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Loretta Marie Helfrich
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Loretta Helfrich’s Answers

849 total


  • Can my soon to be ex get half of my 401 k

    I have been seperated from my wife for 17 years

    Loretta’s Answer

    Your wife will be entitled to one half of the marital value of the pension. So it depends on when the defacto ending date is for the marriage. The date can be agreed to by the parties or it can be determined by the court. I suggest you seek legal counsel to pursue/protect your interests.

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  • If my husband brings a sheriff to get his belongings after being thrown out, what is he allowed to take?

    Everything we have has been bought together during the marriage. I do not want him taking things from me and our two children out of spite. When we met he had nothing but the clothes on his back and a garbage bag of small things. We have been toge...

    Loretta’s Answer

    typically a person is allowed to pick up their personal belongings-clothing, shoes, coats, toiletries, medications. Marital property such as electronics, furnishings, etc are divided by the domestic relations court. Please seek legal counsel on this matter.

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  • My sons father wants to give up parental rights...will this affect me?

    My child's father wants to give up parental rights and he voluntarily sends money to my child every month. i never claimed for child support since i live in another country. Can this happen or will this affect me in anyway? what should I do?

    Loretta’s Answer

    Your question is unclear and confusing. A parent cannot "give up parental rights". A parent can opt to not seek parenting time or if they have an order of parenting time no exercise it. As for anyother matter you need to seek a consultation and be prepared to provide data on whether you and father were married, are there any court orders, what state or country may have jurisdiction and exactly what it is you are trying to achieve.

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  • Can my husband prove me unfit parent

    Can he use information of affair to win a custody case if we got divorced

    Loretta’s Answer

    An affair may be a factor in a custody case but typically is not determinate. How much of a factor depends on the nature of the affair and its impact on your ability to care for the children. Ultimately, custody will be decided by a determination as to what is in the children's best interest. Please seek a consultation with an attorney in your area. The information obtained in a consultation is well worth the fee and will help provide you with guidance and an understanding as you decide when and if to move forward with terminating your marriage.

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  • How can I be proved unfit mother

    Can my husband take my children if he makes more money?

    Loretta’s Answer

    No. Just because a person makes more money does not dictate that they will be the residential parent. Many factors go into a parenting decision with the ultimate decision being what is in the children's best interest. You need to seek legal counsel promptly to get the right information on parenting, property, support and any other items related to terminating your relationship. Even if you do not move forward now, an informed over view will go a long way to lessen your stress in dealing with your husband.

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  • I filed a contempt of court on my ex wife because she repeatedly denies me visitation, the judge did nothing, what now?

    I also want to add that she didn't even show up to the court date. The judge did nothing and now Im stuck with over $300 of court costs. Now my ex continues to deny me visitation and I am left feeling helpless. Not only that, she is alienating my ...

    Loretta’s Answer

    You need to seek a consultation with legal counsel. Take with you the current court order on parenting, the motion you filed and the outcome doing nothing. I am assuming that you did not follow the local court procedure in some manner. Please seek legal counsel and follow through on their recommendations.

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  • Is unsupervised visitation the same as over night visitation?

    My sons mother does not have any type of custody and my son visits her parents. She has unsupervised visitation and has been asking to have him over night and I'm not comfortable with it. If she is allowed to because unsupervised and overnights ar...

    Loretta’s Answer

    Unsupervised and overnight visitation are two separate things. I assume there is a current court order since you state Mother does not have custody. You should review that order to determine what parenting time she is entitled to. If it is not clear, then you should seek a consultation with an attorney and have them go over the order and your rights, duties and obligations.

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  • Father has not seen kids, contacted me, or asked about kids, can I move?

    The father of my twins refused to sign birth certificates, legal documents, etc. He pays no child support and seems comletely uninterested in his daughters' lives. Paternity has not been established, I provide everything for them. I recently got a...

    Loretta’s Answer

    Since there are no orders, there is no limitation on your ability to move. That said, Father always has the right to petition the court to establish paternity and to seek parenting time if he chooses.

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  • My child is now of age to go to school and we need to change the custody agreement for a residential parent. We are in agreemen

    The only problem to this case, is that my sons dad, is living in an unsafe environment for my son to be there even on the weekends. Now if the father agrees, that he know he needs to move and change the situation, will there be any investigations ...

    Loretta’s Answer

    You need to sit down and consult with an attorney in your area on this matter. If parents are in agreement, usually the courts will not do an investigation. However, here it sounds as if there is not really an agreement that will be followed. You need to speak with legal counsel and review the current order, the issues and concerns with the parenting arrangement, how you want to modify it and what it means to designate the arrangement shared (joint custody). In any event, even if matters go smoothly when dealing with parenting, numerous other forms are required. I strongly suggest you seek counsel and not pursue this on your own.

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  • What do you have to do if you have legal custody of a child and want to leave the state, but the parents have parental rights?

    My Grand daughter was removed from her parents home by child services and they were found guilty of neglect. We have had legal custody of her for about a year now. They have parental rights but seldom use them. Things with them have become inc...

    Loretta’s Answer

    You should seek counsel on this matter. Depending on the county rules you may need to file a notice to relocate. In any event, if the move impacts the ability to follow the current parenting time schedule, you will probably need to file a Motion to Modify the parenting schedule and get permission to move the child as well as modify the schedule.

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