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Christine Michele Cruse

Christine Cruse’s Answers

7 total

  • Can a affidavit over rule a court order?

    Christine’s Answer

    Your previous Court Order (assuming your ex has not filed a modification that has already been addressed by the court) still stands. Even if it is your children's desire to live with their Father, the court must still determine that it is in your children's best interests to live with him. While their ages give them a lot of say in where they want to live this may not necessarily be best for them. For instance, if Dad works the night shift and they want to live with him because your sexually active daughter has a boyfriend and feels you don't give her enough freedom, the court may find that it is not in their best interests to be unsupervised at Dad's house each night.

    Bottom line, the affidavits alone without being filed along with a court action are meaningless. If your ex wants to pursue this in court he has that right but don't let him bully you into changing custody without a Court's Order.

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  • Can you have a visitation hearing transferred from Tennessee to Georgia?

    Christine’s Answer

    The case cannot be transferred from one state to another but in your daughter's case it sounds like Tennessee has jurisdiction since she only recently relocated to GA and has not had sufficient time to establish residency in GA.

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  • What is considered the second weekend of the month if the first lands on a saturday?

    Christine’s Answer

    Please check your actual Order for when a particular weekend actually begins. Generally the weekend is designated by the first Friday of the month. Therefore, since this month (February) actually started on a Saturday, that was not considered the first weekend of the month. This coming weekend is the second weekend (going by the second Friday of the month).

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  • Do I owe child support if ex-husband gets welfare?

    Christine’s Answer

    In many instances if a person is receiving financial assistance from the State and listed their children as dependents, the State will go after other legal obliges to retrieve the money and/or assistance given. In any event, you should seek legal advice in your local area to assist you with this legal issue.

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  • If a non-custodial parent owes back child support and goes to jail, how much are they required to pay to get out of jail?

    Christine’s Answer

    Every State and every Judge is different so it really will depend on those factors. However, it sounds like your ex has made no effort to even attempt to take care of his financial responsibility and it is doubtful that any judge in any state will have much tolerance for that!!

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  • Where to start with a divorce. with children..

    Christine’s Answer

    The first thing you should do is consult with an attorney and find out your rights. With your husband's drug addiction you definitely want parameters in place to protect your children from having to visit with him. It is imperative that you make your attorney aware of your husband's issues and not try to just rush through an uncontested divorce unless your husband is agreeable to giving you sole physical and legal custody. The other issue is child support. It is certainly not your daughters' fault that their father is addicted to drugs and I am sure they do not stop having needs because their father has his own issues. Regardless as to his arrests and other problems your girls are his dependents and he should be held accountable for supporting them.

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  • How do i get custody of my 13 year old daughter? her aunt has temporary custody and agrees that i should have her.

    Christine’s Answer

    While it is unknown where your daughter's mother is in this equation, assuming you were not married to her you will need to file a Petition to Legitimate your child and for Custodial Rights. Since the maternal Aunt already has temporary custody I am assuming that the mother is not involved or is deceased. If this is the case the Aunt's consent and affidavit filed along with your Petition would be extremely useful. Although your daughter has not reached the age of 14, an Election of a Minor form can be signed by your daughter stating her desire to live with you (assuming that is her desire). It will not carry the same weight as it would if she was actually 14 years of age but her desired will be taken into consideration by the court. Either way, hire an attorney to walk you through this process step by step.

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