Aaron Lee Shields's Answers

Divorce v. separation

If you file a Petitioner for a Decree of Legal Separation and the court enters the Decree it will define who is obligated to pay certain debts incurred during the marriage. That being said, a creditor who has both the husband and wife as the debtor will regularly seek to collect against both of you if one party does not pay their court ordered community obligation. Your remedy if the other party fails to pay the debt is to ask the court to enter a judgment against the other spouse when they...

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Contempt of parenting plan and Bad Faith? My husbands current parenting plan only allows visitation on weekends

If the parenting plan has not been modified, the mother is not in violation of any court order and would not be in contempt. However, it does appear that you may have a case for a modification action. It is not clear from your inquiry whether you have actually filed a modification action or simply made a request to the other party. The standards for a modification are very difficult to overcome and you would need to discuss all of the facts, history, and details of the current situation with...

I filed contempt & modification of the parenting plan

What this likely means is that the attorney will request a continuance of the hearing in order to file a formal response to both of your motions. It is not uncommon for the court to grant a continuance of the hearing in order for the court to be fully informed of the issues and to have a hearing on the merits of the case. It is unusual that you have not received a copy of the attorney's notice of appearance and you could contact the attorney to inquire as to whether they will be motioning the...

Dissolution of marriage and motion to default

You can file a motion for default if there has not been a formal response, however, you must send notice of your motion to the other side and so long as the other side actually files a response the court will not enter a default. It always the court's goal to decide cases on their merits and defaults are not a favored way of resolving cases. If there a trial date has been set it is likely the attorney also filed a Response to the Petition with the court. I would suggest you go to the clerk's...

Can a father sign off his rights to his child?

Like all legal questions, each state or jurisdiction has its own specific laws and policies regarding these issues. However, generally speaking, a father cannot simply sign off on his rights and responsibilities without there being a formal adoption of the child by another person. While a father can choose not to visit or participate in the daily activities of a child, his obligations (both financial and moral) are a separate issue. I often get the same question from men seeking to avoid...