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April Lynn Stancliff

April Stancliff’s Answers

35 total

  • Can she enroll them in school in California? Can I enroll them in school back in my district in Georgia. Can she take kids?

    My ex wife and I have 2 girls who are 7 and 5 years old. We both have legal joint custody of the girls with her being primary and myself being secondary custodial parent. She plans on moving to Los Angles California. We all currently live in Ge...

    April’s Answer

    First of all, if she is primary custodian, she probably has final decision making authority in education. If that is the case, yes she can enroll them. Also, you can certainly file a modification of custody, but I will tell you that relocation alone is not a basis for modification. Good luck.

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  • Will he be able to get a bond and does anyone know of some good attorneys that can handle Douglas county? I was told some scary

    My Husband is being charged with 1st degree Forgery in Douglas county Ga.

    April’s Answer

    Unfortunately, we cannot solicit clients or make recommendations to clients for other attorneys. You can find great attorneys here in the area of law you need. Use the search function to do so. Good luck!

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  • So could I sell or pawn some of my husband's things without getting in trouble

    I left my husband but legally still married he was abusive so I left and took some iteams

    April’s Answer

    Need more information. It also depends on what you took. If I were you, I would not pawn anything.

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  • Do i asked for the case to be dismssed or do i asked to see the final order before the judge signs.

    My husband stays in Texas and I stay in Georgia He mailed me divorce papers that his lawyer did for him. He asked me to sign a waiver of service. Telling me that i would not have to spend money to come to court and signing this would also allow me...

    April’s Answer

    I'm sorry to say that if you signed a waiver of service, you likely consented to Texas having jurisdiction over the action. You need to find and hire an attorney in Texas. I would try and get the May 4 court date postponed. Call the Court and tell them that you are seeking counsel in Texas and that you need a continuance. Then, get an attorney in Texas, please!

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  • Can i deny my son's father his visitation for the weekend?

    My son's father and I have an agreement through court. We were never married. We did everything through mediation. He is wanting to take him out of state for the weekend. I don't feel comfortable with this at all. He drinks around our son even tho...

    April’s Answer

    You cannot deny someone visitation because they are behind in child support. However, if you have a legitimate concern for your child's wellbeing, and I mean, that a real and present danger exists, that would be a valid basis for withholding visitation. A court is going to look at what is in the child's best interest. For example, an appropriate time to withhold visitation would be as follows: If the father was picking up your son for visitation, and he had a strong odor of alcohol on his breath, etc. There is a legitimate concern for the wellbeing of the child. You would need to document everything. Please put things like this in writing. Frequently people admit things in writing without ever thinking that someone other than the two of you will see it. Assume that everything you write, a Judge will see. They will. If you can prove that he drinks around your son, then you can file a contempt action. If that happens, mediate again and see that a safety plan is in place (and in the new agreement).

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  • Can she pick thekids up anytime she wants

    I am in the process of divorcing my wife, I have had a t.p.o on her and temporary custody of the children. The hearing is two months away, but the t.p.o expires this saturday. My question is can she come and do whatever she pleases with the kids u...

    April’s Answer

    Go back to Court and Renew the TPO. Now.

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  • Can he run off with my daughter when he gets legitimized? Can I ask the judge to put in a temporary agreement right then?

    Daughter is eleven months old. Father is taking me to court to get legitimized. Can I ask the judge to put in a temporary custody agreement till we agree to something so he doesn't run off with her when he's legitimate?

    April’s Answer

    Yes, you can. If the legitimation has been filed, ask for a temporary hearing. Lay out your concerns to the judge. A temporary order should issue setting forth visitation schedule and custody (and child support) until a final order is in place.

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  • What to do if my ex husband is harassing me and my relatives? My ex is trying to stir up trouble. Help

    Ex-husband won't leave me alone since he had to start sending me a monthly court ordered check. Ex is making phone calls to people I know asking details personal question, I just want him to leave me alone yet he is trying to take me back to court...

    April’s Answer

    Mr. Gibbs is correct. Review your settlement agreement. Often there is a provision that both parties live free from interference from the other. This typically includes harassment-type behavior. You can certainly file a contempt action and ask the court for a finding of willful contempt of the court's order. My concern here is that will not be enough to make him stop. You can also file a civil stalking protective order against him. The law in that area states that a person engages in a pattern of harassing behavior which is designed to harass or intimidate the other. This sounds like it fits. Although you are still connected by the divorce, i.e., he has to send you a check every month, if you file for a stalking protective order, you can inform the judge that he must communicate with you about your children, for example. The court will make provisions. But anything above and beyond the required communication would be an aggravated offense and could result in a charge against him. Consider this.

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  • What's the first legal step to take if my kid is past court order drop off time ?

    My child's mother is late dropping off my kid .

    April’s Answer

    I would agree with both prior counsel's responses. Late drop off time is not, by itself, worthy of a contempt action. It's frustrating, I'm sure. But I would - as Mr. Ashman suggests - keep a log of all late drop off times. In the event another contempt action arises that would be worth bringing to the Court's attention, such as failure to comply with some other provision of your decree, i.e., failure to pay child support, etc., then include the late drop offs as a part of the contempt.

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  • Can I file a response myself and hire an attorney for the following processes?

    I was served with divorce papers from Georgia; currently reside in Florida. It is a contested divorce; I understand it is better to have an attorney/lawyer from the beginning.

    April’s Answer

    Yes, you should hire an attorney. There are several things we need to know. At some point, you lived in Georgia during the marriage. That gives Georgia jurisdiction over you. You can file an answer yourself, and then hire an attorney for the remaining process. There is no default in divorce, but I would not recommend delay in filing your response. If you never lived in Georgia during the marriage, that presents a jurisdictional issue. Need more information.

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