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Mark Alan Rohrbaugh

Mark Rohrbaugh’s Answers

5 total

  • Is it better for the individual to file for divorce or wait for the other party to file.

    main concerns: child custody

    Mark’s Answer

    In Kansas there can be a real advantage in the beginning because of the ex parte (without a hearing) temporary orders. The law allows for orders of possession of the marital home, child support, alimony, payment of bills, freezing of accounts among other things. This is all available to the first person to get to the courthouse and file the divorce and without a hearing. The other side can ask for a hearing, but that could take weeks and they are only modifying what you already have.

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  • My ex-wife has moved out of the school district in which my son attends high school. Can I file motion to modify parenting plan?

    My address is used for the purposes of school for my son. She has not lived in the school district for the past four years. Our three other children attended the same high school and she used her address to move our fourth child to a middle school...

    Mark’s Answer

    You can always file a motion to modify custody and/or parenting time. The test is what is in the best interests of the child. I am not sure what your existing legal custody is, but it sounds like it is joint custody, with the child primarily residing with his mother. I also have no information on the existing parenting plan (if any).

    Parents are supposed to work together for the benefit of the kids. If she has moved out of the area, that is a change of circumstances that would warrant a motion to modify. If she moved out of state, that alone is grounds for modification. If you live in the old district, and it would be best for the child to stay in that school, and there are other supporting reasons to change custody, you could be successful.

    Just changing the parenting plan is much easier. The process would start with the filing of a motion, followed by mediation, and then a court hearing if that fails. Wed., Thurs., and weekends is not very difficult to get. It is fairly standard. Who knows what will happen your case, but generically speaking, you have a good chance at success.

    Good Luck! Let me know if I can help.
    Mark A. Rohrbaugh
    Attorney at Law

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  • Divorce, filing, with children

    I'm getting mixed information and I am just trying to clear things up. I want to file for divorce. My husband and I have been separated since 2007 when I had an injunction granted. We have two dependent children. I used to live in Florida with him...

    Mark’s Answer

    Picking the best place to file can be tricky. If you have residency in a state, you can get divorced there even if the other party has never been there. However, that sort of divorce is limited to dissolving the marriage only. You may be better off filing where he resides. That court would have jurisdiction over him for everything. There is a problem, however, if he now lives in a different state than where child support was originally established. It is possible that you get divorced in one state, but have to go back to the original state the issued support orders to deal with child support and/or custody.

    It is no surprise to me that you have been getting different answers. It is a difficult question with no clear-cut answer. The only way you will ever know exactly what to do is to sit down with an experienced family lawyer and sort it all out.

    I know that is not a perfect answer, but it is the truth. This sort of thing is just too complicated to get answered online.

    Good luck.

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  • My husband & I have been separated since 2006. Can I get child support for our son?

    My husband left my son & I for an older man. They now live in Kansas & my son & I live in Missouri. We are separated, not legally separated. Is there any way I can get child support from him?

    Mark’s Answer

    Of course you can get child support. In order for a court to have the authority to order yor husband to pay support, you must file some sort of legal case against him. The tricky part is finding the correct jurisdiction in which to bring the action. You live in MO, they live in KS. One or both may have child support jurisdiction, depending on many variables. But, now matter where the best place to file is, you have to file something, somewhere. Your action may be for divorce, it may be for legal separation or just a petition for support.

    It looks to me like this is long overdue for something. I think you need to find a good, family law, lawyer and start to figure out exactly what you need to do. Every day that passes is a day that you can't get support for.

    Hope this helps, good luck.

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  • Want visitation rights to a child that we pay child support on but lives in a different state

    My fiance and i live in kansas and we have a 2 year old daughter and a 6 month old son. before we got together he was with another girl that he had gotten pregnant but she told him she was older than she actually was (she was 15 she said she was 1...

    Mark’s Answer

    Child support, child custody and parenting rights are all separate issues. If I understand your problem, your fiance has to pay support to a child living in Ohio, but he is not sure if that child is his and is not allowed to even see the child.

    It also looks like he did not participate in the case that ordered him to pay support. I say this because you say he defaulted. My best guess is that that case was a paternity action of some sort. If so, that was his opportunity to contest that he was the father. If he did not challenge paternity at that time, it may be too late now. Usually, you have so may days after you are served with the court papers to file an Answer with the court. In the Answer, you admit or deny what was said in the petition against you. If you don't file an Answer, you are in default and the case can go on without you. Once paternity is established, even by default, may permanent. (Ohio law may provide some exception I am not aware of, so if this was an Ohio case you would want to contact an Ohio lawyer to be sure.) Your only hope is to convince the court to set aside the default, reopen the case, and allow you to contest paternity. That's not an easy thing to do, and the more time that passes, the less likely you are to be successful.

    That was the support issue. You also have custody and visitation issues. You should be able to go to the court that ordered the support and petition for your parenting rights. Remember, there is nobody on Earth that has more rights to a child than that child's father. There is one person who has equal rights, the mother, but nobody has more rights. But, rights are like muscles - you have to exercise them for them to be strong. He needs to get into court and exercise his rights. It may take time, but as long as he is a good guy, he has a right to parent his kids and his kids have a right to their father.

    Hope this helps.

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