My husband filed a petition for Divorce in the State of Delaware on November 14th. He asked for a divorce while away on a business trip on Nov 2nd. This was out of the blue and unexpected as we had just had fertility testing done, at his suggestio...
Even if the Answer to the Petition for Divorce has already been filed, a party seeking alimony can file a Motion to Retain Jurisdiction for Ancillary Matters, and add the claim of alimony, or property division, and also paying the required fees. However, once the divorce decree is granted, it is too late to ask the Court for an award of alimony or property division, although a party can file a motion and show excusable neglect to reopen the divorce decree and permit the retention of ancillary jurisdiction. Custody and child support petitions are separate from divorce proceedings, and can be filed at any time. Best course of action, with all of these situations up in the air, is to consult with a competent divorce lawyer in the near future.See question
I have sole custody and placement of my child (18 months) father was ordered by a judge no visitation and no contact I am considering a move out of state and would like to know if i need permission from the courts to do so
A final order awarding sole custody to a parent gives him or her the decision making authority as to where the child should live. An interim order awarding sole custody with no visitation and no contact, such as what might be awarded in an Order of Protection from Abuse, does not give a parent the authority to take a child to another State without the permission of the Court or the other parent. Even if there is a final custody order awarding sole custody and no contact with the other parent, one should know that custody and visitation orders are always modifiable, and if a parent is able to move out of the State with a child, he or she will likely have to send the child back to the State of the other parent for visitation. Many people think you can move away from your troubles. That is not so easy. Moving for a job, or family support, or a spouse's relocation are legitimate reasons to seek relocation of the child. Moving out of the State for a fresh start, or to get away, is seldom sanctioned by the Court, unless there is a legitimate concern about continuing domestic violence, and the Court finds that distance is needed between parents to protect one parent or the child.See question
I'm currently married and two children with my husband and two from my ex husband who recently passed away. I didn't know what would happen to my oldest two if something happened to me.
If one parent is the sole surviving parent he or she has custodial rights over the children except in limited circumstances. Third parties such a grandparents can obtain court ordered visitation rights and stepparents can become custodians provided there is a parental relationship. One way to avoid legal challenges from other family members is to allow the stepparent to adopt. But adoption is permanent and if parents later divorce, both are now parents in Family Court custody proceedings.See question
My ex girlfriend and I have a 7 yr old. She finally moved out on her own but is now keeping my daughter away from me, dictating that I can see her only once a week when she sees fit. I am retired military, have a flexible and have always, for 7 y...
The Family Court procedures provide no automatic custody order for parents who are physically separated. Once a custody petition or visitation petition is filed and served on the responding party, the Court sends out notice to the parties of a mediation hearing, at the Family Court where the petition is filed. If one parent is not permitting contact during the period between the petition being filed and the mediation hearing, the other parent can file a motion for temporary visitation. The Family Court will then schedule a brief hearing to hear a little bit of testimony as to why contact is not occurring, and can enter an Order for contact. These Orders are without prejudice, meaning that the Order can be changed at the mediation hearing. If a final custody order does not come out of the mediation hearing, with a contact schedule for both parents, then the Family Court will schedule a hearing before a Judge at a later date. But, scheduling of this hearing before a Judge does occur until after the parent education course has been taken, and the original certificate of completion is filed with the Family Court by at least one of the parties to the case.See question
Im goingbto court for psa of abuse and my wife wants custody butbshe spend anytime with the kids or changed diapers or cooked cleaned anything i did everything I'm a stay a home dad i have 6 yr old who receives ssi amd o pay the bills with that an...
Out of court statements are hearsay and not admissible in court unless the statements come under an exception to the hearsay rule or are admissible for some reason other than the truth of what's claimed to be true by the out of court statement. For example, a child's report card is admissible as a business record of Johnny's grades if everyone agrees it's an authentic copy of the child's report card but may not be admissible to prove the statement in a report card that "Johnny picks his nose," without the person testifying who made the statement. Letters from teachers, counsellors, friends, day care providers, etc., written to prove facts are generally not admissible. If persons other than the parties to the case know something that's important to tell the Judge, then those witnesses have to be subpoenaed to testify. PFA's are about protecting persons from abuse and custody issues are a side car to these proceedings. If custody is separate from the alleged abuse, that is, if the kids haven't been abused, then either party seeking custody relief should file a separate custody petition. If the kids are being abused, then it's likely that the PFA Order will protect the kids. But if the kids are not being abused, or there are no allegations that the kids are being abused, then the PFA process will deal with custody often by trying to maintain the status quo or ordering custody and visitation on a temporary basis that allows both parties to have contact with the kids, just not with each other.See question
My uncle is having trouble with his state of health. My cousin is 7 years old and hgas been with her grandparents. I don't know what kind of custody they have and I would like to see of she can stay with me instead of them?
Children who cannot be cared for by their parents are either dependent and/or neglected. A dependent child is one whose parents are incapable of caring for them. A neglected child is one whose parents are capable but do not care for them properly. In the case of a sick parent who has placed a child in the care of a grandparent, that child could be a dependent child. But if the sick parent has taken steps to place the child in the care of an adult who can care for the child, then that parent has seen to it that the child is not neglected. Any adult, with some exceptions, can file a petition for guardianship or a petition for dependency/neglect. The Family Court will hear the case and decide if custody should be taken from the parent who is sick and given to another relative or adult. If no adult relative is capable of caring for the child, the Court may notify the Division of Family Services, which agency of the State has the authority to seek custody of a child who is dependent, neglected and/or abused. Resorting to the Court may not be the best approach if the child is not in any danger. Offering to assist other caregivers may be a better approach.See question
My daughter's "mother" moved her out of MD to DE 4 years ago, without my permission or the courts. VERY long story, but I moved to VA to be closer to my daughter the FIRST time she was moved 3 hours away from me, where I still reside because I can...
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is found in Title 13, Chapter 19, of the Delaware Code. It governs the registration of another jurisdiction's custody order in Delaware. Once the order is registered in Delaware it can be modified as long as one parent and the child live in Delaware and the out of state parent submits to Delaware's jurisdiction. The Clerk of the Delaware Family Court will need a certified copy of the current, most recent custody order. The current order can also be registered and enforced in Delaware as it stands without modification. Assistance for getting started can be obtained at the Pro Se services centers at the Courthouse. A Clerk of the Family Court will point anyone in the right direction but cannot give legal advice. Sometimes a consultation with a lawyer, for a fee, is worth the time and money to start off on the right foot even if one cannot afford to hire a lawyer full time and wants to do most of the work him or herself. Family law is not rocket science but it does help to have common sense, patience, organization and tolerance.See question
Child support started me oweing 16 k .in the hole .I have been paying 300 dollars a week for eight years 117.00 dollars of that was applied towards reefs . I never had it modified after my children turned 18 . so I over paved 4 years on oldest chi...
As long as their is a child support obligation for one or more children, it is the payors responsibility to apply for modification to reduce the support as children age out. Even if a payor is "overpaying" under these circumstances, the money already paid is understood to be for the benefit of the children and not refundable. Sometimes the payor is not really overpaying, even though there are grown children, because with changes to a parent's income and the child support guidelines, he or she might owe more money for two children than he or she owes for three. It may seem unfair if the real reason people don't go back to Court to modify their child support is that they don't like walking in to the Courthouse. But the system can't make exceptions.
It may help to understand why child support exists. It's not a penalty. It's a way for society to insure that "families" exist even when parents never marry or divorce. Someone who lives in a family that's together is always making sacrifices and giving away money to help their spouse or children. But people have a hard time keeping up with that behavior when they split up. Child support creates a financial and social bond among family members who don't live under the same roof. Families are the bedrock of community. Children who are supported by their parents, even when they don't live together 24/7, usually pay dividends later in life: either by supporting the now dependent parent or by at least giving them love and emotional support later in life. Parents who paid their child support faithfully should be proud of the sacrifices that they made for their children and their fractured families. Parents who receive child support also make sacrifices and should also be proud of their children and grateful to the parent who pays the support.See question
I signed a contract with my abuser that I would withdraw my PFA petition with prejudice under the condition that we work with a Parenting Coordinator to resolve disputes and reduce conflict. He then had his attorney modify the standard PC contract...
Control and intimidation are facets of many relationships and it sounds like this is such a relationship. Assuming there are children there is always the possibility and even likelihood that such tactics will be used again. Not all abuse rises to the level of obtaining a Protection from Abuse Order, and these orders assert a different kind of control, specifically, no contact between the abuser and the victim. But, because they expire in a year or two, persons in relationship often end up back where they started, again with children in the middle. Therefore, choosing to use a parenting coordinator, even under less than ideal conditions, is better than litigation for resolving the day-to-day problems of life. An Order of Protection from Abuse is good to prevent a persons from doing physical harm and should be used always for that situation (even if there are criminal charges pending), but the threat of incarceration for being an a**hole often just leads to sneaky behavior by the abuser. It is difficult to re-file a PFA that has been dismissed with prejudice, and it is difficult to enforce an agreement to go to counseling or use a parenting coordinator. If a person doesn't want to cooperate, enforcement is often ineffective. What does cause people to rely again and again on a therapist or parenting coordinator is if they think they are getting something out of the process. In order for that to take place, both sides have to exercise give and take and try to see things from the other persons point of view. That's called creating empathy, which is the emotion that takes persons out of control and manipulation relationships in to relationships that are for the mutual benefit of the persons in the relationship, and the dependents of that relationship. Humans like to have control when they are taking care of their own needs, but when others take care of their needs, they will sometimes let go and let others control. Remember the story of the table in Heaven and the table in Hell. In both scenes, the diners had spoons shackled to their hands that were 3 feet long. In Hell, the diners were struggling to get the food in to their own mouths with these oversized spoons. In Heaven, the diners were feeding each other.See question
I am still legally married, from Delaware, but wife lives in Pennsylvania and I live in Delaware with my girlfriend. Want to draw up will and leave everything to my girlfriend and nothing to legal wife.
In Delaware, the spouse is entitled to a third of the other spouse's estate upon death, known as the elective share. A person seeking to resolve matters of estate when married needs to consult with a divorce lawyer and a trust and estates lawyer in the State where jurisdiction exists to prosecute the divorce, as well as the State where the person making the will resides.See question