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Victor Joseph Brubaker

Victor Brubaker’s Answers

21 total

  • Can you live in the same house during the one year separation period to keep a minor child from being moved back and forth

    Separate bedrooms, care schedule worked out.

    Victor’s Answer

    In short, the answer to your question is No. You must live separate and apart for the duration of the 365 day period. If you are not willing to live separate and apart from your spouse, you may wish to reconsider whether divorce is actually what you want.

    The child will eventually have to move back and forth between their parents. It is the reality of divorce. Whether that process begins now or 365 days from now, it will have to begin at some point. However, if you want a divorce, you have to live separate and apart for 365 days before a divorce can be granted.

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  • My ex is bipolar. Can I present evidence of this to the judge during our custody hearing?

    My ex and I have one child, age four. We were never married. She is bipolar and receives SSDI benefits for this disorder, which will come up in court when we have to present information about our financial abilities to care for our child. She has ...

    Victor’s Answer

    You can certainly present evidence of her mental illness in a custody trial. You should have an attorney subpoena her records. The Judge's ultimate determination regarding custody will be based upon "the best interests of the child," and each parent's health and ability to care for the child is relevant along with several other factors that you should discuss with an attorney.

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  • Can I drop child support? ??

    Ok sense child support has been estabished, since January of this year, my husband and I have been seperated for over a year. He has been paying child support, and then some, we have also been undergoing counseling. We have to go to get support a...

    Victor’s Answer

    • Selected as best answer

    You should contact the Clerk of Court's Office in Livingston. The women who work there are very helpful. Ask them if you can speak with the Judge's attorney who is assigned to your case. They can give you the phone number.

    Explain to the Judge's attorney that you wish to dismiss your divorce and child support. You may both be required to go to court one more time to enter your dismissal on the record, but once you get a Judgment of dismissal, you can bring that to the D.A.'s office to have the support proceedings dismissed as well.

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  • Supervised visitation?

    How does supervised visitation work in Louisiana?

    Victor’s Answer

    When a court grants a party supervised visitation, it simply means that any visitation with the child must be conducted under the supervision of an adult appointed by the court. The parties can suggest who should supervise, but it will ultimately be the judge's decision. Sometimes, they require an off-duty sheriff deputy to supervise. In that event, it is generally the parent who must be supervised who must pay the deputy's fee.

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  • At 16 can a female child choose what parent they wish to have custody of them ? What would the conditions need to be ?

    The parent has recently been released from jail and wants the custody of the child back from the grandparents who the child no longer wishes to resign with , theres no neglect in the household, the childs well taken care of but simply wishes not t...

    Victor’s Answer

    When reviewing a request to change custody, the court will consider that is in the best interest of the child. Each party who is seeking custody (or trying to keep custody) will have to present evidence of why their request is in the child's best interest. The child can testify, and the child's testimony will be taken into consideration, but the final decision will be based on the totality of the evidence. An attorney can help you gather the relevant evidence and, most importantly, present that evidence in court.

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  • Can I be charged for child support if I never signed a birth certificate, never seen the child (12 years to be exact)

    the child is 12 years old. Don't have any contact with child nor mother, but yet being charged for support. what can I do?

    Victor’s Answer

    Signing a birth certificate is not definitive of whether you are the father. There are ways in which LA law will allow a presumption that you are the father of the child. You should obtain copies of any pleadings in the matter. They will inform you why you were presumed to be the father. Then, consult an attorney who can advise you on what steps you need to take to protect your rights going forward.

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  • Four out of Five children do not want to come over on dads weekend; because he has different parenting rules. Should he pay 2K

    Father of five and paying out full insurance and 2k a month on support. My children have free run over my ex-wife. When its my time to visit on my weekends they pick not to come because I have different rules. Do I have any rights to make them sta...

    Victor’s Answer

    Custody and visitation are separate issues. Unless and until your court ordered child support amount is changed, you are required to continue paying it.

    You are also entitled to your visitation time, whether the children like it or not. It is both parents' responsibility to enforce the visitation schedule as agreed upon, or as ordered by the Judge. If she refuses to bring the children to you, or will not allow you to pick them up, simply because the children don't want to go, then she can be held in contempt of the custody Judgment.

    You should see an attorney to discuss the specifics of your case and assess all of your options going forward.

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  • My father refused to sign the property settlement papers 11 yrs ago after my parents divorce and still does. Can we make him?

    My mother is terminally ill. 11 years ago she and my father divorced and under the judges order he vacated the house and my mother gained possession and has lived there for the last 11 years. We are concerned that because the property settlement...

    Victor’s Answer

    It is not uncommon that, upon separation of the parties, the Judge awards use of the family home to one of the parties. It sounds like your mother was granted use of the house 11 years ago.

    As a community asset, ownership of the house was 50/50 between your parents. If the community property was determined by trial and the Judge issued a Judgment of the Court, your father's signature was not required to transfer ownership to your mother. However, it sounds as though this is not what happened in your parents' case.

    It sounds like your parents agreed to a property settlement without asking for a trial. If that is the case, and your father refused to sign the written agreement, then there never was a properly executed settlement. If that is the case, then the house remains 50/50 owned by both of your parents.

    Your mother needs to meet with an attorney A.S.A.P. to settle the community property matter and be sure her Will accomplishes what she expects it to accomplish.

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  • I am the custodial parent of two daughters and their father has not paid any child-support, but his parents sent me money.

    When his parents have sent me money it was never stated for child-support and i told them they needed to send it through the courts so he received credit. The father has been in and out of prison for most of the girls lives. Now the parents want m...

    Victor’s Answer

    Child support is never paid "through the courts." It is generally paid directly from one parent to the other. In some instances, a judge can garnish a parent's wages. Then, the support check would come from the employer, rather than from the other parent directly. In other cases, the District Attorney can bring a case against a parent. In those instances, the court will require that parent to make payments through the DA's office, who will track each payment.

    If child support has never been awarded by a court, or if you have never entered into a written agreement for child support, then he cannot be penalized for not making payments. If such an order is in place, the court may or may not give him credit for the payments made on his behalf.

    The bottom line is this: If you want him to make payments, it is probably in everyone's best interest that he is allowed to keep his CDL licenses so he can make money. If he is unemployed, he won't be able to make payments at all.

    You should meet with an attorney to discuss what steps you can take.

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  • How do I disprove residency of custody case in another parish, where papers were filed against me?

    I am unmarried & my partner of over 6 years has lived with me in another parish for this time period. She just filed for custody of our 4 year old son, after staying with her mother since 10/7/2012 using her mothers address in the other parish. Sh...

    Victor’s Answer

    Unfortunately, all she has to prove is that she is now a resident in that Parish and intenda to remain there. Any documents you can provide showing that she still resides at the old address, or that she intends to return to the old address will be helpful.

    You must be very careful, however. By saying that she is not a resident of the Parish where she filed, you are disputing whether the court has jurisdiction to hear the case. Making a general appearance in court can be considered a waiver on your part to any such argument and consent by you to the jurisdiction of that court.

    You need to contact an attorney before going to court so that they can guide you through the process of filing an Exception to preserve your argument while not submitting to the court's jurisdiction.

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