Questions answered by Margherita R. Downey

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Do I need permission from my ex husband to travel to Canada with our daughter?

Margherita's answer | Answered on August 30, 2015

Do you intend to vacation in Canada? I assume your visit there is for a short time. If there are no travel restrictions in your custody...

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My wife has filled for divorce, while I was incarcerated, I have nothing left, what can I do?

Margherita's answer | Answered on August 30, 2015

I'm sorry for your despair. You do have something left; you have two children. Snap out of it and stand up for your right to be a father to these...

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How can my 50% physical custody and joint sole custody be taken from me?

Margherita's answer | Answered on August 30, 2015

Yes, you can file a Counter-petition for modification of the current time sharing. You write that your son sleeps in the same room as your...

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If married in Alabama and lived in Illinois with husband while attending college in Illinois, where can she file for divorce?

Margherita's answer | Answered on August 30, 2015

You didn't give enough facts. Did they both move back to Alabama? When she left Alabama in 2014, did she change her residency to Illinois? Did...

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Married for 10 years and 1 child

Margherita's answer | Answered on August 30, 2015

This depends on your spouse's ability to pay alimony and your need for alimony. Generally when you have a child and you have been married for 10...

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I havent lived with my wife for 10 years. we dont have a legal seperation. she lives in ny where we got married. i live in nv. i

Margherita's answer | Answered on August 30, 2015

You need to seek legal Counsel ASAP. Even if you haven't lived together but you remain married, you could possibly be sued for alimony. The...

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At a trial for visitation can I ask the judge for permission to move out of state? I am the custodial parent.

Margherita's answer | Answered on August 30, 2015

Don't wait for the Trial; file a Motion to Amend your Petition for Visitation to add a request for relocation. The law requires due process, that...

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Child safety

Margherita's answer | Answered on August 30, 2015

Your daughter is old enough to decide and testify on her preference as to which parent she lives with. I don't know what was filed to give him...

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If a GAL report from what the child says whom is mature enough to state their voice

Margherita's answer | Answered on August 30, 2015

Subpoena to the Hearing the Supervisors, Police or others who can refute what the GAL says. If some else testifies to the events, that's not...

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Supervised Visitation and misdemeanor

Margherita's answer | Answered on August 30, 2015

I am sorry to hear about your depression. Drinking and Meds just don't mix. It is honorable that you admit your issues and want to get your life...

Margherita R. Downey's Answers (637)

Do I need permission from my ex husband to travel to Canada with our daughter?

My wife has filled for divorce, while I was incarcerated, I have nothing left, what can I do?

How can my 50% physical custody and joint sole custody be taken from me?

If married in Alabama and lived in Illinois with husband while attending college in Illinois, where can she file for divorce?

Married for 10 years and 1 child

I havent lived with my wife for 10 years. we dont have a legal seperation. she lives in ny where we got married. i live in nv. i

At a trial for visitation can I ask the judge for permission to move out of state? I am the custodial parent.

Child safety

If a GAL report from what the child says whom is mature enough to state their voice

Supervised Visitation and misdemeanor