My husband will be serving 90 days and his ex is refusing us any visits during that time. My stepdaughter is 7 and I have been around since she was one. We were married a year a half ago and have a 4 year old together. Its going to be hard for our...
You can file a motion for third-party placement, but by the time the motion is considered by the court it is likely that the 90 day sentence will have been served. Furthermore, your third-party placement motion would draw attention to the fact that your husband was incarnated, leaving your husband exposed to possible significant changes to the placement order given the order language you described. Absent a court order stating you have time with the child, there is nothing you can do.See question
I have sole custody and physical placement of my child. My ex has been court ordered for no placement, and has not seen her in several years. Can I change her last name to mine?
You can file a name change petition, but you will need to serve the other parent with the notice and petition for the name change if the child is under 14 years old. If the other parent objects to the name change, the court will need to decide whether to grant the name change request. Given the facts you outlined, I think a court would grant the name change.
If the child is 14 years old or older, you can file without notice to the other parent. As you have sole legal custody, it is within your authority to request the name change without the consent of the other parent.See question
There is a company trying to collect on this judgment. They added someone else bill to the judgment and now it looks like I am stuck having to pay for it.
You can try filing a motion for relief from judgment requesting the court to address the issue. However, the timeliness of the motion would weigh against the request. Do you have a substantial amount of other debts? If so, you may want to consider a bankruptcy filing. Also available to you is a Wisconsin Voluntary Amortization of Debts action, but you would have to pay the balance of the debt off over no more than 36 months.See question
In a non contested divorce you an your spouse write up an agreement on custody. My ex signed notarized the divorce papers and mailed them to me the agreement he emailed cuz he don't have access to a printer. Wen I sign an noterize my part. Does th...
The agreement must be signed by both parties and submitted to the Court for approval. You can remit the Agreement to the Court and request that the Court enter an order on the agreement, also referred to as a stipulation. The agreement can be in hand written format, but it likely preferred by the Court to be typed up. I hope this helps.See question
We are seperating and we have one newborn child, and want to know what my legal options are.
You would need a family law attorney who handles paternity (if voluntary acknowledgement not present), custody and placement actions.See question
I had insurance she refused to use it, she also sent a signed letter, which I have a copy, stating she doesn't want me to cover him on my insurance she doesn't want it, now does that letter and the time frames in which she sent the bills , do I ha...
If your court order requires you to contribute towards the uninsured medical expenses for the child you could be found in contempt of court if you do not pay your ordered contribution. However, whether to impose sanctions for an alleged violation of a court order is discretionary, meaning that if the court hears that over 12 years she never sent you any bills and requests for payment, she told you that you didn't need to provide health insurance, and any other facts which would characterize the request as unreasonable, the court could refuse to impost sanctions against you. Contact an experienced family law attorney in your area to discuss the specific facts of your case and the strengths and weaknesses thereof.See question
She has primary placement joint custody
I would be surprised if the order says that the parties are awarded joint custody and primary placement to the mother without any designation of your secondary placement. Most of these types of orders would, at a minimum, indicate the secondary placement to be "at reasonable times and upon reasonable notice". Nevertheless, the answer to your question assuming either scenario is yes. Now if you refuse the child going back to the primary parent, you could face police involvement or a motion to enforce placement. If you have been the one primarily caring for the child or you have been exercising routine placement with the child at consistent intervals on an informal basis and you want the placement order to reflect how you have been exercising placement, you need to file a motion to modify the placement order. Contact an experienced family law attorney in your area if this is something you want to pursue.See question
Our divorce was final on Sept 9, 2014. When I recently ran my credit report, the home mortgage was still on it. I had to sign a quick deed to the family home as part of the division of property in order to obtain the divorce. Now my credit report ...
Executing a deed to transfer ownership of real estate does not impact whose names appears on a mortgage. Your ex-spouse would need to refinance the mortgage into his name alone for the mortgage to stop being reported on your credit. Was there any language in the divorce judgment requiring ex to refinance?See question
My ex is refusing to sign the passport application for our 15 year old daughter unless I forgive his entire child support arrears (over $50,000) and lower his monthly child support obligation. She is supposed to go on a cultural exchange school tr...
You could file a motion to force the ex to sign the papers, but you could also file a motion requesting the Court to grant you the authority to file the application without needing the ex's consent. The Bureau of Consular Affairs does allow for one-parent consent so long as a family court has granted to that parent permission to file the application. For BCA information, please click on the below link.
This would be a family court issue, but waiving arrears in not appropriate, or as stated above, not necessary. Consult an experienced family law attorney in your area.See question
Dosent everything go to the surviving spouse ?
Mr. Karp is correct. If you attempt to alienate your spouse's interest in property, your spouse can recover his or her interest in the property from the recipient.See question