seperted almost a year i do not know where he is at are if he would sign because he is already remarried again.

    he has not applied for a divorce from me & i havent because i have been unemployed since seperation due to being shifted between family and friends .now im trying to get back on my feet littlle by little i will need to do payment arrangements on a...

    Amber’s Answer

    Technically, he cannot be remarried. His marriage to this new person is void. You need to talk to an attorney as soon as possible to see how to best proceed.

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  • Can a father who is not on the birth certificate and the child is not have his last get a DNA test without the mothers permissi

    the man is that a birth certificate has passed away and the child is drawing death benefit

    Amber’s Answer

    Unfortunately, I do not have enough information to answer your question. However, in general, a person who believes himself to be a father of a child can petition the court to determine whether or not he is indeed the father of the child. However, there are a few circumstances where a biological father would not have the ability to have himself to be determined to be the father. One such circumstance is when the mother of a child was married to someone at the time of the child's birth and that person holds himself out to be the father of the child. Then, even if the husband is not the biological father of the child, the actual biological father does not have the right to petition the court to determine paternity. You really need to talk to a family law attorney in your area to determine what rights you may have.

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  • What is the best advice to help me regain custody?

    In 2007 my mother was awarded temporary custody of my oldest daughter. The order states that all parties have reached and agreement to all issues and that myself and her father should have visitation at all reasonable times. It also states that an...

    Amber’s Answer

    It is very important that you have an attorney to represent you in your custody matter so that you can make sure the right evidence and testimony is presented to the court to give you the best chance at success. If you filed today, your mother will be served with your custody modification documents. After that, she will have to file an answer. The judge may enter some type of initial order; however, that will depend upon the issues presented in your custody modification.

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  • When does my child become a resident of Alabama?

    We recently had a custody trial in Pennsylvania. Up until the trial, he lived with his mother in Pennsylvania. The order was entered by the judge up there on February 4th. Since he has not started school yet, we are rotating every two months with ...

    Amber’s Answer

    In addition to what my colleagues have already said, child support generally follows the residence of the person who is obligated to pay child support. Jurisdiction over interstate child support matters is determined by the Uniform Interstate Family Support Act. As such, as long as your child's mother remains in Pennsylvania, child support issues would generally be litigated there. You should also investigate having the Department of Human Resources assist you with child support issues. You can talk to social worker here about having him/her communicate with the child support enforcement agency in Pennsylvania. Then, the child support enforcement agency in Pennsylvania can take it from there. It generally takes longer to get any movement when you allow these agencies to more or less take over, but it could be less expensive for you. However, you should investigate all your available options.

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