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Betty Jean Burley

Betty Burley’s Answers

432 total


  • Can i get residential custody of my son for school purposes?

    My son stays in indianapolis with his mom. He has been there for the last 4 1/2 years. I get my son for summer breaks, spring break, thanksgiving break and christmas break. He is now in 2nd grade. I pay child support which is deducted every week f...

    Betty’s Answer

    I am going to assume for purposes of this answer that the original custody determination was in Ohio, as otherwise Indiana would have jurisdiction. Child support continues during summer vacation because many expenses related to the child (a home with enough bedrooms, etc) do not cease just because the child is not present. Some counties make a reduction for extended visits, but most do not.

    While you can file a Motion to change custody, you would have to demonstrate both a change in the child's circumstances since the order and that the benefits of that change outweigh the potential harm and that the move is, overall, in the child's best interest.

    If the child is doing well in school, is living in a stable household with siblings, and is well-adjusted, you have a very steep burden to prove that a change in custody is in the child's best interest.

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  • I need a divorce and child custody lawyer.

    I am an engineer and my wife is trying to just leave with my child. I need to converse about this.

    Betty’s Answer

    The questions and answers section of this forum is designed for attorneys to give brief explanations to specific questions. The "Find a Lawyer" tab is a better tool to find a lawyer who can explain your rights.

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  • My wife has a family trust which our house is deeded under and 70 acres. Am i entitled to any assets we have been married 8 year

    We have 3 children in common and have been living together for 15 years. The trust was formed in 2004, we married in 2007. She has left me with the children and does not see them. The assets were inherited from her family farming businesses.

    Betty’s Answer

    As the trust was formed prior to your marriage and the assets were inherited, the assets are likely to be claimed as "separate property" in a divorce, in which case you would not be entitled to a share. If, however, marital funds were used to improve the separate property or to pay down debt, you may be entitled to a share of the equity that resulted from the infusion of marital funds. A good family law attorney can help you sort this out.

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  • Husband vs father on birth certificate

    I live in Ohio, my wife and I have been separated for 1.5 years. She just had a baby with another man. They told her she has to put my name on the certificate. Is this the case, and if so, once we are legally divorced can the birth certificate ...

    Betty’s Answer

    Your wife has been advised correctly. The issue of paternity can and should be raised in a divorce. The magistrate will likely order genetic testing and then the birth certificate can be changed to reflect the correct father.

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  • Under the 14th amendment of our Constitution it says we do not have to have a driver's license to travel is that true

    I was pulled over and cited for driving under suspension because I don't even have a driver's license which was suspended through child support or something I do not have underarm Fourteenth Amendment of the Constitution says I do not have to have...

    Betty’s Answer

    You do not need a license to travel (a right), however, you do need one to drive a motor vehicle (a privilege, not a right). You're not going to beat this by citing the 14th amendment. sorry.

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  • I have legal custody and ex boyfriend has visitation. He's thinking about giving up his parental rights until he gets back on

    His feet then going back to court to get his rights back. Can he get his rights back after giving them up

    Betty’s Answer

    He can't simply "give up his rights" and stop paying child support. The only way the court will terminate his responsibilities (and his rights) is for someone else to adopt the child. Once his rights have been terminated in favor of another legal parent, there is no going back.

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  • I want to move to Ohio from Florida with my son. His father and I have never been married could I be forced to move back?

    My son is 20 months. I have told the father of my plan to relocate, and am currently in the Ohio with my family vacationing and want to stay. The father is verbally abusive and uses drugs. Can I get in trouble and be forced to move back to Ohio? A...

    Betty’s Answer

    You would need to address this issue to Florida lawyers, as Florida likely has jurisdiction over this matter.

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  • Rent to own home, Have land contract. The center floor joists are broke in many different spots and cost $20,000 to fix.

    I'm renting to own my house on a Land Contract and found out my floor joists are broke. I told the owner of the home, he said it's my problem. Is it illegal for him to sale me this house when he knew it was broke. Neighbors told me that the last ...

    Betty’s Answer

    Rent to Own and Land Contract generally refer to two different types of financial arrangements. If the home is truly rent to own with a small portion of the payment going toward the purchase price, then the landlord has the duty to provide a habitable residence. Depending on the severity of the damage, the home may or may not be deemed habitable, and you could possibly escrow your rent with the local court to get him to fix the floors.

    Land contract is a different beast. It is more like buying a home with a mortgage, which generally requires the buyer to undertake the cost of the repairs. If, however, he knew about the joists and hid them, you might have a case to rescind the land contract.

    You should talk with a real estate lawyer familiar with these issues.

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  • At what age can a child say they dont want to see there mother

    My daughter be 17 in dec and she has never seen her mom or talk to her since she was 2 and now she take us to court for vistion right but she never had them and my daughter dont want to see her they never talk or never seen each other her whole ...

    Betty’s Answer

    Your daughter ha an absolute right to refuse at emancipation (18 or graduated from high school, generally). However, until there is a court order for the visitation, you do not have to allow it. At age 17, your daughter should be sufficiently mature that the court will give her opinion a fair amount of weight. The judge may interview your daughter in camera (in chambers, without the parents or lawyers present) to ask what she wants and explore the reasons.

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  • How to change my last name to my wife's, we're a same sex married couple.

    My wife and I married in Toronto Canada on 4/16/04. Since Marriage Equality passed can I change my last name to my wife's by simply taking our marriage license to the DMV? Please advise me on how to change my name. We only have a Toronto marriage ...

    Betty’s Answer

    You would start by going to the social security office with your marriage license. Once the name is changed with SS, you can change your name on your identification, bank accounts, etc. Congratulations!

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