Questions answered by D. Morgan Burkett

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My wife has not let me see my 7month old child for what should i do

D.'s answer | Answered on April 14, 2015

Have you been served with divorce papers? Go hire an attorney and have him/her raise the issue of visitation at the first court date. The court...

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Daughter has ex husbands last name which is not her dad. I want her to have mine. How can I change it?

D.'s answer | Answered on April 14, 2015

You must either get the father's consent or prepare for the fight of your life. Removing a non-custodial parent's last name from a child is an...

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How long does judge take to write divorce/custody decision

D.'s answer | Answered on April 14, 2015

It totally depends on the situation. I just had a case where we were shocked that the judge expected to have a written opinion within three months...

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Relocation out of state without court or other parent's permission?

D.'s answer | Answered on April 14, 2015

The court will not try to make you return to NY. It will change custody to the NY parent who will then take that order to your local state and...

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When my mother gets out of rehab and has a stable job and apartment can she go to court to recieve custody of me again.

D.'s answer | Answered on April 13, 2015

Your mother's hurdle is to show a "substantial change in circumstances." Getting clean after six years would certainly get her in the courthouse...

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Divorce jurisdiction

D.'s answer | Answered on April 13, 2015

That would be a question for an Arizona lawyer. You can find several on this site. If you live here now, what makes you think that you will get a...

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One of my 2 sons is moving from my ex's state to my state and will be attending college here. How do I get support halved?

D.'s answer | Answered on April 13, 2015

You need to hire an attorney to review your situation. Three states have an interest in your situation, two of which are inconvenient to you. ...

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Can he cash out his 401k if he leaves his job in the middle of a divorce without my permission?

D.'s answer | Answered on April 09, 2015

If he did liquidate his 401(k) without court permission he will be feeling some serious hurt. Doing so has major tax implications for both of you....

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My wife does not hav custody or c my 5 kids. 4 the 2 kids that r 15/16 if i pass away can my domestic ptnr raise them?

D.'s answer | Answered on April 08, 2015

Unless your partner adopts your children, your wife would have a superior claim to custody of the children. If he could show something...

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College Eduction Responsibility

D.'s answer | Answered on April 08, 2015

He is probably not on the hook, but everything depends on what the judgment says. It could be worded in such a way as to make it so. You will...

D. Morgan Burkett's Answers (302)

My wife has not let me see my 7month old child for what should i do

Daughter has ex husbands last name which is not her dad. I want her to have mine. How can I change it?

How long does judge take to write divorce/custody decision

Relocation out of state without court or other parent's permission?

When my mother gets out of rehab and has a stable job and apartment can she go to court to recieve custody of me again.

Divorce jurisdiction

One of my 2 sons is moving from my ex's state to my state and will be attending college here. How do I get support halved?

Can he cash out his 401k if he leaves his job in the middle of a divorce without my permission?

My wife does not hav custody or c my 5 kids. 4 the 2 kids that r 15/16 if i pass away can my domestic ptnr raise them?

College Eduction Responsibility