Skip to main content
Curt Perri Bogen
Avvo
Pro

Curt Bogen’s Answers

1,268 total


  • Will this affect the custody of my child?

    My husband and I separated about a month ago, but not a legal separation. Since then, I slept with someone else and my husband found out. I am planning on filing the separation paperwork this week but will my mistake affect the custody of our chil...

    Curt’s Answer

    Generally, you're in divorce Court after a separation. Courts end marriages based on incompatibility-- they divide the stuff and establish orders of custody and support. This should have little effect on the divorce itself-- you were both already apart. Jurisdictions differ, but generally, the perception of clients is that "adultery" is a huge war club to swing in a Deee-vorce proceeding-- and that's largely an urban myth. Nonetheless, I wouldn't parade the new person around the kids-- I'm just saying. Good Luck.

    See question 
  • Can my ex stop me from moving in with someone ?

    Currently going through a long drawn out divorce cause unable to file due to lack of income. Now I have been seeing someone for awhile and it's become very serious. I have two daughters with my ex and he is now saying after months of this being ta...

    Curt’s Answer

    I suggest that you hire Counsel. He cannot refuse to support you but deny you the right to live with anyone else who can help you. Make sure that the person you are with doesn't bring any issues which could create a danger to the children-- ie drugs, convictions, etc. -- Get your divorce done and move on. Good Luck.

    See question 
  • I want to know how to divorce a person in prison

    I been married since 2007 lived w my spouse 1 yr n half the but he was in n out of jail I separated went on my own n did my life I haven't spoken to him or seen him since 2009 what can I do

    Curt’s Answer

    Hire Counsel where you live to file the Divorce and serve it on them in prison. They can't appear, so it will proceed uncontested. He needs to be served, but neither his presence nor his consent is required. Get your divorce.
    Good luck.

    See question 
  • Am I divorced?

    My decree is a few years old but i just noticed it doesn't say we are divorced. It talks about custody, debts, and the house but doesn't actually say we are divorced. Am I divorced or not?

    Curt’s Answer

    Call the Court, give them the case number, and ask them to check the docket. The Court is the quick place to answer that question-- but it sure SOUNDS like you're divorced. Good Luck.

    See question 
  • How to contest a mistake of arreages?

    I have a support order of $307 per month. I don't remember if the amount was from my last employment or because I have a SSI claim pending with social security. A letter from my doctor stating I could not work froze my payments for several years. ...

    Curt’s Answer

    I agree with both of my colleagues. In addition, I would add a motion for the Child Support Agency to do a block by block arrearage calculation so the Court has it to straighten out the arrearage issue-- because Melissa is correct, your assistance isn't "income"...and counting it was incorrect. Gert a lawyer to straighten this out-- FAST. The longer you wait, the worse it gets. You need to reopen your older motions. Otherwise, your new Motions are only effective as of the date of filing, if you file them in Court-- and the administrative motions at the CSEA are NOT retroactive. Get busy, and Good Luck.

    See question 
  • How do I get a scram monitor removed?

    I've been charged with a ovi and not found guilty of any charges. Yet I was ordered to wear a scram monitor? They basically have already deamed me guilty and put me on probation, how is this legal? What can I do to get it removed asap?

    Curt’s Answer

    1. Talk to your lawyer. 2. Ask what the final charge was that put you on probation--because a SCRAM monitor is only Ordered through probation. 3. See if the terms of probation can be modified by subsequent motion, or if there was an error in putting you on probation. Listen to your lawyer. Good Luck.

    See question 
  • Is there anyway my daughter's father can sign his right before I am married for a year.

    Her father wants to sign his rights away and my boyfriend would like to adopt her but I have not been married for a year and her father wants to sign his rights away now. is there anyway possible that he can. he has not seen her but twice this yea...

    Curt’s Answer

    I agree. A father can sign away his parental rights for adoption prior to the one year mark, and you can file prior to thew one year mark-- I suggest eight or nine months out-- but then, it can't be scheduled for final hearing until the end of a year. Good luck.

    See question 
  • How long after moving to Ohio will Ohio take jurisdiction over my 7 year old daughter?

    My daughters father is deceased. My husband is in the military. We must move to Ohio in November where he wil be a recruiter for 3 years. Since my daughters fathers passing, I have always been present during any visitation with her fathers family....

    Curt’s Answer

    Ohio does not have grandparents rights, per se, as the statute was removed after the finding of the US Supreme Court following 2000's Troxel v Granville case. Parents have the right to raise and rear their children free from third party interference. And as for grandparents of a deceased child, I would argue that absent a finding of unfitness, a Court would have to approve a right of them as third parties to intervene. Otherwise, they lack standing.

    See question 
  • Can I use personal credit card for corporate expenses?

    I have recently incorporated a Delaware Corporation. I'm a single founder and planning to bring partners and investors after 6 months. At this moment i'm using my personal credit card for company expenses. I know I should not use a company c...

    Curt’s Answer

    I suggest that you set up internal procedures to reimburse your startup expenses, so as to create a safeguard... and talk to your accountant to do so. Good Luck.

    See question 
  • What can I do for my daughter?

    My daughter is 18 and will be a senior in high school this year. She lives with her father so she can finish out school at the same school she has always gone to. He has custody of her. He is now in rehab for a heroine addiction for the next three...

    Curt’s Answer

    You need to file for custody. Then, you will be in a position to protect your daughter. Good Luck.

    See question