Archived
Is my husband be able to adopt my daughter if I have sole legal custody and primary physical custody of her ?
Emily's answer
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Answered on April 27, 2015
No, he would either have to have his parental rights terminated, which is an extremely high burden; or agree to relinquish his parental rights in...
Is there abeyance in child support?
Emily's answer
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Answered on April 17, 2015
No. If your income has changed or you have become unemployed, you MUST IMMEDIATELY seek modification as they will not retroactively modify. The...
Archived
Do I have legal rights, as a Grand Parent to speak to my grandchildren living in another state? My son is denying me access!
Emily's answer
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Answered on April 08, 2015
Generally no. A fit parent is presumed to be acting in a child's best interest with regard to 3rd party contact and visitation. There are narrow...
Archived
When my ex and I separated our daughter was only 3 months old ..i had an attorney representing me for an annulment case
Emily's answer
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Answered on April 07, 2015
Generally No. A modification of custody as you describe it requires a change of circumstances and the child simply aging usually is not sufficient....
Archived
TPO
Emily's answer
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Answered on April 07, 2015
An ex parte granting of a TPO application is not a conviction, in fact it is not even a criminal proceeding. . It is a very low legal standard and...
Archived
If Judge grants deadbeat parent full custody, how can other parent get her rights back, if had they had them their whole lives?
Emily's answer
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Answered on March 25, 2015
Essential facts are missing from your inquiry for anyone to give you any constructive feedback. You should consult with an attorney.
Archived
Is it right for my attorney to agree to the opposing party's proposal to waive child support even though I have primary?
Emily's answer
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Answered on March 20, 2015
Your attorney should probably not be agreeing to things unless you authorize him to do so. If you have questions as to why he thinks this is a good...
Archived
I'm a mother of my 1yr old son. I am now married to my husband. I am sharing joint custody can my son father get visitation ?
Emily's answer
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Answered on March 18, 2015
If you are currently sharing joint custody the standard to modify custody is not easy. Absent other facts, the scenario you laid out likely would...
Archived
Can you reopen a divorce decree that is 3 years old?
Emily's answer
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Answered on March 18, 2015
You currently have a lawyer who is likely familiar with all the aspects of your case and legal technicalities so this question should be directed...
Archived
Kids father no longer want to see the kids?
Emily's answer
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Answered on March 16, 2015
Also, that child support cannot be half his paycheck. In order to be paying $2,148 for two kids he must make at least $14,816.00 per month; which...
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