Me and my ex separated right after our son was born. We were never married but He took me to court because he wanted the child custody but the Judge decided that I have the child's physical custody and me and him join the child custody. He is a go...
Unfortunately, changing custody won't make the father a better person or more attentive to your son. It also won't likely change the parenting time arrangement--meaning even if you have "sole custody" the father will still have visitation every other weekend. You should speak with an attorney directly to see what, if anything, you can do to improve your son's experience with his father. Good luck!See question
My ex is trying to portray me as an "alienator" (his words) and continually threatens to "report" me. We have a visitation schedule where he is to see our child 2 days a week and alternate weekends. I always have her ready on time. At least once a...
There are a few ways to deal with this, each having pros and cons. First, and I'm sure this seems like overstating the obvious, but tell him to stop playing games, and let him know you are documenting his false communication. Second, tell him you won't allow your daughter to be put in the middle. Third, get an order from the court requiring the exchanges of the child to occur at a time and place that requires other people to be present, such as at school or in extreme circumstances at a police precinct. For more details and to discuss this in a confidential setting, reach out to an attorney directly. Good luck!See question
A court order is in place and the judge wrote "Child is now entering adolescence at 12 , child will initiate contacts that are beyond the Courts power to stop." Just want to confirm the meaning of this.
It sounds like the court is acknowledging that the child is old enough to "initiate contact" independent of the parent(s) and that the court is powerless to prevent that from happening. In other words, the court can "order" the parents to do or not do certain things in connection with whatever dispute they are trying to resolve with the help of the court, but that the court will not try to restrain or compel the child's behavior.See question
My son and I live in NY since 2014. I left his father because of domestic violence situation. We were living in PA and I moved back to NY with my son. We never established custody. His father visits or picks him up for the weekend. Now he is tryin...
It sounds like NY is the "home state" for your child, meaning if the father objects to you moving to FL, he may file a petition in NY Family Court to prevent you from moving or requiring you to return to NY if you have already relocated with the child. I suggest you try to reach an agreement with the father before you go. Good luck!See question
Me and my ex-husband have an agreement in court that I have sole custody and he have visitation and paying child support I got my green card 2 years ago when we just got divorced but last year I didn't do taxes because I didnt work and my ex-hu...
Your question is not entirely clear, but if you are asking if your husband will be denied a tax deduction and have to repay a tax refund, I suggest you discuss that with an accountant. Generally, according to the IRS rules, the custodial parent will be presumptively entitled to claim the child as a dependent, and for all purposes.
The non-custodial parent may be able to claim the child for a dependency exemption and the child tax credit (but not for the earned income credit) if all four of the following statements are true:
1. The parents: a. are divorced or legally separated under a decree of divorce or separate maintenance, b. are separated under a written separation agreement, or c. lived apart at all times during the last 6 months of the year, whether or not they are or were married.
2. The child received over half of his or her support for the year from the parents.
3. The child is in the custody of one or both parents for more than half of the year.
4. The noncustodial parent attaches a Form 8332 signed by the custodial parent.
Here is a link to Form 8332 http://www.irs.gov/pub/irs-pdf/f8332.pdfSee question
The ACS completed a case as "unfounded" but recommended going to a six month parenting course, must I attended by law? (That's what ASC said).
An ACS recommendation is not a court order meaning you do not have to follow it; however, to avoid future trouble with ACS, it is a good idea to do as they suggest, especially if there is any chance custody or visitation might be in dispute now, or in the future.See question
I am not sure who the "monied" spouse is here. I have more assets than she does, but I suffered a significant financial reversal in which I became extremely illiquid and essentially my only equity was my home equity. I had to borrow to pay bills...
In Family Court, I have often seen the court fail to award counsel fees in cases where there was a clear disparity in income--indeed, awards of counsel fees are not at all common. That doesn't mean it won't happen to you. $200k in "legal fees" in a FC proceeding is obscene. Perhaps the reason she spent so much was to respond to your pro se filings or maybe it was because she's busy with litigation-happy behavior. The answer to this question might affect whether the court is inclined to award counsel fees going forward. I suggest you speak directly with an attorney who can review what's happened so far and asses your exposure having a full compliment of relevant information. Good luck!See question
the house is owned by me nad my spouse. My spouse has been the one paying for the mortgage, and all other house related expenses. I have no income. if I do not want the kids to change residence after divorce, what can I do with the house? what ar...
Luckily, there are many ways to meet your objective of keeping the children in the residence. Which approach is right for you depends upon consideration of all the facts and circumstances in your divorce. I suggest you speak directly with an attorney asap to review your options and then plan the strategy that will be best for you. Good luck!See question
I'm a single mother with custody of my daughter (12 yr old) her father has been out of her life for about 8 of those 12 years. The time he was away, he did not reach out to me or her in those years. A few months ago he popped up out of the blue an...
Your immigration status alone will not determine custody, so not to worry about that now. More concerning is why has this "turned into something contentious...and ugly"? That's what you should be discussing with an attorney asap. Your daughter will be appointed an attorney. Because your daughter is old enough to make her wishes known, her attorney will tell the court whatever she says she wants. That does not me the court will consider her wishes only, but they will be considered. The sooner you are able to speak directly to an attorney for specific advice, the sooner you'll be on your way to making the best of a difficult situation. With regard to the allegations of abuse and neglect, people make ridiculous claims all the time and ACS must investigate all of them--it helps a lot to have an attorney on your side during this process. Good luck!See question