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Melissa L Isaak
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Melissa Isaak’s Answers

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  • Can i file for contempt of court for a child visitation order violation without an attorney's help?

    Went to court last week for a modification of child custody. Result: Mother still has sole custody but I have an order of a visitation schedule now. She denied me visitation the first weekend it was to go into effect.

    Melissa’s Answer

    Shes already in contempt of court. I would document all attempts to get your child in accordance with the Order. Record conversations, screen shot texts and if necessary, record all in person interactions. You dont want to get into a situation where it is a he said/she said. If she continues to deny your visitation, her lack of compliance may be used against her in a subsequent proceeding for a change of custody as well. Your next step would be to file a petition for contempt and perhaps ask the Court to add langugae to the Order whereas sanctions would be imposed upon her for lack of compliance.

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  • Can I get sole custody of my daughter from my abusive boyfriend?

    I don't want to be with my boyfriend but he keeps threatening to take my daughter from me! Can I get sole custody for him? He psychologically and emotionally tortures me! He tries everything he can to drive me to literal insanity so he can try to ...

    Melissa’s Answer

    It sounds like your relationship with your boyfriend has been on the rocks for some time. Your statement that "he keeps threatening to take my daughter from me" indicates one of two things; that he wants to be a part of his daughters life or that he being vindictive. Hard to tell from your post. Keep in mind that your relationship with your boyfriend has nothing to do with your daughter’s relationship with your boyfriend. Studies actually show that children do very well when raised by both parents after the parents separate. "Sole" custody completely strips the other parent of all parental decision making and makes them nothing more than a visitor. If he is a good dad, then let him be a dad. If he is truly abuse and is not a fit parent, then that’s a different story but it’s important that you as the Mother remain objective when it comes to decisions regarding your child and their father. Currently, Alabama uses the "best interest standard" which looks at several factors to determine what sort of custody arrangement is best for the child. The behaviors of the respective parties is considered by the Judge. I would suggest you and your boyfriend take some parenting classes to learn skills on how to co-parent your children after separation. Whatever decision you make or what lawyer you chose (if you hire a lawyer) remember that as long as you are both fit parents, your child needs you both.

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  • Can I put an ad in the paper after filing for an uncontested divorce? Will I be able to get legal aide for this?

    I've been wanting to file for divorce for the past 2 years. My ex husband lives somewhere in Texas and won't ever tell me his address. I want an uncontested divorce and want to make sure he signs the papers.

    Melissa’s Answer

    An uncontested divorce is something that is filed if both parties agree to the terms of the divorce. If the two of you do not have an agreement, and do not agree to an uncontested divorce, then your divorce will be filed as a contested divorce. You could file the divorce and have him served at his last known address. If you are unable to serve him there (because he no longer lives there), then you could file a motion to have him served by publication. Generally you have to run an ad in the newspaper where his last resided, one a week for four weeks. At the end of the four weeks, he would be considered "served" and have 30 days to file his response. If he does not respond at the end of the 30 days, then you can file a Motion for a Default Judgment. This should be done for a reasonable price, since most lawyers have forms to do all of this. Good luck to you.

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  • If she is using his name and introducing herself as his wife and him as her husband can i get her for adultery?

    I am married, but we have been seperated for over 5 years. My wife has been intoducing herself married to the man she is with. She also uses his lastname on Facebook. We live in Alabama. I think it is a common law state.

    Melissa’s Answer

    The other answers are correct, in that she cannot get remarried until she is divorced from you. Could she be guilty of adultry? Techinically, I guess she can but it is highly unlikely. If you were to file for divorce and you admit that you have had a long term separation a judge most likely will not grant a divorce based on adultry. If adulty caused the separation, then the divorce may be granted on that basis. Since the marriage seems to be irretrievably broken, I would consider your options for a divorce.

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  • What can my husband really do?

    My husband and I have been separated for almost 11mos (different states). My 2 children (my husband and I's) and I have moved in with a man I've known for 16yrs. I think I may be pregnant by this other man. Is my husband able to take the children ...

    Melissa’s Answer

    It appears that a divorce has already been filed, since you have referenced winning "full custody" in two previous court appearances. Your question “is there time to get a divorce before the baby is born” is a difficult one to answer. The answer to your question depends on several factors, such as if and your husband are able to agree on the terms of the divorce, if he is going to fight you for custody and various other factors common in divorce cases.

    Your husband could raise the issue of adultery. However, adultery is difficult to prove. If you are pregnant, he can certainly prove that you had sexual relations with another man but may not be able to prove that the sexual relations took place prior to the date of separation. Although with an intact marriage the husband is presumed to be the father of the baby, the presumption is rebuttable. If you inform the court that your husband is not the father and/or if he informs the court that he is not the father, you should not have to worry about his name being placed on the birth certificate.

    When dealing with custody awards, the courts in Alabama consider the best interests of the child. Your husband’s history of drug possession and DUI’s will be looked at by the judge, as will any blemishes in your past. I would consult with your lawyer regarding what steps to take next.

    I wish you the best and hope that you and your husband will be able to get along for the sake of the children.

    Melissa L. Isaak

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  • I have entered a divorce decree to the judge. His reply was Failure to submit sufficient pleadings What do I need to do?

    I used a online kit from Rocketlawyer .com which guaranteed 100'% success

    Melissa’s Answer

    Your situation unfortunately is not uncommon when dealing with online companies. Rules differ from county to county and often differ with judges within the same county.

    I would contact rocketlawyer, request a refund and retain a lawyer to help you. Filing incorrect forms will do nothing but delay your case and frustrate the Court. Good luck to you.

    Melissa L. Isaak

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  • Hi, My husband of 19 and 1/2 years asked for a divorce. as far as i know, he just wanted out. No hanky panky. I'm 54, have no

    college degrees. I work at a menial job. We have no minor children. I do not want this divorce, but i will not contest it if he will agree to help me get on my feet. My question is:am I entitled to alimony AND half of his 4O1K? Neither one of us h...

    Melissa’s Answer

    It is not uncommon for both parties to use one lawyer in the case of an uncontested divorce. However, for a divorce to be uncontested, both parties must agree on all of the terms of the divorce. That means every term! If he does not want you to speak to his lawyer then by all means seek representation for yourself. If you sign divorce papers without understanding the terms of the agreement, or sign paperwork which contain terms you do not agree with, it can be extremely difficult to modify the terms later.

    You have a long-term marriage and are entitled to an equitable portion of all property acquired during the marriage – his 401(k) included. Equitable does not mean equal, it means fair. The courts generally look at age, education, ability to earn, the lifestyles that the parties have grown accustomed to and the conduct of the parties during the marriage when distributing property. Generally, you would be entitled to half of his 401(k) which was acquired during the marriage. Alimony is considered based on your needs and his ability to pay. The court attempts to make certain that both parties are able to provide for themselves after the divorce, although the standard of living for both of you may go down. Divorces, especially in this economy, can be a huge financial burden to both parties.

    I would speak to a lawyer in your area. And the advice given previously is correct; you can request that he pay your attorneys fees. Hire a lawyer you feel comfortable with and trust that the courts will make a fair decision in the absence of an agreement between you and your husband.

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  • Can a court supercede the agreement already made by the parents in a divorce

    My wife and I are getting ready to file for divorce. We have mutually areed on everything involving our divorce included the responsibilities and finances of our child. Upon the courts finalizing the divorce, can they supercede our decision or ag...

    Melissa’s Answer

    Although the courts have the authority to supercede the agreement you and your wife have mutually agreed upon, most of the time they do not.

    The Courts generally promote peaceful negotiations and almost always order mediation in Autauga County. The judges would rather that the parties come to an agreement. There are state guidelines as to the amount of child support which must be paid but it is not uncommon to deviate from the guidelines for various reasons. As long as the court is satisfied that the needs of the child will be met, and that the best interests of the children are taken into account, the settlement agreement will most likely be approved by the court.

    It is always a good idea to have a lawyer glance over the paperwork before it is filed. Several lawyers offer free consultations and will give you feedback as to any potential problems. Its great that you have reached an agreement and hopefully you will work together to co-parent your children.

    Good luck.
    Melissa L. Isaak

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  • Could she get a restraining order for texting?

    Been out of the hospital a couple weeks after major surgery, and my girlfriend broke up with me about a month prior. Long story short, it was nasty and cruel and she broke up by texting..never talked to me in person. My 2 best friends tried textin...

    Melissa’s Answer

    I agree with the above answer. I would also take a picture of the text message, its contents and the date and time it was sent. That way, she cannot file charges stating that you texted her threatening messages and have a phone bill to “prove” that you had texted her. I have had cases where women will state they received a threatening message but it was "accidentally erased" and then used the phone bill to prove they received the message. You really do not want to get into a situation where it is a he said/she said.

    I know it may sound a little paranoid, but you never know the length someone will go out of anger or spite. Protect yourself and I agree…….. cut ties! Best of luck to you.

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  • Can I get Food Stamps and other assistance if I have custody of my grandson ?

    Hi I have had custody my my 3 year old grandson for a year. Me and my husband both get social security disabilty. We are going through a hard time and we are in need of help. Does anyone know any information or may know who I could call ? Please h...

    Melissa’s Answer

    You should call the local social service agency in your area. The telephone number for the social services in Greeville SC is 800-768-5700. Just fill them in on your situation and they should be able to guide you in the right direction.

    In regards to custody of your three year old grandson, were you ordered any child support? If not, perhaps you can contact your attorney and inquire about child support.

    Good luck.

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