My ex claims that I hit her, I wasn't arrested or charged. She missed our first court case and now has a lawyer. I have some evidence proving that she is the aggressor and not me. I want to get 50 50 custody and move on. Can this happen?
You will need to write, serve on the other side, and file a response to her allegations. In it you need to deny hitting her (literally write, "I deny hitting her on [date] or on other dates"). Then write that she provides no evidence to back up her claim. Finally, write about your proof that she was the aggressor and attach, as an exhibit, your evidence (declarations from witnesses, police reports saying they didn't arrest you or find any proof you hit her, etc.) Only do this denial response if all of what you say is true. Because lies usually come back and bite you, and because you have a duty to tell the truth in court.
Yes. Plenty of fathers share custody on a week on week off or basis, if they live close to the other parent. But, it is too early in your case to know what is going to happen given her DV allegations. And, before even speculating what the final custody order could be, an attorney would need to sit down with you for an hour and ask questions about parenting patterns up to know, how old the kid are, the days and times each of your jobs keeps you away from your homes, your respective housing situations, criminal backgrounds, what the kids would say in mediation, and probably more questions based on the answers to these questions.
Custody is an area where having an attorney can have a large effect on your success in court. And child support is largely based on parenting time. Paying an attorney $3000 or $4000 ONCE now, can quickly pay off when you consider that child support is likely be $300 to $2000 a month, for YEARS.See question
My 16 year old daughter got caught sexting (with nude pictures). Her Mother and I, who are divorced, agreed to take the iPhone (I purchased) from her away from her for 30 days. I would have taken it for a year if I thought her Mom would support i...
No. Judges are not authorized to order a parent not give their child something, so long as the thing is not illegal.See question
My husband cheated and wants to divorce. He bought me a car 2 years ago but he's the only one on the title. He makes all the payments but I keep up on all the maintenance. I'm the user of the vehicle. But now I fear I will have no car for my chil...
It does not matter who has been making the payments. No dos i matter who has been paying its maintenance. What matters is whether the money that paid the down payment and monthly payments came from work during marriage - by either of you. If so, it is community property and BOTH of yours and it will be part of the property to divide at divorce, Nor does it matter that his name only is on the title. BUT do make a copy of that title document, and take a picture of the car with you holding today's newspaper to date the picture to prove the car exists and the condition it is in in case he decides to hide it or smash it. Title documents and bank statements and taxes tend to suddenly disappear after one of you says they want to divorce: Don't take the documents but do copy them.See question
Once the judge orders 50-50 custody is there any other way in which the custody orders can be changed
I agree with my colleague, Ms. Routledge. Custody orders are never set in stone.
They can always be changed IF CIRCUMSTANCES CHANGE THAT SO THAT A DIFFERENT CUSTODY ORDER IS NEEDED for the child's best interests. For example, if the primary parent literally goes crazy or becomes addicted to something, or if either party is going to move, or the primary parent becomes incarcerated, or there is domestic violence in the primary parent's home and CPS confirms the violence yet that parent continues to stay with their significant other so that the child is being exposed to it.
Your court pleadings must describe the change in the situation and you have the burden of proving the change in circumstances.See question
I have been married to him for 12 yrs...seen him through 2 near death experiences and bed ridden states...in May he left me with no income and desolate.
It depends on his mother's intent: whether she meant to give it to him alone or to BOTH of you. She is dead so she cannot testify as to her intent. I would look to see if a copy of her will is at the court and, if so, what exactly does it say / show about her intent. Seeing him through near death experiences etc has no effect.See question
blackmail....kids are not material. I'm trying to see if I can get married today.
You can't marry a married person. Did you really need an attorney to answer that question?See question
I have the mother of my child stocking me at work she's trying to give me what I believe it's a subpoena I've asked her to mail it to me and she refuses and continues to stock me at work. After that I told her if it continues I'll get a restraini...
Why not just contact mother and agree to meet her process server or the Sheriff somewhere other than your job? But, if you don't want to do that because you are trying to avoid service it won'T work; she has a complete right to have you served at work so that you CAN'T avoid service..See question
How long do you have to be married in order for alimony to take place
No attorney can definitely answer you question absolutely "yes or no" because Judges have complete discretion in spousal support issues. Judges try to follow guidelines from the Dissomaster program but they can deviate and order $0 or a million dollars if they think it is appropriate. What an attorney CAN do is help you make the best arguments against support and ensure that your income and deductions are properly entered into the Dissomaster program by the judge.See question
I am 16 and wanting to have a child, I know someone who would donate to me but I want to know if it is illegal even if we don't have intercourse.
Your odds of being on welfare after early pregnancy jumps 33%. Teen moms - and the father of their child make far less money than their friends and basically spend their life fighting off poverty. But you are talking about doing it without even a dad to help support your child?
AND you will likely also wreck your child’s life because kids from early pregnancies often have social problems since they can’t keep up with their friends because they are living so poorly. And, as adults, THOSE children tend to be much more likely to live in poverty.
Read the below:
The huge odds are that you will destroy your own life AND your child’s life. DON’T DO IT. Wait till you are in a relationship with a financially secure man, and you have a job and career to fall back on if the relationship fails. Because currently about 50% of marriages fail.See question
Me and my wife are same sex couple married 8 yrs we are at the point of divorcing and she is now withholding our son he is her biological son but we both are signed parents on his birth certificate she cheated and got pregnant during our marriage ...
Brave new world: As science and social norms progress new issues like this come up very day (and judges are asked to make King Solomon like custody judgments when there are now up to four parents claiming some role in a child's creation / birth/upbringing). Rather than trying to find out what the law is today (it may change tomorrow), instead just file a divorce petition and ask in your Petition for joint legal and physical custody. Then let YOUR WIFE spend her time and money on legal research to see if there is some legal reason why you can't both have parenting rights. IF you wife finds some law preventing you from having parenting rights, THEN hire a lawyer to research and deal with the legal issue. It may be that your case is a first a kind and new law will be made.See question