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Carolyn Annette Elsey

Carolyn Elsey’s Answers

717 total


  • Legal separation to divorce. We have been legally separated for over 2 yrs he has not kept to the separtion aggreement,

    During separation he was supposed to pay for tuition and share transportation during the singon of the legal sep he begged that I not ask for 1/2 of the retirement after a fifteen year marriage I did not at that time however since then he has not ...

    Carolyn’s Answer

    You can easily convert the legal separation into a divorce. But to enforce the court's orders, you should look at filing a motion for contempt. If he was court-ordered to pay tuition, the court will make him pay it. Contact the courthouse facilitator at the County-City Building (there's a $10 fee) to get started. Act soon because the longer you let him get away with it, the less seriously the court will take your concerns.

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  • Where do I go to file for full custody of my son.

    He is 7 weeks old and I am not married but I know who the father is.

    Carolyn’s Answer

    You can file a paternity action with the Pierce County Superior Court. In doing so, you will be asking the court to designate the guy as the father, give you custody, and set child support. There's a packet you can get from the Law Library at the County-City Building and the Courthouse Facilitator can help get everything in order and get you on a docket. If you received any public assistance during the pregnancy or do so now, serve a copy on the prosecuting attorney's family support office. If you can't afford the filing fees, you can ask the court to waive those fees.

    Below are links to the relevant court forms and the Pierce County Domestic Relations Facilitator.

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  • Minor name change

    I have full custody of my daughter, there is no visitation order. i don't know where her bio is. i got married about a year ago. and i would like my daughter to have my last name. what are my options.

    Carolyn’s Answer

    In WA to do a name change, you go through district court. It's an easy process, there's a reasonable filing fee. You do have to make an effort to give the other parent notice. Ask at the clerk's office if they allow service by mail to the last known address or if you have to do service by publishing a legal notice in a newspaper. Minor name changes are fairly common. Below is the link with the Benton County District Court info.

    Good luck to you!

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  • If a criminal lawyer is convicted of a felony and imprisoned how is he allowed to regain his license and practice law in Ma

    A criminal lawyer was imprisoned in federal prison and is now practicing law in Mass. How can a convicted felon regain his rights to practice law?

    Carolyn’s Answer

    I have linked to the MA Board of Bar Overseers. They also have some good links on their page. A lot depends on what the attorney was convicted of, how long ago it was and what the lawyer did to address the illegal behavior.

    States don't just allow lawyers to practice willy-nilly. Disbarred lawyers can attempt to be reinstated. Suspended lawyers may return to practice after completing services. A lot depends on the specific circumstances.

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  • My question is about joint custody.

    I share joint legal and physical custody of my two teenage sons with my ex-husband. In the last year he has refused to have any communication with me in regards to them, preferring to use them to send messages. Even though I have tried different w...

    Carolyn’s Answer

    The most effective thing you can do is to let him know (through a letter sent directly to him with a copy filed in your court file) that you will seek a modification of the custody decree if he fails to notify you directly of relevant medical, school information. In your letter you can go into details about the medical emergency and how inappropriate you think it is to be using children to communicate with you. You may well be able to get some kind of modification too, withholding information about medical can have devastating consequences.

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  • How do I "divorce" my mentally abusive adoptive parents?

    I am a 16-year-old girl, who was adopted as a baby. It was a closed adoption (through CPS), but I've had contact with my biological mother my entire life. I recently decided that I would rather live with my biological mother than my mentally abusi...

    Carolyn’s Answer

    Well, there's no way for you to terminate the adoption. Your best bet is to contact your local juvenile court and ask them about a type of case called "CHINS: Child In Need of Services." They may have a different name for it there. Basically you're telling the court that there's something wrong where you are living and you need help. The court can place you with your mom, but that's not guaranteed.

    In case you're wondering, in order to be emancipated you have to be living on your own and be completely self-supporting.

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  • What can I do if mother will not abide by court order for visitation. she has primary custody w/stipulations

    I had temp emergency custody of grandson for 18 months while my son and his mother went through rehab. She completed all requirements and obtained primary custody. It has been ordered by the court that my son have supervised visitation every other...

    Carolyn’s Answer

    The mother cannot deny visitations for any reason. Requiring that someone pay to see their is disgusting. Do you think for a minute that she would let you not pay child support by electing not to see your child? Of course not.

    You need to file a motion for contempt. The mom needs to know that she has to follow the parenting plan without hesitation. If she's mad that you aren't paying support, then she can file a motion for contempt for nonpayment of child support. They are completely separate issues.

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  • The mother of my child is not following the stipulated order for child visitation, what I can I do legally?

    The mother of my only child and I seperated and after about a year of legal battles we agreed on things and had a stipulated order drawn up for visitation and child support. She has physical custody of him. It has been about six months since thi...

    Carolyn’s Answer

    You can file a motion for contempt. Contempt is the willful failure to comply with a court order. You can ask at your courthouse how to get it done and get on the docket.

    It's important that you act quickly. The mom needs to know that you will stand up for yourself and not tolerate her monkeying around with your visitation. She doesn't get to decide when you get your child.

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  • Can noncustodial parent file contempt of court on custodial parent for not picking up child on time?

    custodial parent always leaves child with noncustodial parent for days up to 2 weeks after sunday at 6.

    Carolyn’s Answer

    Yes. Contempt is the willful violation of a court order. Custody decrees say when a child is to be dropped off for a visit and when the child is to be picked up again. Considering the likelihood that the noncustodial parent is paying child support, it is not fair for the custodial parent to make the noncustodial parent have to keep spending even more money having the child with him/her. While the noncustodial parent may seek contempt, there's no guarantee that the court will agree.

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  • Is it legal for them to take 50% from your check for college fees?

    I am going to be made to pay 50% of my check to pay for college of my son, which I never get to see and he lives in Illinois. Is this legal. Or is it a smaller amount they can take.

    Carolyn’s Answer

    Evidently there was some kind of post-secondary support order entered. In general up to half your take-home pay can be taken for child support. You should talk to your child support case worker in Illinois and get a copy of the order for post-secondary support.

    Now that you child is an adult, neither you nor he is bound by the parenting plan. You have every right to reach out to him and work on having a good relationship. The mom has no say in it at all.

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