It may be too late but I did agree months back to shared custody until our conciliation conference which was 2 weeks away. I ONLY agreed to give the GAL that time to investigate and was told the judge would order it anyway if we went in front of h...
You are asking a question that involves a lot of procedural facts and dates that you have not given. However, I can offer this answer based upon what you have stated: no, you cannot bring up this fact to challenge the temporary custody arrangement. The most obvious point is that it is irrelevant what you agree with in the judge's decision. Both parents have a right to custody. You are in the middle of custody proceedings to determine the very issue that you are raising here - who should the child be with on a daily basis. You have to prove to the court that primary custody with you is in the child's best interests. Until you prove that, the court is going to give you both equal time, or as close to it as possible. You will have a chance to bring up everything relevant to the case at the next hearing.See question
My child was taken out of state over 2 years ago and her mother stayed in the state I live in. I never knew what the mother's plan was and she always "promised" my child would come back to reside in our state time and time again. The few times my ...
With or without your permission, as father, you have the right to some form of custody. If you were not listed as father on the birth certificate, you might have to prove your paternity through testing, All of this begins with the filing of a custody petition in the county of residence of the child. If you do not know where the child is being kept, you may be able to file for custody where the mother lives. She would then have to answer the complaint by stating that the child lives in another state, and you should be able to get the address from her through the court. Then you might have to go to the other state. A lot depends upon who has legal custody of the child.See question
My sons father and I will be dealing with a custody fight in the near future. He might have a daughter with another woman. DNA tests need done. Can the same lawyer represent me if he represents her too against the same father.
You are not clear about the details of the custody cases. However, the same lawyer can represent two different mothers against the same father because the lawyer would not be privy to any personal information. The rules of professional responsibility forbid taking a new client who is adverse to a former client. You are not describing such a situation.See question
My ex is an attorney. I was not allowed representation for the divorce. He recently has completely prevented me any and all access to my daughter because I got an attorney to represent me for visitation rights. I cannot call her I cannot see her h...
Nothing that you wrote suggests unethical behavior. If you have an attorney, your attorney can put an end to his control of your contact with your daughter. Without a custody order, either parent can pretty much do whatever he or she wants. Once a custody petition is filed, the court protects both parents' rights.See question
Soon to be divorced mother of 3 kids under 10 yes old. I couldn't afford a lawyer, because I have been a stay at home mom for 10 years and do not have a job yet do to trying to find childcare and a job that is flexable. So my soon to be ex obtaine...
If you have not had an attorney look over the papers, I would not sign them. You have to get legal help. An attorney can obtain alimony pendente lite for you so that you can afford legal help. Custody can always be changed, so signing would not keep you from later going to court to get the order re-written to reflect reality. As far as the child support is concerned, he will pay less to you but will still have to pay you something if there is a significant different between your incomes. I would suggest that you take care of the custody and support first, through an attorney that you pay for with the alimony pendente lite, and then worry about the agreement.See question
During this conference phone meeting with the mother and father of two children, the girl 8 years of age and the boy is 4 and the presiding judge. The Judge made a temporary judgement that the father will have visitation rights at least 4 hours a...
If a PFA was filed properly through the court system, then no, the mother is not violating the custody order because she has put it before the court. However, she has to prove her case. You should have a date come up very quickly to settle the issue. If she falsely accused you and cannot prove her case, you will be able to show that to the judge who is hearing your custody case.See question
Had an affair 4 years ago. We stayed together. How ever now looking at posdiable separation. Just want to know if get divorce if something that could be used now.
Statute of limitations is not the right concept. If two people reconcile after an extra-marital affair has occurred, then the court will not hold that affair as grounds for a divorce or as a grounds for alimony. Most people file for no-fault divorces because they are much less expensive and much easier to prove.See question
Me and my children's father have lived in the same home for 3 years and now he wants me out . He filed for an eviction . What should I do ?
You have left out some important information. Does he want you and the children out, or does he want to keep the children with him in the house? You have two different situations there. If he wants the kids out, you could move out and immediately file for child support. If he will fight you for the children, you need to file for custody and child support right away.See question
Said person has had 3+ years to prepare and take care of the stipulations stated and agreed upon in the equitable distribution of the divorce decree. What can be the punishment for not complying with such order?
Many sanctions are available when a person fails to comply with an order. The issue as to which one is appropriate will depend upon the situation. If the other person has a valid reason for the delay, the judge may simply order it to be done ASAP. If not, anything from making property yours to jail time could be used to rectify the situation. Your attorney's fees may be ordered paid by the person ignoring the order.See question
5 yrs ago husband left life policy to wife, who converted proceeds to an annuity. She is contemplating Bnkrptcy. Can creditors claim the annuity?/
This needs to be posted in the bankruptcy section. I have done so for you.See question