Starla D. Zehr's Answers

If my wife says to have been abused by me does that forfiet any of my rights as a husband and does it give her any extra rights?

To gain an unfair advantage within a litigation, this type of accusation is frequently waged. However, to be credible, it must be accompanied by some sort of actual evidence of abuse, such as police report or prior arrest and/or conviction.

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Non-custodial parent runs out of state w/child. How can custodial parent get child back?

The other state is required by law to recognize a valid custody order but you may need to register the court order with the county in which the child is now located. It is critical that you immediately hire counsel to file a motion with the current court that has jurisdiction and notify mother of the motion for immediate return of the child. You should also file a police report since this is a form of kidnapping, and is certainly violative of any existing custody or domicile order, subject to...

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How can i get my daughter back

If you have knowledge of an actual court order granting custody to another person and if you possess the original order of custody, you must immediately file a motion within the action that granted rights to the other person. The court may not have been informed of your custodial rights, and it is critical that you enforce your custodial rights immediately as the longer you wait, a new established custodial environment is being formed in another household.

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My husband has been declaired "disabled" from Social Security. He owes child support.

The child support will be calculated upon his disability income together with the other parents income and the number of overnights that the child(ren) spend with each parent. The Court cannot make you pay his child support obligation, nor should you, because that establishes his ability to pay. If he declares no income, the Court will likely impute some form of income to him, either his estimated social security disability income or minimum wage; however, if he is disabled, minimum wage is...

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Can the birth father get visitation when he has not been a part of the childs life for a year.

Unless there is legally established paternity (by way of an Affidavit of Parentage or proper court order), Father has no legal standing for parenting time, and you are not required to release the minor child to Father. Either parent may establish proper custody and parenting time rights with the appropriate Family Law Court.

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I have legal joint and physical custody of my kids. Can my ex exclude me from picking my kids up from school on school records?

You must give the school office a copy of your joint custody court order, and they are required to grant your legal rights as an emergency contact and for parental notification relative to your children. You may also address this issue as a direct violation of legal custody before the Court that issued the court order.

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What is this request to prodeuce "custody Interrogatories" and how is it used?

Attorneys often engage in a process called "discovery." Discovery may include Interrogatories which are questions which are answered under oath, or even Requests for Production of Documents or Admissions, and ultimately, depositions are sometimes used, which is testimony under oath in the presence of a court reporter. You are required to answer the document if it is properly prepared, but this area is often complex and you would be wise to seek legal counsel before submitting your Answers...

Does unemployed, custodial parent have rights to receive TAX benefits for children?

Unless the language of your final order contains conditions for the tax deduction you will be violating that Order if you claim the deductions for both children. Also, if the tax deduction is tied to the actual custody or parenting time exercised, it could possibly be changed upon a proper motion before the court. If it is not tied to it, the Court will enforce your prior agreement.

How do I sue my ex for our divorce agreement?

The court retains jurisdiction to enforce the terms of your divorce decree. You need to file an enforcement motion before the court that issued the final Divorce Judgment.

Wrting a letter to the judge in a child support case

Your Judge will not read or review an ex parte communication (a communication from one party without a record). You will need to file a proper motion to reinstate FOC services as is your right and for an appropriate review of child support since much may have changed since 1999.