There is not a specified amount of time that you have to wait for your ex-husband to be gone prior to seeking a modification of the prior order. You should contact an attorney about filing a modification in suit affecting parent child relationship (SAPCR). Make sure to inform the attorney of when the prior order was entered because if the order was entered within the last year, your burden is heightened. Good luck!
Deducting 8% from the purchase price is common for determining the equity position in real estate when it is going to be sold. Doing so in a refinancing situation is a little more of a gray area. I would imagine that your opposing counsel's position is that to recognize the equity in the house, rather than just on paper, the house would have to be sold. In a sale, the seller typically pays the seller's agent, as well as the buyer's agent. Closing cost often run in the range of 2%, thus the...
Yes. Typically, one parent joint managing conservator is going to be awarded the exclusive right to establish the primary domicile of the child. The awarding of this "exclusive right" also frequently brings tax advantages that you should discuss with your attorney.
Geographic restrictions are common. The restriction can be extremely narrow, or fairly broad. For example, the residence might be restricted to a particular school district or the county of residence and counties contiguous...
Where has your daughter resided since the discovery of the molestation? Where does the molester reside? Has CPS gotten involved? Has CPS filed anything with the court regarding conservatorship of your daughter? These are questions that would need to be answered prior to providing an absolute answer regarding your question above.
You have the ability to appeal a judgment against you as long as you can meet the statutory requirements for filing the appeal. You should look into contacting a family lawyer who does appellate work. Good luck,
In a situation such as yours, you have some legal and non-legal options. You could always contact the physician and explain the situation and ask him/her to write another prescription for the medication. On the other hand, you could always contact an attorney and seek the Court's intervention in forcing the mother to provide the medication if that is what is required in the Decree.
Unfortunately, there is not a clear answer based on the information you provided. The questions that an attorney ad litem and amicus attorney will often ask a child are similar, but not the same, as the two have different responsibilities. An ad litem is representing the desires of the child. A amicus attorney represents the best interest of the child. Regardless, both want to see what is best for the child. Good luck!
I would strongly suggest that you contact a family lawyer in your area to discuss your matter in more detail. Depending on the circumstances, you may be able to obtain custody of your nieces and nephews due to your sister's drug addiction and the children residing with you. A good family lawyer in your area should be able to walk you through the process.
Unfortunately, there is not enough information in your question to properly answer your question. Abandonment is one of the issues a court can consider when modifying conservatorship. I would strongly suggest that you speak with an attorney to address your custody issues. A good attorney can help get you through the process.