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Daniele C. Johnson's Answers (345)

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Can i legally leave state with my child if my husband and i are separated with no divorce or custody rights done yet?

Daniele's answer | Answered on October 22, 2014

You are in a contested custody battle. You need to consult with an attorney to discuss your issues in full detail.

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My wife is deceased and children are 40&37y.o. I am paying back payment in child support. What do I have to do to end payment

Daniele's answer | Answered on October 22, 2014

You must continue paying the child support until the amount owed is paid in full. Once that is done, depending of the language of the order, you...

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When can I apply for physical custody in GA? My son recently moved here with me (July 2014) and is enrolled in school.

Daniele's answer | Answered on October 21, 2014

Once the child has resided here for 6 months, you may be able to file for a modification here. You should contact an attorney to explore other...

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The case is in Georgia, Custodial parent moved from Georgia, to Alabama, and now wants to move to Florida. Is this okay?

Daniele's answer | Answered on October 21, 2014

Assuming you have legitimated that child, you have the legal right to seek a modification of custody. The Court will consider the totality of the...

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Does a spouse-not on mortgage and or loan-have property rights (other than upon early death of other), if there's a divorce?

Daniele's answer | Answered on October 21, 2014

Yes. If the property was acquired during the course of the marriage, it is marital property subject to equitable distribution.

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I need some advise, I am considering separation /or divorce from my US citizen spouse.

Daniele's answer | Answered on October 21, 2014

You will need to hire a family law attorney and an immigration attorney. Then, the two attorneys will have to work closely with each other to...

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I am about filing for my citizenship through the army and I will also be getting a divorce after that

Daniele's answer | Answered on October 21, 2014

You should consult with an immigration attorney. You should not complicate matters. I recommend taking care of one issue at a time. It seems...

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Is there a way i can get joint custody of my children?

Daniele's answer | Answered on October 08, 2014

Once you legitimate the child, custody and parenting time will be determined using the best interest of the child standard and all the factors will...

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Can the father of my child take my son from me even though we have never been married?

Daniele's answer | Answered on October 08, 2014

Once he legitimates the child, he stands on equal footing as the mother. In short, he can seek custody. Once something is filed, you really need...

Archived

What are your suggestions for a new visitation schedule, now that there will be an increase in distance? Who pays for travel?

Daniele's answer | Answered on October 08, 2014

The move will be considered a material change in circumstances that would warrant a modification. If the two of you cannot agree, you should file...