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Barbara Peyton
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Barbara Peyton’s Answers

321 total


  • Am I within my rights as the mother to suspend visitation with the father until matters are completely settled in court?

    My ex and I have been separated for 3 years. For that 3 years I have had physical custody of our 7 year old daughter due to his poor health (PTSD, Seizures, anxiety/panic attacks). Just recently we have moved in close proximity of each other and a...

    Barbara’s Answer

    Rather than take away dad's parenting time, file papers with the court to get an order outlining what parenting time and in what circumstances dad can have parenting time. The court will not like it if you remove dad from the lives of the children. The court needs to know about dad and whether he poses a risk to a child.
    Good luck

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  • Can I file for divorce while pregnant? Or do I have to wait till the baby is born?

    I am almost 6 months pregnant and husband cheated on me last month.. We are no longer together..

    Barbara’s Answer

    You can file for divorce at any time -- pregnant or not. All you need to put on the forms is that there are irreconcilable differences. Once the child is born you can handle parenting and child support.
    Good luck

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  • When will child support end? Does my custody/divorce papers supercede Iowa's law of 18?

    custody/divorce papers state the "child support will continue on my child until she graduates high school, turns age 19, becomes emancipated, or dies, WHICHEVER occurs first." My daughter is 17, will graduate in May (2016) this year, and then ...

    Barbara’s Answer

    Your last child support payment should be August of 2016 if your daughter graduates on time.

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  • Can I legally switch them schools.

    My ex and I split up in may, and i kept them in the school that they had been attending. Until i found a place to live. We do not have any legal custody established. My kids currently attend the school district in the town he lives in. He is never...

    Barbara’s Answer

    Before you make a change like that you should have a court of competent jurisdiction make some orders concerning parenting rights including where the children should be going to school and who will be caring for them when they are out of school. From your message it sounds like you and the father live in different towns which is significant in this kind of situation. I strongly recommend you meet with a experienced family law attorney in your location for complete instructions on how to proceed.
    Good luck

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  • Can he have me served here in NC from Oklahoma and, if so, would I have to go to Oklahoma for the court date?

    My 9 week old girl was born in NC. Her father lives in Oklahoma. He broke up with me when I was pregnant. He wasn't present for anything and not on birth certificate. Went to visit for a month after birth. Now, I'm back in NC. He's trying to ...

    Barbara’s Answer

    He can have you served in North Carolina. If he does, you will need to appear in the Oklahoma Court to protect your rights. You might want to file a custody action in your state and get him served before you are served. In any event, if you are served, be sure to make arrangements to appear before the Oklahoma court to protect yourself and your little girl.

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  • Does it sound like I will be able to terminate child support?

    My child is 19 with no disabilities. After just a week in vo-tec it was decided that school was getting into the way of hanging out late night, partying and a social life so he dropped out. He has since got a job and is currently working. He lives...

    Barbara’s Answer

    In California child support would be terminated if the child is 19 and no longer in school. Check with a New Jersey family law attorney concerning the age of majority there but I'm pretty sure it is the same as California. There comes a point when a child needs to learn to stand on his/her own two feet.
    Good luck

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  • What can we do if the other parent drops off the child late from their visitation? VERY LATE more than the 15-30 mins grace!

    The other parent took my son on vacation and is now stating she will be 15 hours late in dropping off, what can we do? Isn't she in contempt? This isn't the first time she's done this but NEVER this late. Can we get this time back somehow? She is ...

    Barbara’s Answer

    File a with the court to have the parenting order changed so that if the receiving parent is more than a certain amount of time late, that parent forfeits his/her parenting time for that visit and the next visit.
    You need to be pro-active on this kind of problem or it will never end.

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  • How can paternity be established if the mother is married and her husband's whereabouts are unknown?

    If a mother is legally married; however, her husband's whereabouts have been unknown for several years, and she has a child with another man, how is paternity established in Arizona? The husband is presumed to be the biological father; however, si...

    Barbara’s Answer

    One option is to have the child declared free of the custody and control of the biological father due to no visitation or support for more than 2 years (Calif. law-check on Arizona law). Notice to the biological father is required but if you prove to the court that he can't be found you can be given permission to give notice to him by publication in a newspaper of general circulation in the city/town of his last known residence.
    You will need the help of a lawyer for this. Good luck

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  • Custody changes?

    my Ex refused to give our children their medicines. He also won't plug in our daughter's CPAP. DCFS got involved. The case was closed as supported for physical neglect. I would like to modify his parent time to exclude overnights, as this would so...

    Barbara’s Answer

    I suggest that you do file another motion and submit to additional mediation because your daughter's health is very important and if the father is failing to tend to that at night the girl is at risk.
    Good luck

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  • If I filed an answer with the court for a custody case is it too late to get a lawyer?

    Last week I was served papers for joint custody by my son's father. I agree with the parenting schedule he has suggested, however there are a few stipulations that concern me. We were both living in Portage, MI. My living situation changed and I h...

    Barbara’s Answer

    It is never too late to hire an attorney but the attorney will need some time to prepare for your hearing. I urge you to immediately start trying to find an attorney to attend the Dec. 21st hearing with you. I don't know how many clients have come to me after he/she went to court without an attorney and asked me to try to fix what had gone wrong when they went court without an attorney.

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