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Scott Allen Scholl
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Scott Scholl’s Answers

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  • My ex husband took my 14 year old and refuses to send her home, ever. Is there any way to get her back?

    I have custody and he is 20,000 behind on child support. My child was in trouble for sneaking out at night in her lingerie to see boys, insolence and refusal to clean up after herself. She didn't like being told what to do so she complained to him...

    Scott’s Answer

    It appears that your ex-husband has committed the crime of "Interference with Custody," which can be a misdemeanor or a felony depending on the circumstances (e.g., taking the child out of state).

    Call the police and provide them with a copy of the custody order so that they can tell that he does not have a right to have your child (i.e., he isn't just exercising extended summer visitation) and that he knows you have the right to custody of your child. In addition to pressing charges, ask them to assist you in retrieving your child in order to prevent a breach of the peace when you go over to pick her up.

    Then, also file a motion for contempt in the Court that granted you custody to have him held in contempt, both for the child support arrears and for keeping your daughter contrary to the custody order. If the police haven't helped you pick her up, ask the Court for an emergency hearing so you can get her out of that environment as quickly as possible.

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  • What do I need to transfer a deed from a revocable trust to myself as a trustee and then re-deed it to all the beneficiaries ?

    Property has a sales contract. Title company underwriter will not guarantee the title until the deed is made clear. The grantor trustee is deceased and deed still in her name.

    Scott’s Answer

    You may need to probate the Grantor's estate as well. You stated that the deed is still in her name, and so it's not clear if title to the property was transferred to the trust. If that is the case, it's pretty common for the Grantor to have a "pour over will" providing for the property to go into the Trust after the Grantor has passed.

    As the other attorneys have stated, you'll need an attorney to look at the Trust Instrument itself, the title documents to the property, and if the Grantor's estate went through probate they will need to see the pleadings, orders, etc. from that as well.

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  • How to get a international divorce

    I married my husband 6 yrs ago in Arkansas. No children between us. No property to distribute. He lives in Norway but is not a Norwegian citizen. he is a polish citizen. He never registered our marriage in Norway. So it is not recognized over th...

    Scott’s Answer

    You will still need to comply with the Hague Convention in serving your husband with the summons and complaint. While I know that Norway is a signatory to the Convention, I don't know offhand whether it allows parties to waive formal service or be served via certified mail so that is something that will need to be checked into.

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  • Can my daughter ask for shared legal custody in court. Her mom is custodial parent. Daughter is 15

    My daughter does not want her mom making all the decisions. Health,school Ect..

    Scott’s Answer

    A may consider the desires of the child, and give whatever weight to those desires as it deems appropriate - which means it may give quite a bit of weight to what the child wants, or none at all.

    I would strongly advise you to work with an attorney. Having children come in to court on a custody case can be sticky at times and you don't want to end up making things worse.

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  • Can I dispute a hospital bill if I suspect someone drugged me?

    I accepted a drink from a stranger at a bar, and have no recollection of anything that happened to me that night shortly after drinking it. I woke up in the emergency room the next morning with no idea how I got there. When I spoke with the nurses...

    Scott’s Answer

    Your post doesn't raise any issues as to any impropriety with the charges from the hospital. You seemed to have been in need of medical care, and they provided it.

    Your dispute is with whomever drugged you without your consent.

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  • Can she be charged with indentity theft

    I know someone who use to work at a rental car place and one day a customers nephew came to rent a car in her name with her dl and her card and come to find out he did it with out her permission now the aunt is trying to charge the rental car agen...

    Scott’s Answer

    It doesn't appear by the facts in your post that the rental car agent committed an identity theft, though there is a question as to whether or not there is some liability if he knew that the person with the drivers' license wasn't the person renting the car. She can file a complaint with law enforcement to see if they will do anything, and if she suffered a monetary loss she can file a lawsuit against the agent and the car rental business - probably through small claims inasmuch as probably isn't enough to justify hiring an attorney.

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  • What kind of summons is filed if ex husband's name got put back on credit card which had been a joint account for 21 yrs.

    Had been joint account for 21 yrs. After divorcing funds were transferred and the account was canceled. A new account was opened w/same cc but ex's name got put back on it. In the meantime, bankruptcy was filed so the cc company went after ex-husb...

    Scott’s Answer

    Your question isn't very clear. By "what are ex-wife's steps to make amends" are you asking about paying off post-divorce charges by ex-wife? If the ex-wife is wanting to make amends, then she can certainly pay off any charges she made.

    If the ex-husband is asking how he can avoid paying for the charges made by ex-wife, he can dispute liability with the card issuer and put them to their burden of proof to show that he agreed to be liable for the account/authorized charges.

    Depending on the language of the divorce decree, ex-husband may also be able to motion the court for contempt sanctions against ex-wife.

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  • What is the time limit, in which my husband can file for stepparent adoption, from non custodial parent .

    my husband are talking about step parent adoption. My husband has been in my sons life since he was 17 months old to now hes 8 yrs old.My sons father and I were never married and he has court ordered visitation and child support. Order was filed i...

    Scott’s Answer

    In order for your husband to adopt your son, without the consent of the biological father, you would have to show that the biological father has failed, without justifiable cause, either to pay support for a period of one year or more or to have contact with the child for a year or more.

    For most violations of the order, you can bring a motion for contempt to enforce the order. Of course that doesn't work to enforce visitation simply because if the father doesn't want to have visitation nobody wants to force him to take the child.

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  • Back child support

    My husbands dad is paying back child support and his mother is getting it but she's keeping it to spend on her and not him. I thought it was supposed to go to the kid he's paying on. She is getting it every month and he's not getting a dime of it....

    Scott’s Answer

    It's not clear, but since the 'child' is married and you used the term 'back support,' I am guessing that the father is paying back child support arrears for support that was likely due during the time that your husband was a minor. That would mean that his mother likely had to bear the full financial burden of raising the child and is now being 'reimbursed' (for lack of a better word) for the financial responsibility that she had to bear when the father did not pay his share.

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  • Is an agreement to split property if a couple breaks up legally binding?

    We are definitely split up, no chance of reconciliation. After a few years on the rocks, we signed an agreement that says "We, names. consider ourselves to be husband and wife in the eyes of God, but do not believe the state has authori...

    Scott’s Answer

    As Ms. Reece stated, you'll need to sit down with a knowledgeable attorney to review the document to see if all of the requirements to have the agreement considered to be a binding contract are included in the agreement. The attorney will also need to be able to review the note, mortgage and the trust instrument.

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