Skip to main content
Jimmy Earl White
Avvo
Pro

Jimmy White’s Answers

33 total

  • My wife and I are getting divorced my name is on the deed but not on the mortgage or Loan. do I have any rights to the property?

    when my wife and I got married and I was just able we have ran into complications and now she is filing for divorce. I am completely confused on what rights I have with my child property and loss of property. I am desperately looking for someone t...

    Jimmy’s Answer

    I agree with Suzanne. There are additional bases for the property to be classified as "marital," beyond when it was purchased. Your name is on the title and deed, which signifies an intent to treat the property as "marital." Other considerations are whether you live in the home, contribute to its upkeep, etc. It seems you are a joint owner of the property regardless of who was making payments and she can't quitclaim it without your consent. I also agree with Suzanne regarding custody issues. Those determinations are made based on the best interest of the child. There are several factors the court will look at to make that decision and a lot of additional information is necessary to get a feel for what is likely to happen.

    See question 
  • What age dose a child have the right to decide which parent they want to be with

    Wanting to know Alaska state law

    Jimmy’s Answer

    In Alaska there is not a specific age that the child's preference will be taken as the sole basis for the court's decision on custody. Alaska Statute 25.24.150 list the child's preference as one of the factors it examines, but there are qualifiers: "if the child is of sufficient age and capacity to form a preference." The court looks to the maturity of the child, the basis for the preference, as well as the other statutory factors (i.e. ability to meet the child's needs, continuity, and similar factors). By 13 or 14 the preference gains significant weight. The courts have found 12 years of age not to be old enough where maturity was lacking. I've also seen the preference of a 9-year old carry tremendous weight, though that was more the exception than the rule.

    See question 
  • Child custody

    what would the odds be of my wife winning custody over my son with a criminal conviction?

    Jimmy’s Answer

    There is so much more to fill in on this. When the court in Alaska determines child custody, it is based on the best interest of the child, so the nature of the crime and your own history with the child will be important. Further, physical custody may be shared (between 50/50 and 70/30 split) or primary (one parent with 70.1 percent of the overnights). A lot goes into consideration by the court in terms of what serves the child's needs the best. You really should spend an hour with a family law attorney sharing some of the parents' history and discussing options.

    See question 
  • Right now I am married and my wife is in the process of selling my property but her name is not on the deed can she do that ?

    my wife's name is not on the property deed and she is in the process of selling it with out my consent and has even already excepted money for it as a down payment. I don't want to sell the property can she legally sell it with out my consent sinc...

    Jimmy’s Answer

    You state "we are still married." Is there a divorce pending? Generally speaking a party cannot sell property they do not own absent a power of attorney. If there is a divorce pending, they are further forbidden in Alaska from transferring any assets without the written consent of the other party or court order. Depending on your circumstances (pending divorce or not), I suggest you speak directly with a real estate or family law attorney to protect yourself.

    See question 
  • Visitation was suspended last October except for Christmas. Now my ex wants the kids for summer break. Do I need to comply?

    She's out on bail on home monitoring. Facing two felonies one for DWI and one for refusal, her 3rd for both. We had shared custody before, school me, summer her.

    Jimmy’s Answer

    In Alaska, as in other jurisdictions, your order controls your obligations where your ex's visitation rights are concerned. In order to change the order, your ex will have to file a motion with the court and demonstrate (1) a substantial change of material circumstances, and (2) if the substantial change exists, that a change to custody is in your children's best interest. Until that happens, keeping the kids' best interest in mind, sticking to the existing court order is important. For guidance specific to your facts and your order, it's probably a good idea to spend an hour with a family law attorney to ensure there are no unique facts (things you couldn't put in your post) that might effect your case and make the answer to your question a little different.

    See question 
  • We have no will. What is best way to protect our 21 yr old daughter if something happens to both parents while out of country?

    My husband & I will be leaving USA for 2 wks in 1 wk. With no will, will she automatically inherit? My husband says we have no time to write a will. If something happens to both of us, will our daughter be our beneficiary? Will the state -AK- h...

    Jimmy’s Answer

    First, keep in mind that only assets that would have passed through your will would pass through state intestacy laws - insurance policies, trust asses, retirement and investment accounts where you have separately identified a beneficiary - are assets that would not be transferred by will or by such intestacy laws. Other assets - personal property, undesignated assets, and similar items pass through intestacy laws. If you and your husband "both" pass away and your daughter is your only child, she will inherit your estate under our intestacy laws. I agree with the prior contributor - when you get back, please see an estate attorney and get your wills in place. Peace of mind.

    See question 
  • The father of my son is not on the birth certificate if possible can I still get child support?

    I don't want him to have any rights but I still want child support is there a way?

    Jimmy’s Answer

    Alaska is similar to most states - if he's the father, he's the father and that comes with parental rights that exist until they are given up or taken away. I agree with the former contributor that often parentage is proven by DNA test if the parties disagree about the identity of the father. The parents may agree, however, as to the father's identity. As to child support and formalizing parental rights, though, it may all start with an initial filing with the child support agency, and ultimately with a legal action designed to establish custody. Again, I agree with the prior contributor. Sit down with a family law attorney for an hour to have your specific questions answered - there are almost always facts that can be important in determining the rights of the individual parties and the likely outcome of any legal action that are not really easy to answer with much certainty in this format.

    See question 
  • How will I I know my son is taken care of if something happens to me

    My son is three and I don't know who the father is. My boyfriend of five years takes care of him along with myself. Can he get some sort of right in case something happens to me

    Jimmy’s Answer

    Steven, the previous poster, is absolutely correct. If "dad" does show up, he will have rights as the biological father. Otherwise, the instructions you provide through your estate planning documents - including your will, are going to carry a great deal of weight. This is a fundamental reason for seeing an attorney to have a will drafted, or if you have will already, to have it updated.

    See question 
  • Is a final response still needed if judge rules before a motion's 3 step process is complete?

    My son travels to Seattle to visit his father. Previously we had been splitting the cost of tickets, however my job situation changed, and I filed a motion to have the father pay for travel costs. The judge ruled in my favor the same day my so...

    Jimmy’s Answer

    I have seen courts go back and reverse their decision even after their initial ruling following receipt of an opposition. Sometimes they advise that they will await a Reply before reconsideration - sometimes not. I believe it's best to provide a Reply so the court, in the event they do consider the opposition, is fully informed.

    See question 
  • Do i need an attorney? How strong is my case?

    I am very poor and thats why I'm here. Recently I asked if a step-dad's DUI w/ my son in the car was grounds for a custody hearing. In addition to that my ex has continued her usual denial of court ordered visitation and phone calls. She has als...

    Jimmy’s Answer

    It's always hard to tell from a few lines just how strong someone's case is, but it certainly sounds like you have a reason to be talking to the judge about your concerns. As you know, it takes a substantial change of circumstances and a finding by the court that it is in the child's best interest in order to get custody modified, but you have described evidence here that, if accurate, could very well lead to a modification. Of course without knowing what the original basis for the court's award of primary physical custody was, there is just no way to be sure. It would be worth a 1-hour meeting with an attorney, with your original order and the Findings and Conclusions, to see if there really is enough to approach the court.

    See question