Skip to main content
Matthew Thomas Majeski
Avvo
Pro

Matthew Majeski’s Answers

2,861 total


  • What are the odds of him getting visitation outside of every other weekend if we go to court?

    We were never married and I never wanted to have this battle that I see that it's inevitable. I have great concerns about his influence. During the course of our relationship and after he has put 4 holes in my walls, hits himself in the ehead (wh...

    Matthew’s Answer

    Parenting time is based on the best interests of the children and is determined on a case by case basis. There are thirteen factors the court must consider when making this determination and it requires a more thorough examination than what can reasonably be done on a forum like this.

    See question 
  • Interfering with phone time

    My daughter's mom is interfering with my phone time. Whenever I call her I can tell that it is on speaker phone and the mother is couching her on what to say. Is there anything that can be done about this?

    Matthew’s Answer

    I suggest mediating the issue if necessary. If it continues to be a problem, you could motion the court to order non-interference with phone calls.

    See question 
  • Do i have to change my dissolution to a divorce?

    My husband and I filed for a dissolution. We agree on everything, there is no property to fight over. However he put in the papers that he is to pay $0 for child support for our 2 children. I refuse to sign because of this. Do i need to hire a law...

    Matthew’s Answer

    You don't need to hire a lawyer, but if your spouse is trying to get away without paying child support, I strongly suggest you retain counsel.

    See question 
  • What happens to a petioner for violating ofp

    I awnsered phone to inmate in jail that I have an ofp on. Can I get in trouble for him calling me?

    Matthew’s Answer

    Nothing happens to the Petitioner unless mutual OFPs were issued. The OFP restrains the respondent.

    See question 
  • Do I have to mediate before filing a custody motion? Or does the court order us to mediate on the first court date?

    I recently filed a motion but am concerned that I will not be heard on the first date because of statute 518.619 CUSTODY OR VISITATION; MEDIATION SERVICES. I have attempted to have conversations with the other parent prior to filing and they are i...

    Matthew’s Answer

    It depends on if the previous custody order/decree said you have to. If you do, make a good faith effort to contact the other parent and specifically request their participation in a mediation. Make sure to document this attempt. If he or she refuses, continue to the court appearance and be prepared to explain to the court why a mediation did not occur.

    See question 
  • What books and legal documents (maybe websites) are best to study about filing for custody modification?

    My divorce was finalized in April of this year. Joint legal and physical custody (I have 60% of parenting time, 2 joint kids - age 6 and 2) is not working well. What would you suggest I should ready on how to file for custody modification? Books, ...

    Matthew’s Answer

    If you are unable to retain an attorney as that would be your best choice to help you with this, I suggest heading to your local law library and asking the staff for some guidance.

    See question 
  • I have a four year old child I want visitation rights. I have not seen him in over a year as the mother will not allow it.

    I am a recovering alcoholic, 6 mos sober, attending AA three times weekly, frequent contact with my sponsor and 2 sessions monthly with a counselor. I have filed a request for visitation and will be representing myself as I cannot afford a lawyer...

    Matthew’s Answer

    You would likely be granted some visitation, however you need to start a case for custody and parenting time.

    See question 
  • What recourse do I have in a child visitation hearing if the respondents lawyer is requesting a date change and a judge change?

    I have already requested time off from work and made transportation arrangements. My witness has requested time off from work as well. At this point I am hoping to represent myself.

    Matthew’s Answer

    As counsel stated, you may object to the continuance, but generally if it's timely, a Judge will approve it. Also, each party has a right, if within 10 days of notice of appointment, to remove one Judge from a case for any reason.

    See question 
  • My fiancé and I just recently split up. She has a son from another marriage and he calls me dad. How can I still see him?

    Her and I have another child together who just turned 14 months. We lived together for 2 years and now because we aren't together she is keeping him from me. His real dad is deceased and I'm the only father figure he knows. Is there anything I can...

    Matthew’s Answer

    As counsel stated, unless you are the legal father, your rights are limited. You could have a local attorney review the situation to at least give you a more thorough opinion on whether you have any options.

    See question 
  • Is it called neglect if my children have had no insurance since Nov of 2013??

    My kids keep telling me their eyes are not working right. I have been asking my ex when did you take the in to get their eyes checked out, i get no response.

    Matthew’s Answer

    The lack of insurance is not necessarily neglect, however not taking your kids in for medical care they may need should be addressed as soon as you can. I suggest at least mediation to try to come to some form of agreement for getting your children's medical needs met.

    See question