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Thomas Hershal West

Thomas West’s Answers

108 total


  • Moving from KY to IN

    Yes I planned on moving from KY to IN had a awesome job waiting for me when I found a house and which I did but, ex husband wanted to fight me against moving our 15 year old daughter ,13 miles just because it was across the river. I think it is ch...

    Thomas’s Answer

    First, you should know that many states have child move away laws that come into play on any move to another state, regardless of the distance. Second, I'm not certain, but I think you are trying to ask whether you can make such a move. Probably, you should have prepared a petition to modify parenting time with a new parenting time schedule, even if it is the same, based on the new location, file it with the court, have the father served with it, and let the court make a ruling. Considering the circumstances you outlined, it appears the court would have been likely to grant the move. When doing this, however, you probably should retain an experienced family law attorney to help you. Good luck!

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  • What will it take to move from Kentucky to Maine with 3-year-old?

    I'm 5 months pregnant and I want to relocate myself and my 3-year-old (from a previous relationship) to Maine where my fiance lives. I have joint custody and shared parenting time with my toddler's father. I've asked him if he'd agree to allow my ...

    Thomas’s Answer

    From your question, it appears you have a legitimate reason for your move. If you and the child's father cannot agree, then you should prepare a proposed new parenting time schedule based on the new location and file it with a petition to modify parenting time with the court and have a copy of it served on the father. You also will need to document your fiance's efforts to find employment in your local area that is comparable to Maine. it also will help if there are extended family members in Maine. First, though, you probably need to retain an experienced family law attorney to help you. Good luck!

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  • Can I stop my ex-husband from using a babysitter who has put my children's safety at risk?

    Last Saturday, my sitter and his fiancee were supposed to bring my daughters to a birthday party. Unfortunately, the fiancee was called into work early leaving the sitter without a car (or a licensed driver.) He called my girls' father, who said...

    Thomas’s Answer

    Your first step should be to discuss your concerns rationally with your ex-husband. This could be a one time thing, and it would not be good to rack up attorney fees for a one time occurrence. If this does not work and it happens again, then you may need to consult an experienced family law attorney to help you. Good luck.

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  • How can I legally get my children into my custody?

    The mother of my child moved to Wisconsin with my 2 children. We have joint custody . My son's child support case is in Waushara county, and my daughter's is in Greenlake county. I call them at least once a day, but half the time I call, I have...

    Thomas’s Answer

    You start by filing a petition to modify custody. What state you have to file that in depends on how long the children have been in Wisconsin and whether the mother had court permission or permission from you to move them there. In any event, you will need an experienced family law attorney to help you. Good luck.

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  • Is it possible to adopt my 19-year-old niece? How do I do this?

    My niece is a 19-year-old college student in America. Her parents in Africa are going through some financial difficulties, and it's affecting her education. I want to adopt her and ease off some of the stress from my little brother (her father). I...

    Thomas’s Answer

    On the adoption front, yes you may be able to adopt her, especially if the parents agree to surrender their parental rights. If not, it may be quite difficult or even impossible to adopt. Since she is from Africa, there may be immigration issues.

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  • My husband pays over 10,000 dollars a year he only makes 23,000 a year

    My husband has 3 child support cases the first one gets 535.40 a month oldest children, the next one 64.30 a week the youngest child, the third case 45.77 a week this child is the second oldest...I though child support was oldest to youngest

    Thomas’s Answer

    It depends on how long ago the child support orders were entered and whether there has been a significant change in his income since they were entered. If so, he should consider filing a petition to modify child support.

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  • Do I have to go to my appointment ?

    CPS in tennessee called me regarding my son about a call they received.. having nothing to hide I set up an appointment. I was told not to go, but scared if I don't show the cops will be at my door bc they will suspect the call was true because I...

    Thomas’s Answer

    If you have nothing to hide, you should honor the appointment, though it usually is in your home. If you do not honor it, they usually will not go away.

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  • What are the chances of a regular working guy with less than 30,000/yr. income would have to pay alimony permenantly?

    What if wife does not work and is middle-aged in 14 year marriage and has some health issues but isn't legally disabled

    Thomas’s Answer

    The answer is it depends on a number of factors the most important of which are her real need for the money and your ability to pay it.

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  • Can my parental rights as a mother be terminated if I was never served paperwork or even knew about the court hearing.

    My husband was placed in jail leaving me on the street with nothing. Our son was in the care of my in-laws, who petitioned for kinship guardianship. And then proceed to give him up for adoption. All without me or my husband knowing. While my husba...

    Thomas’s Answer

    Normally, termination of parental rights in unconstitutional if it is done without notice to you. Now if you received notice but ignored it, that could be a different story. Also, many states will appoint counsel for you for such a case if you are indigent. Your best bet is to immediately consult an attorney in your area to help you.

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  • My father verbally told me that I could have his truck after he died. His wife said he didn't have a will but left everything to

    She said he had a living will and left everything to her and she wont give anything to us (his daughters).

    Thomas’s Answer

    The wife may be correct. To be sure, you should consult an experienced estate attorney in your area.

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