Powered by Avvo.com

My wife's son lives in New Zealand. Is there any chance to get him to America?: There is a long back story. But the short version is, my current American wife met her first husband in New Zealand and had a son. After living there for 10 years, he left her and took everything they had. She was left with nothing and 1/2 time custody of her 8 year old. After years of being bullied by her narcissistic ex she had to move back to the US. Her now 13 year old son flies here twice a year for about 6 weeks total. She was coerced into signing these documents and now feels like she is stuck.

My question: Is there any chance in getting her son to move here full time or at least get more time when he does come to visit?

Thank you.

Asked 4 months ago in Child Custody

Meggin’s answer: I'm sorry to say that attorneys here will not be able to answer that for you. You will need to contact an attorney in New Zealand to help you since that is where the orders are from. I wish you the best in this hard situation.

Answered 4 months ago.

What happens when a judge orders parties to file a stipulation to modify a PPO and the stipulation never gets filed?: In 2007 my husbands ex wife was granted a permanent restraining order against him relating to DV. The original protection order included their daughter as a protected party. Divorce proceedings took place and the judge ordered that the PPO remain in place between my husband and his ex but that it needed to be modified to remove the child as a protected person as my husband was awared 50/50 custody. A stipulation was drafted but it appears it was never filed. In 2012 their child was removed from her mothers house and placed in my husbands full and permanent custody where she remains today. Yesterday his ex wife, who has no rights to the child, contacted authorities and asserted that my husband is not to have any contact with his daughter despite her having been in her fathers full custody for almost five years! If indeed the stipulation was never filed what does this mean???

Asked 4 months ago in Domestic Violence

Meggin’s answer: Jessica is right in everything she said. I will add that you very much need to contact an attorney to look at your case. There are things you can do, but you will need to move quickly and get copies of orders. This is a case where quick action by a good attorney could help protect you.

Answered 4 months ago.

If the father of my children compose a written and notarized agreement, will this agreement be considered official?: My ex agreed to give up his rights to our children. Colorado has a very intense procedure for doing this in the court. If we mutually agree and have a written agreement will this be enough or do we have to go through the court system?

Asked 5 months ago in Child Custody

Meggin’s answer: You are required to file with the court if you want it to have any legal authority. You can file it as a case and have orders that he doesn't have any parenting time or decision making. However, the court will not allow him to voluntarily terminate his rights and obligations unless there is someone else to adopt the children. You can get orders that he have no time or decision making authority, but not that his parental rights are completely terminated without an adoption by someone else. Also note that parents cannot voluntarily waive child support for children. The support is the right of the children, and judges will not just let it go away. The only way to end his support obligation is if the children are adopted. Perhaps a good option for you is unbunded representation. That is where an attorney can help you with the paperwork, but not file it for you or represent you in court. It is much cheaper that way, but you still have the benefit of consultation with an attorney.

Answered 5 months ago.