Mother filed show cause on dad for failure to notify properly of address change..he texted her and told her of the adddress change.. order says to notify within 30 days doesnt state how. Judge ordered mediation but mother didnt sign off to release...
Sometimes things happen and you just don't have enough time. By law you are supposed to provide any change of address to the other parent AND the court 30 days before the move. If someone does not do that, and there is little to no actual harm, the judge will most likely look at the parent bringing the show cause with crossed eyes and warn the parent that moved to give more notice next time.
That said, for someone to continue with the show cause may mean that there are actual harms to that parent. Perhaps they don't have adequate transportation for visitation; perhaps the new neighborhood is more dangerous; perhaps a new school is substandard; perhaps it's too far away; etc. Rather than show cause, that parent would likely benefit more by asking to have custody/visitation amended. Or, if it's before the move takes place, and the parent wanting to move was intending to do so for any of the above reasons, the parent bringing the show cause may be able to force the moving parent to stay where they are.
There are just a lot of independent factors that can play into it. But either parent is doing it just to be nasty, the judge isn't going to be too happy about it.See question
I have a dog, 1 year old beagle mix, that I pay an additional pet rent of 50 dollars a month for. I am wanting to get a 1 year old cat now and the owner of the house said it was fine and the landlord just needed to do a walk though. At the end of ...
Yes. Unless it is already specified in the lease, the landlord is the owner of the property and can set what rules or additional requirements he may have since you are asking for the terms of the lease to be changed.
If you are still uncertain, you should take your lease to an attorney for a complete review.See question
I am the non-custodial parent to a 14 yr old boy who is living with his father. I currently have weekend visitations and shared holidays. I believe my son is in eminent danger due to finding photos he posted on social media playing with guns, smok...
Yes, you should bring motions to amend both. The juvenile and domestic relations district court judge will review both since both matters are really being litigated. If custody changes, visitation would necessarily have to be changed. Even if physical custody does not change, you may have strong arguments for increased visitation with you.
Judges typically award joint legal custody, with primary physical custody to one parent. If you gain primary physical custody, visitation for the father will need to be determined. In addition, child support, if currently present or asked for, will need to be filed for as well.
You should review the code section on Best Interests of the Child since that is what the court will use to determine custody and visitation. I typically ask my clients to provide both positives and negatives for BOTH parents for each listed item and concentrate on the impact to the child. The judges don't want to hear one parent simply badmouth the other. That rarely works. I am including a link to the statute below.
Though I understand finances are tight, it is always in your and your child's best interest to have an attorney involved. You may want to ask the court to have a guardian ad litem appointed for the child if this is not the full trial that is approaching. This is an attorney that will represent your son rather than you or your ex. They cannot advise you, but if your son is having problems they will report the concerns to the court.
Please note that this is just general information that any attorney will provide you in situations such as this. None of us know the full circumstances or what the court may decide. This is why it is recommended you seek the advice of an attorney that can be involved in all aspects of this case.
I signed a settlement agreement that released someone from a COMPLAINT OBJECTING TO DISCHARGE in a chapter 7 bankruptcy cases. In a nutshell, the defendant lied and provided false statements in discovery and committed perjury during depositions t...
Go speak with a bankruptcy attorney and/or a contracts attorney. Without knowing the contents of the settlement agreement, there's no way to tell if you have been directly damaged. Also, if the defendant committed fraud or perjury, a bankruptcy attorney may be able to help you determine what can be done (if anything). As I don't practice bankruptcy law, I can't give you anymore information. Good luck.See question
Our landlord has texted us a 60 day eviction notice (not served), with which we as tenants are happy to comply because we are fed up with his inconsistencies and failure to maintain the property as described early on in our landlord-tenant relatio...
This doesn't sound like an eviction notice so much as termination of the lease. Without the lease itself, it's hard to know for certain. It is common to have a lease whereby either the landlord or the tenant must give 60 days notice of request to terminate the lease even if it is at the expiration of the lease. My guess is you have a situation like that occurring - that it's really simply notice they want you to move and they're giving you that 60 day notice. If that is the case and you were to leave before then, you could easily be held liable for the remaining two months.See question
I have physical custody of the children. We share joint legal custody. My ex-husband has lost his license due to past child support. I do not want you to deny visitation to him but my concern is my 12 year old daughter who has anxiety disorder alo...
You are right to be concerned, and should be for any child, not just one that has anxiety concerns.
That said, I think that your approach to simply ask him to have someone else drive is a good option. If you express it as you have here, he really shouldn't take offense. Another option may be for you to drive the children to him rather than having him pick them up.
The courts always prefer if parents are able to work out their issues and concerns. Hopefully he will listen to your concerns and also recognize that it is in the best interests of your daughter. And hopefully he will get caught up in past child support and have his license restored soon.See question
Greetings, in Feb. 2016 I sold my 1998 boat, motor ,and trailer on craigslist for $2450.00. Now the buyer want me to pay for repair work to replace fuel line, fuel filter pump in the amount of $524.30. He has operated the boat several times and ...
This sounds fishy to me. (Pun not intended.) Though I do not deal with boat sales, a sale like this is most likely an "as is" sale unless you have made any expressed guarantees. You should print out your Craigslist ad and make sure you haven't made any guarantees or warrantied the boat for future repairs. It is possible there are finer points of laws in boat sales that I am unaware of, but if this was a regular vehicle sale, and you made no such guarantees or warranties, the title was clean and transferable, and the vehicle was able to be registered, the purchaser wouldn't have a leg to stand on.
You may want to meet with an attorney in your area that offers a short consultation just to review.See question
In 2005, my husband and his ex-wife bought a home for $260,000 in Suffolk, VA. They separated approximately three years later in 2008. My husband could not afford the mortgage payments and told the mortgage company to foreclose after trying to sho...
A deed in lieu would simply transfer the property to the mortgagor without need of foreclosure.
There's no way anyone here can tell you the best option as all the facts are not clear. You would need to seek the advice of an attorney. I would suggest taking any documentation (assuming you are on the note) with you for review. In addition, it appears as though it was your ex's obligation, but you don't indicate whether you quitclaimed the home to him during your divorce. A quitclaim deed in itself will not absolve you of mortgage obligations, but it may well be that you have a separation agreement that will shift any loss to him for tax purposes (you will be 1099ed for any shortfall).
You really need to get together all of your documentation and meet with an attorney. Many will offer a short free consultation and give you an idea of how you can proceed.See question
My daughters father refuses to speak with me regarding our child. He does not help me to raise her or discipline her. He continues to pick her up and wont let me know what is going on with her. I don't know where he takes her or who he leaves her...
There is no specific rule as to how much time a non-custodial parent has with their child or children. The judge looks at the specific facts in each case and determines the visitation based upon that.
Your questions are a little confusing to me in that you seem to want him to spend more time with the child, but then also object that you don't have sufficient contact with the father when he has the child.
It is true that you cannot control him when he has custody. It is also his time to share visitation with his family members as he sees fit. This is a good thing - a child benefits from contact with all family members, not just the parents.
If there is some evidence that the child is being placed in danger, that would be something different. In addition, the parents should share reasonable information with one another and should certainly discuss major decisions that must be made surrounding the child - such as medical needs, schooling, etc. That is the impact of joint legal custody.
If there has been a change in circumstances, you can submit a Motion to Amend custody and visitation. Or if the father is in direct violation of a court order or a consent order, you may file for a show cause.
You should really take any existing order to an attorney for review and they will be better able to advise you if there is something that can or should be changed based upon the facts and even the judge that would hear any case that may arise.See question
I wanted to file a FOIA request for records from my trial. I know that some records are at the discretion of Police Department but are some mandatory such as police report, statement from witness etc? This is now 6 months after the trial.
If these items were introduced at trial, you should be able to get them from the Court Records simply by requesting them. Whatever you can't get from there, particularly if it was not introduced, you should be able to get through the FOIA request to the Police Department. You may need to try one or two divisions to get the items you need.
I always ask for everything I want. If they don't provide it, they should tell you why. As to the length of time something is kept, I believe it is specific to the County. You shouldn't delay any longer as you don't indicate when the incident occurred.See question