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Lee Alan Thompson
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Lee Thompson’s Answers

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  • Can the wife request a background check on people that may be around her kids when they are with the husband?

    I am seeing a guy who has been separated for 10 months. She left him and they have two kids. The wife's boyfriend is living with her and the children. We have been dating for 5 months and would like to meet the kids. She has said she won't allow t...

    Lee’s Answer

    This whole thing is messed up in my opinion. It's never good to be introducing children to a boyfriend/girlfriend immediately, especially when both are still married. Court frown on it. Yet she's living with another man and has the kids with her. He's dating and wants to have you around the kids. That's certainly the lesser of the two things a court may look at.

    If I were you, I'd never consent to the background check. That doesn't mean she doesn't have the right to know something about the people that will be around the children. He has the same right.

    The easiest thing for him to do is file for divorce and seek temporary orders. That's step number one. Her position is unreasonable and makes no sense since she's already living with someone. Depending on the issues in the case, step two may be a guardian ad-litem. There would be an interview of you by the guardian, in fact I can't see how there wouldn't be.

    Tell him, if he wants to see the children to file for divorce.

    Best to all,
    Lee

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  • Should my ex reimburse me for all expenses after the first $150 up to $600 that is paid with the HSA money from my employer?

    I am required to pay my children's medical premium and cover the first $150 of medical costs not covered by insurance. I enroll in a consumer driven plan through my employers that covers myself and the kids. With my medical plan, my company cont...

    Lee’s Answer

    Not necessarily but there's no way to really answer this. The court should have made an order and as part of that order, the uninsured or uncovered health care costs for the children would have been addressed, usually on the basis of a percentage of overall income to each part for what are called extraordinary costs.

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  • How can the judge ignore facts and decide on hearsay and opinions ? What should I do?

    My case is child custody. I was arrested for not having a prescription of vicodin and having some in my possession. My children have been telling me how bad their life at home with their father and stepmother was, they mentioned him spanking them ...

    Lee’s Answer

    Since you have an attorney, talk to him again and if not satisfied, I guess the only thing to do is get a new attorney.

    Best to you,
    Lee

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  • Can I get my money back since its court ordered and how do I go about getting it.

    My ex wife didn't file taxes in 2013, I however. Paid mine, it's now 2015 and through our divorce it was court ordered that we both take our own debt.. The irs took 2000 dollars from me.

    Lee’s Answer

    If the debt was one that was court ordered for her to pay, you could file a contempt. However, it sounds like there is something more going on here. You could talk to the attorney that represented in the divorce or speak with a tax attorney.

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  • Can I file to get some kind of monetary compensation, such as alimony, part of his retirement pension and 401K?

    I feel that I was tricked into signing divorce papers by my ex husband over a year ago. I was led to believe that for us to work things out and for me to come back home, that he and our kids decided that I had to sign and give him the divorce p...

    Lee’s Answer

    You would have a difficult time in Ohio vacating the judgment although fraud would possibly work. The good news is, you do not have an Ohio case but rather, it would have to be done in Pennsylvania and the time limitations could be different there. You would need to consult an attorney there.

    Good luck to you,
    Lee

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  • What will happen if I do not show up in court and can he take custody of my child?

    I'm been sued in another state by my child's father who have no legal rights to him nor is his name on the birth certificate but he says I'm an abuser and unstable. How do I dismiss the case without going to court because I feel is a stupid case

    Lee’s Answer

    More than likely it's filed in the wrong state but you should get an attorney in the other state to raise jurisdictional issues to have it dismissed. However, something has to be done in court to have it dismissed. If the other state does not have jurisdiction to rule, it really shouldn't require you to much in the way of court time but you need to defend it.

    Best to you,
    Lee

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  • What are Ohio abandonment laws?

    My son is 3, never married, I have sole custody by default. His dad is on the birth certificate, my son has his last name, and he pays child support. He has been in and out of his life a lot. He usually sees him once every 2 months but has not see...

    Lee’s Answer

    That's not really a legal concept of abandonment except in a sense for an adoption. Since you already have custody and he has no parenting rights, you really do not need to do anything. You can say no to any request for him to see the boy.

    On the adoption, there kind of is abandonment. If he has parenting rights and fails to see the child for a year prior to the commencement of the adoption, without justifiable cause, his consent to the adoption would not be necessary. But, that's for a later time. Don't give up the support though based on an agreement he will not see the child. He would be able to come back later to file to see the child but you would lose the support if this was by order of the court.

    You could have grounds to consider changing the last name of the child though. Essentially, you need do nothing at this point.

    Best to you,
    Lee

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  • My husband and I are trying to get custody of his daughter from a previous relationship, where do we begin?

    My husband has a seven year old from a previous relationship that we are hoping to get custody of. What is the best approach for starting this process? Her mother is in and out of jail and has a known drug problem. She usually is not even in the c...

    Lee’s Answer

    This is going to be difficult. He is going to have to get in attorney in the state where the child resides. Paternity is going to have to be established first. The he will have to file for custody. While you may not have a phone number, it sounds like you have an address for the mother and you'll need it to get her served.

    The first step is to contact an attorney in the state and city where she resides. Because contact has been minimal, the sooner your husband gets started on this the better.

    I can't give you too much information on what he needs to do other than the above. States have different statutes regarding custody but generally courts are looking to the best interests of the child.

    Best to you,
    Lee

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  • How can i help my daughter during the time i file to the time we have court. I am afraid the child will try to runaway

    I currently have joint custody between the grandmother father and mother. Mother and father wants to file for emergency ex parte motion for custody. Mother and father believe that if they file just a custody motion that tge grandmother will take h...

    Lee’s Answer

    Puzzling factual scenario but if there is enough evidence, she could try to get an ex parte custody order. Your daughter would need to speak with an attorney though to determine if the evidence exists to get it. Otherwise, all she can do is file for a modification. You need to speak with an attorney also to get through the fact pattern. I'm not following this.

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  • What type of action should i take?

    My ex husband has been making my life stressful. We have shared custody of two young kids. I remarried and im currenty pregnant. He does not obey the court order. He has refused my visits. I have started filing reports when he does so but i canno...

    Lee’s Answer

    I'm not sure which of you are being refused visits from what I just read. If he is refusing you, he is in contempt.

    What would be highly effective is for you to get a civil protection order, which you can do on your own, with an attorney, and many shelters provide assistance. Your husband may be eligible for a civil staking order. What makes both of these effective is a violation is not just a contempt, but a separate criminal action.

    Consult an attorney that provides a no cost initial consultation.

    Best to you,
    Lee

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