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Shannon Renee Thomas

Shannon Thomas’s Answers

8 total

  • Child Support obligation while incarcerated

    I was incarcerated from 12/1994-1/02 and the child support obligation was never altered during that time. It was about $300 each month. When I was released I went back to making monthly payments and have never missed one. I would like to know i...

    Shannon’s Answer

    In California, an order is an order unless someone applies to have it changed. However, if two parties agree to modify the terms of the child support order, then they are free to do so as long as none of the support is owed to the state. Therefore, the two of you could agree that the order was stayed for the period of incarceration, and that there was no support due for that period.

    If arrears are owed to the state because the mother was on public assistance, then the mother does not have the discretion to agree to modify the amount of the support arrears.

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  • Biological fathers rights after signing consent for adoption by step-parent

    My husband signed a consent to step-parent adoption in 2004 allowing his ex-wifes new husband to adopt his son. In 2005 he attempted to revoke this cosent but was esstopped from doing so. In 2007 we recieved a call from the childs mother stating s...

    Shannon’s Answer

    This is a complex issue. Without a set-aside of the step-parent adoption, your husband has no standing at all with regard to this child. You will definately need to consult with a family law attorney in your state to find the answer as to whether the adoption can be set aside.

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  • Adoption

    I have a one year old daughter, her father has never seen her nor has he asked about her. I have a boyfriend and we are planning on getting married, can we terminate his paternal rights so my new husband can adopt her?

    Shannon’s Answer

    In California a parents rights can be involuntarily terminated if he/she has left a child without contact or support for a period of one year. The easiest route for you to go would be to see if the father would consent to a step-parent adoption/termination of parental rights. If he does not, then you have to find out what your states rules are for termination of parental rights.

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  • Child support

    hello my son turned 18 in march of 08. he is graduating june 10th 08. hes not planing on going to college at this time. and i owe no back support. should june of 08 be my last support payment? thank you

    Shannon’s Answer

    In California June 2008 would be your last support payment.

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  • Relocation of child

    Neither parent has custody of the child, but the child has live with me, the father, the majority of the time. The mother would come to get her every other weekend for a few months, but then she would disappear and not see her for 6 months or so a...

    Shannon’s Answer

    I am answering this Question with a basis in California law. If there are no court orders at all in place regarding custody, there is nothing to dictate that one parent has greater custodial rights then the other. Therefore, if you are the father, have the child with you, there is no court order telling you otherwise, it would not be a violation of any law to move to the next county. On the other hand, if there are formal orders in place, you would need to read the language of the order to see if there are any restrictions on moving.

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  • Splitting assets in divorce

    I am separated and filing for divorce. I live in a home I inherited from my father. My husband requested that I put the house in both of our names, and I did so. Now he want 50% of the equity in the property as part of the settlement. Since I ...

    Shannon’s Answer

    In California you would get a separate property reimbursement in the equity in the house from the date that you put your husband on title. So, if the house had $100,000 in equity when you put him on title, the first $100,000 goes to you as reimbursement for your separate property contribution, and the remaining equity is divided equally. This particular fact scenario probably varies greatly from state to state, so you probably want to contact a lawyer in your state for a consultation.

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  • Can you get married if you have a no conact order in effect? (state of Washington)

    My finacee and I a no contact order put on us by the State of Washington. Not to get into details but it was a stupid arguement over heard by a nosey old neighbor who called the cops. We were shouting that's all. Can we still get married? We have ...

    Shannon’s Answer

    You can technically get legally married, however you will be violating the terms of the no contact order to do it. So, the person who is supposed to be restrained could technically be arrested at the ceremony if someone reported the violation. If the two of you want to stay together, the "victim" of the incident should try to get the no contact order dissolved. If it was a criminal order, you should contact the local district attorney and see if this can be achieved.

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  • Child (not mine)

    I have a 17 yr old girl living with me(my sons girlfriend), and she's pregnant. The girl has not lived with her mother for 8 months now, the first 6 months she was living with her moms friend, who kicked her out of her home. Then the last 2 months...

    Shannon’s Answer

    You may want to apply to the court to be this girls legal guardian (either temporary or permanent) until she turns 18. That would eliminate her mother's legal right to make decisions about her. However, the legal responsibility for her would transfer to you. The court would likely grant your request it if that is what the child desires, because she is aged 17.

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