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Kathryn Marie Lammers

Kathryn Lammers’s Answers

6 total

  • The mother of my kid took my kid across state lines and will not contact me or let me see my kid is there anything I can do?

    She took her from Minnesota to Wisconsin and I have been trying to ask her family to have her contact me and she will not contact me, let me have equal custody or even see my kid

    Kathryn’s Answer

    An attorney is going to need to know whether or not you have established custody or parenting time rights with your child. If not, you may need to establish custody and/or parenting time rights through the court system. The way this is done depends on a few different factors. If she is planning on relocating to another state it may be best to act quickly on this.

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  • What is the best way to get our voices heard when the other party dominates the floor constantly?

    We thought we had a great attorney. They said we had a good case. They were helpful all the way until now. They totally shut down. They said they will only represent they will not fight. If this does happen the other party will get their say in co...

    Kathryn’s Answer

    I agree that you should sit down, face-to-face, with your attorney and discuss their perspective on strategy. Pounding the table and performing an act will not convince a judge that your position is best. Is the other side taking an overly aggressive or inappropriate stance that needs to be addressed? The lawyer may be trying to protect you from taking an unreasonable stance or a position that lacks legal authority. Also, the attorney may want to take the "high road" to stay focused on the relevant legal issues and points that the Court must address without getting bogged down in the irrelevant mud-slinging. Talk to them. If they have a strategy, they will explain and if they are good attorneys you should listen to their strategy.

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  • I and getting a divorce everything else is settled beside the house

    when we bought the house it was put in her name, we got married 6 months after purchase. we were married for 4 years before I moved out. when I moved out we had the house appraised, it was appraised for 20,000 more then what we bought it for. what...

    Kathryn’s Answer

    One of the things that an attorney will want to know is the source of the down payment on the home. Additional information you should gather before meeting with an attorney would be whether you and your ex used marital funds to make mortgage payments and whether market increased the value of the home or you made improvements to the property to increase value. Was the home refinanced? Did you move into the home at the same time? This is an issue that requires more information but seems like it is worth your while to look into. You may also want to find out whether or not she will be making a nonmarital claim.

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  • Can father let his ex girlfriend raise our child if I have joint legal and Joint Physical custody?

    The father and I have permanent joint legal and joint physical custody. They are 15 and 12. The father lets me see my son but has been keeping my daughter from me. I recently found out that their father and his ex broke up four years ago and that...

    Kathryn’s Answer

    Generally the Courts will look to the parents to provide primary care for the children. I inititally wonder why you did not know where your daughter was residing for 3 years. If you have not seen the child for this period of time you will have to work on reestablishing a relationship with her.

    It doesn't sound like the ex-girlfriend has any legal standing to be exercising legal custody over your daughter.

    How this will play out will depend somewhat on whether you and the father have been active in the child's life these past three years and whether the ex-girlfriend will try to pursue custody in the courts.

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  • How do I protect my family from a man who is harrassing us about child custody?

    My wife had an affair and gave birth to our son. The other man has not attempted any court actions establishing peternity status, and my name is on the birth certificate. He continues to come over to the house, call and text my wife after I have...

    Kathryn’s Answer

    You can file a harassment restraining order or possibly an order for protection. While jurisdictions differ, generally to obtain a harassment restraining order you have to show repeated, unwanted contact. I practice in the state of Minnesota. Orders for protection are generally for the victims of domestic abuse.
    In Minnesota, the victim of domestic violence can generally obtain an order very quickly, pending a final hearing. This order instructs the violent spouse or family member to leave the parties’ shared home and stay away from the victim’s place of work, and can be issued within hours of a client’s initial meeting with an attorney, if necessary. The order will be forwarded to the local police, who will escort the offending spouse from the home. If the evicted spouse violates the order and contacts the spouse or other family members affected by the order, the action is treated as a crime and the district attorney will prosecute the offender.

    Once the temporary order is in place, the offender may request a second hearing, known as an evidentiary hearing, to prove that the allegations submitted to court are not true.

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  • What is the least expensive and quickest way to get divorced when we agree on everything, but we have a child?

    My husband and I split up about 8 months ago. Now, he lives in MI with his girlfriend and is not helping me support our 3 yr old son. He agrees to the divorce and to me having full custody of our son. We have no property or bank accounts to spl...

    Kathryn’s Answer

    Some states have dissolution forms and instructions online. Not all divorces have to be time consuming or expensive. Some states have self-help centers open to the public. I would look online and see if your state has forms that you can print and fill out yourself. That is usually the quickest and easiest way to get divorced. There are multiple pro bono agencies that are able to assist low income people or victims of domestic violence. You can find these pro bono agencies online.

    One final thing I would suggest is contacting a local attorney and asking if they do unbundled services. Some attorneys offer a limited representaiton arrangement where they help you draft documents but that is it.

    Start looking online and call a local attorney for suggestions.

    Good luck!

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