wife inherited money, but it has been used to maintain the house hold. the money is also kept in accounts that do not have the husband's name on them. the money has been used for family vacations and paying for household living expenses. if wif...
I agree with my colleagues. To add, in my experience the fact that somebody used separate funds (like an inheritance) for marital expenses and vacations did not convert the funds into marital property. The biggest issue here is whether the court can tell what funds are separate and what funds are marital. The typical pitfall people have is that they may co-mingle separate and marital funds into the same account making it impossible to tell which funds are which.See question
My ex and I divorced in 2013. Legally, we share custody of our 2 kids. He doesn't see them like he should. All of the visitation outlined in the papers are basically for nothing because he sees them when it's convenient for him and his girlfriend...
Can you move? Yes. An attorney would want to review the specific language of your parenting plan before advising but in most cases the plan will require that you provide him with notice that you are moving. He could sue for custody of the children claiming this amounts to a change of circumstances and then it would be a fight as to whether the kids would go with your or not. Based on what you describe it seems that you would have a good argument but you also didn't state your justifications for moving to Florida, which would also be considered. The short answer is the "legal issue" to prepare yourself for would be him filing a modification action trying to obtain custody of the children or filing a modification of visitation and child support action trying to modify visitation to get more holiday time instead of weekends and reducing child support due to the extra costs required to exercise visitation as a result of your move.See question
In a custody case with a 5 year old, which county would be better suited for mother? The father lives in Fulton county.
You may have some ability to decide where to file if this is a divorce case. However, if it is going to be a contested custodial action, you will need an attorney at some point and all the advice on this board will not be enough. My opinion is that I don't find a bias for judges in metro Atlanta toward either gender in a custodial dispute, the facts will govern and judge shopping will not really change the outcome.See question
I want to change my visitation for my child and child support.
To be successful, most likely you would need a family law attorney. You are allowed to file pro se if that is what you are asking, but if the other side does not agree then just due to the nature of the process, forms, and presentation in court, your interests will not be best served trying to represent yourself.See question
My kid is thirteen and will turn fourteen within the coming months.
When he turns 14, hire an attorney, your child will sign an affidavit of election and you file a Petition for Modification of Custody.See question
On our divorce papers it states that we have joint decision in education . if we can't reach a mutual decision ,then my decision is final. I agreed to not homeschool, but did not know it would be a lifetime . My children tends to get sick each sea...
While I agree with the attorneys on here that it seems you may not need to file a modification based on the information you provided (an attorney would have to read the actual language to give an informed opinion), I believe the decision to home school could arguably be a material change of circumstances and if your ex does not like it, he could file a modification petition to challenge this and seek final decision making for education. This should at least be considered as a possibility.See question
I just recently filed my petition for divorce. My ex has already been served and there has been a court date established. However, I just noticed I put the wrong date of our marriage by a year (meaning the month and date are correct but it says we...
This is just a minor clerical error and is easily fixable, no need to worry. As my colleagues have suggested though, if there is anything in the marital estate that you are trying to obtain, chances are you will need representation in order to be successful in getting it so that is the more glaring issue. Not every case I suppose is "worth it" to hire an attorney, but you should at least consult with somebody to help you make that decision.See question
I am seeking advice on Sole custody of a child from the mother. I realize that the mother has to be unfit but does that has to be the only reason? I mean what if the dad is just a better parent, could this be enough? What about work schedule coinc...
You are going to need to schedule a consultation with an experienced family lawyer in the jurisdiction you reside, there are way too many details to provide in a post. In general, likely neither parent will get sole custody unless there are serious issues, and instead custody will be joint with the child residing primarily with one parent or the other. It is not a matter of "sending a message" the simple truth is it is usually better for children when both parents are actively involved. The factors you mention can certainly be relevant and keep in mind that you do not have to prove the other parent unfit, just that it is in the best interest of the child to reside with you. If you feel that you want to fight for this, then your only option is to invest in an attorney, as it would be almost impossible to represent yourself successfully in a custody dispute.See question
I am a dad with a child support order for 2 kids in GA and I am in CO. The mom started doing things other than parenting and both children (17 and 15) moved out and started living with a teenage friend. When I found out, I went to GA to get the yo...
More information is required. You would need to legitimate the children, and even though the youngest is with you right now, Georgia is probably still the home state until she has lived with you continuously for 6 months. Then it would probably be Colorado. Child Support might be different. You did not sate where the original child support order was. If you are looking just to change child support the process may be different. If you were looking to get custody of your youngest and do it immediately, based on the limited facts you provided - my belief is you would file a Petition for Legitimation and Custody in the County where Mother resides.See question
im legally married but we are not living together and my wife refuses to let me see them as of jan 5..since being married we both have legal custody can i just pick them up from daycare and keep them until a court order im going to file for
Yes it is legal. Is is advisable? Not so sure. You should probably contact an attorney for a consultation just to go over the details with more particularity.See question