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Christopher Michael Schmiedeke's Answers
Contributor Level 14
- 648 Legal Answers
- 16 Legal Guides
2
Attorney answers:
What happens if I'm doing a prose divorce with children and I don't have my parenting classes done it's past the 60 days.
You can go before the judge without the certificate, but they may flag your case and ask you to come back after you have completed it. The sixty waiting period is just the EARLIEST date you can get divorced. You can get divorced well after the sixty days have elapsed. Go complete your class and then schedule your divorce court date. Good luck.
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1
Attorney answers:
How do I change my kid's last name if the bio dad isnt in the picture at all?
I think I answered your question in another post, but in order to change the child's name you would need to notify the biological father. If you cannot locate the biological father you can serve him via publication. If he does not answer the lawsuit you can proceed with the name change. Good luck.
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3
Attorney answers:
Question about marriage
It is impossible to tell with the facts you have laid out, however, let me pose a hypothetical. Man is in Marriage A. He separates from that wife. During his separation from marriage A he marries another woman (marriage B.) Marriage B is a void marriage and never existed unless after marriage A was dissolved and he continued in the B marriage. If that did not happen, then the B marriage is void. If he was not with marriage B when he got divorced in marriage A then upon the completion...
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2
Attorney answers:
Is the father of my child able to take him across state lines? He isn't listed on the birth certificate.
You are going to need to address these issues in your CPS case. You really need to contact a lawyer in your area and schedule a meeting. Tell them the facts and they will be better able to advise you.
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2
Attorney answers:
What does medical support not cover?
You may need to modify your order. Talk to a local attorney, give them the facts and paperwork, and see what they think. Good luck.
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3
Attorney answers:
My son is 14 yrs old - Dad does not want to let him go to summer school - child does not want to go for visit if he cant go
I suggest you immediately contact an attorney and file a modification to this year's summer possession schedule. If time does not permit that, just know that if the child does not go, you are in violation of a court order. However, I cannot imagine that a court would disagree that it is in the best interest of the child to attend summer school to avoid repeating a grade. Good luck.
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4
Attorney answers:
Wife's assets during divorce ?
Gifts given to her during the marriage are her separate property and you would most likely not have a right to those. The jewelry depends on how it was obtained. I suggest you talk to a divorce attorney about this, they will be better able to identify what property you are entitled to. Good luck.
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2
Attorney answers:
Can i refuse to be a witness concerning a custody battle?
Yes you can refuse as long as they have not issued you a subpoena. You'll know if that happened because they will serve you with the subpoena. In that event you would have to appear on the date and time in the subpoena and offer testimony. I would suggest to them that you do not want to testify as that you do not have anything negative to say about the other party or something to that effect. Usually people are only called upon to offer negative testimony. If you have nothing negative...
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2
Attorney answers:
Joint Custody Rights
You are entitled to know where you child when in possession of the father and you should be allowed reasonable telephone contact. However, if your decree is silent on those issues then he is not obligated to do any of those things. I suggest you contact a local lawyer, discuss your case with them and see if they can help you out. Good luck.
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2
Attorney answers:
Can i legally deduct the $377 for her health insurance of the Child support?
I would not advise it. Her health insurance has nothing to do with supporting the children. You are under a duty to support the children. It sounds from your post that there is not a court order for child support, that you are paying by agreement. If that is the case, see if you can reach agreements on the amount to be paid. If you are paying pursuant to a court order, then you must follow the court order and cannot unilaterally change that amount. Good luck.
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