Rhode Island Recent Legal Answers from Lawyers

In California, one party can choose to unilaterally seek a divorce, even without the consent or agreement of the other spouse. There is little to no legal recourse, thus your only real option would be to pursue alternative methods, such as couples counseling, to try and salvage the marriage. However, even if you do not want the divorce, it would be best to consult a family law firm which offers free consultations, such as my own, in order to protect yourself in the event that she does file for dissolution. Often the spouse who does not want the divorce goes to court without an attorney, thinking he or she can negate the request based on the lack of desire for the dissolution, yet the judge will still grant the divorce, and often on terms which the party is unprepared for.... Read Answer

You do not have full rights over your child. That is the fundamental misunderstanding you have of the court order. The court granted the child's father rights of visitation. Your unilateral out of state move impacts her father's rights. You need to seek a court order permitting a move away or, in the alternative, get the father's written permission. Based on the totality of circumstances explained in your question, I would be very surprised if you could get such an order without an attorney's help.... Read Answer

The I-212 application for permission to reapply for admission into the U. S. after deportation or removal must be signed by the applicant although a parent or legal guardian may also sign the application for someone under 14 years of age, and a duly appointed legal guardian may sign for an adult who is incompetent to sign the application.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

If you are in agreement, then it can be set up even before the child is born by entering into a written agreement and then filing the agreement and other necessary documents with the Court as soon as the child is born. If you are not in agreement, then you would have to wait until the birth of the child to initiate a legal action. You should consult with an attorney to assist you in the process in order to make certain that everything is properly done.... Read Answer

There should be no negative accounts on your credit report simply because you are authorized user, and less you only account and a responsible and obligated for paying on the account there is no way they could of listed on your credit history report. If it's on your credit history report then you're also on the account. Once your ex deals with those accounts in the chapter 13 bankruptcy they will be removed from his credit report. But the bankruptcy filing of one person never affects the credit of another person. The only way that it possibly could affect your account is if you're actually listed and they accept payment from him in chapter 13 bankruptcy and consider the account paid in full. But you should really verify with the credit reporting bureaus to find out if you're actually listed as an account holder, because being an authorized user should not be on your credit report. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147  ... Read Answer

Forget the word custody. We don't have it as such in Washington. If you're talking about residential time, there isn't any reason, simply by virtue of the children's ages why they can't divide the time 50/50. If your son isn't represented, he should at a minimum have a lawyer look over any agreements before he signs off on them.... Read Answer

It seems to me your friend is an adult and unless he is a conservatee or some other form of person who is under the care of other people pursuant to a guardianship in court, he can do what he wants and keep his business private. I think he should just move out and change all his numbers and email and tell the school not to reveal his information to anybody. Any attorney who deals with these things, like in guardianship law (different than the guardian you mention), can help.... Read Answer

The answer is no, not really, but you and your son have a couple of options. You could file for a guardianship in the Probate Division of the Superior Court and your son could consent to this, or he could file a case for custody and visitation in the Family Division and ask for sole custody, or he could ask the judge to let you join the case as grandparents and then take temporary custody that way.... Read Answer

That's not the way to do it. File a third party custody action in which you will claim that neither parent is a fit parent (they aren't by virtue of the fact that they aren't taking care of the child. Your son can sign an affidavit in support of your petition. The court can then place the child into your legal custody and provide for child support from each parent and a visitation schedule for each parent.... Read Answer

Depends. Did she file a Chapter 13 showing how she would catch up on the mortgage payments, or did she file a Chapter 7? The Chapter 7 would only delay the foreclosure proceeding for a short period of time. Is there equity in the home? Is it worth saving? Would a better move be to sell the home? If I were you, I would buy an hour or two of some attorney's time to look at the BK filing, and the divorce proceeding. Your question begs more questions.... Read Answer