Kelly Kathleen Erickson's Answers

Married for a year (abusive relationship with a suicidal husband), what are my rights, what can I do?

You really do need to take care of this with a divorce attorney, to make sure you and your daughter are protected. If you file a police report, you may be able to obtain a temporary emergency protective order through the police department, but I suggest you look into Legal Aid or a similar service, or see if there is a shelter for abuse victims in your area, and they may be able to connect you to free or low-cost legal services.

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I have had my daughter with for the last 8 months since me and her dad split we are not married. he is now wanting visitation we

If he is on the birth certificate or has any other proof of paternity, the two of you have equal legal rights to this child. If you don't want to take the chance that he will end up taking her and then trying to get custody from the court, I'd recommend that you take that step now. Based on what you've said, it looks like you will need to file a parentage case, and you'll be able to set up visitation and also child support.

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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.

If the divorce is going to be agreed, the Judge may let you finalize it without proof that you have completed the class. However, unless you have a specific need to be finished immediately, I suggest you go ahead and take the parenting class first; it will almost certainly benefit you and your children.

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Is my house completely free from my separated wife at time of divorce?

If you are determined to purchase the house prior to the divorce being finalized, you and your wife should probably sign a marital property agreement confirming that the house is your separate property. Putting the loan solely in your name just means you are responsible for the debt; if it was acquired during the marriage, it is legally community property unless you do something to change that.

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Can I have the father of my child sign away his parental rights?

Some courts will allow a father to relinquish his parental rights if both parents agree with that decision, but they will generally want you to show you are able to support your child without any future financial support from the father. You would have to have him personally served in order to start a termination case, so the process is not going to be any easier than what you are going through with the child support case. If you are working with the AG's office on your child support, they...

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What do i need to do to finish the divorce process??

So you know if the case filed by your wife is still pending? Since it has been so long, the case might have been dismissed by the Court, and you would need to refile. To finalize the case, you will need to go to Court for a "prove-up" and have a final decree that you have both agreed to, with proof that you both were served or signed a waiver of service of the original petition. It is possible to do this without an attorney, but especially with children involved you will probably be better off...

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I am engaged and my fiance is wanting to move from texas to montana. I have two minor children 10 and 14. what do I need to do?

Check your existing order first to see what it requires. If there is no geographic restriction on where the children can live, then you are free to move with them. Be sure to give the required notice to the children's father and to the Court; most orders require 30 days' notice. If the order does give a geographic restriction (which does not include Montana), you will need to file a modification and ask the Judge to lift the restriction. Most Judges consider your reasons for moving, such as...

I have a morality clause in my divorce decree can i legally rent out a room in my home to the member of the opposite sex

It does depend on the specific language of your morality clause. Many prohibit living with a person of the opposite sex with whom you have a dating relationship, which would not limit you from renting a room to anyone you are not dating. That being said, you are probably better off avoiding accusations if you can, and sticking to a same-gender roommate. Be sure to look at the wording carefully; it may be more or less restrictive.

Single x military mom tring to gain back coustody of my son

If she had your parental rights terminated, there may be nothing you can do. Otherwise, file a Motion to Modify and try to get the Judge to change the terms of your order. Your chances will almost certainly be better with an attorney, but if you can't afford one you still may be able to do it by yourself. If something was done affecting your parental rights while you were in the army, you may have some rights under the Service Members' act.

Am married and i have a kid with another women and she wont let me get my child and say she dont want my child around my wife

Do you have any court orders for this child? If you don't, you probably want to start with a suit to determine parentage and get your legal rights on paper. It probably won't take care of all your problems, but it will give you a regular visitation schedule and hopefully take much of the stress out of it.