Family Legal Questions

Yes, the judge in the Dependency Court has the authority to do soif the court determines that this is in the best interest of the children. The mother (your girlfriend) can appeal the court's decision but if there is substantial, competent evidence at the hearing to support the judge's decision, it will stand. ... Read Answer

Because you and your partner were not married at the time of this death, and assuming your partner had no will, you could only inherit from your partner’s estate if you could show a “common law” marriage existed.  Under New Hampshire law, a common law marriage exists if the couple resides together for at least 3 years, identified themselves as spouses and were known in the general community as husband and wife.  For example, did your spouse introduce you as his wife? Did you send cards or letter signed as Mr. and Mrs. X?  If you cannot prove a common law marriage existed, you would have no ability to inherit from his estate, including partake in any personal injury/malpractice settlement or judgment. Best wishes.... Read Answer

Thank you for your question. Since the divorce is still pending it is imperative that you address these concerns in any agreement that may be entered. While it may difficult to determine if she remarries, there may be means to address your concerns in the future. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and to ensure you understand your rights.  I hope this information was helpful to you.... Read Answer

Probably most-straight-forward wouild be to call the TPO office.  THe "Family Violence Interention Program" number is 702-455-3400; the "After Hours Protection Hotline" number is 702-646-4981.  There are more issues involved in TPOs relating to persons not within the jurisdiction of the court than can be adequately addressed by this email, and it is possible that it is something else -- you might want to call the Clerk of the Court -- 702-455-2591, and ask if any actions have been filed with you as a party.... Read Answer

Dear Mr. Briggs:       Under Florida law, alimony is based on the need of one party to receive it and the ability of the other party to pay.  Since your wife has been gone over five years, and presumably has not received support from you during that time (although you do not say one way or the other) there is certainly a strong argument that she does not have a need for alimony.    Also, you indicate that your are retired from the military, and if you are also retired and of "retirmeent" age,  if you are depending on your military pension for your income, then you may not (after dividing it with her) have an ability to pay alimony, even if she has a need.    These are just general parameters.  There is no hard and fast  correct answer to your questions, and you should consult with an attorney who could review more of the facts of your specific case and guide you accordingly.   If you are in the South Florida area feel free to contact our office. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca/Miami-Dade 954-316-3496  ... Read Answer

Thank you for your question. You can create an addendum to the prenuptial agremeent to reflect the change in circumstances surrounding the agreement's teatrment of the house you were to get in the event of divorce. You will need to have a brief session with an attonrey in the family law field as you need sufficient consideration (i.e., something for whcih both parteis have bargained) in order to support a substnatial change in the existing prenuptial agrement.  So, the language will be implortant as well as proper exectuion of the new agreement.  This is not complicated but must be done properly. In the event of a divorce, spouses will look for any flaw to set aside a post-nup. Good luck and enjoy North Carolina!... Read Answer

When was your daughter’s fcc hearing? She may want to consider filing a motion de novo to request a new hearing before the trial judge. Every county has their own rule on the time line to appeal. Your daughter may want to consider hiring an attorney so that formal request can be made for  the dad’s  financial information, check stubs and tax returns. I agree that your daughter should have an address where the dad is living at if he is going to have overnight placement with the child. I would ask to see a copy of the actual court order from the hearing and to check the information listed about the case (and possibly his address) at the Wisconsin circuit court access site. It is hard for me to believe that the court commissioner wouldn’t have been insistent on requiring the dad to provide both his financial information to the court and a current address where he is residing at.... Read Answer

I'm sorry you're having this problem with your husband in the middle of this divorce case. I assume that you and perhaps your usband are representing yourselves in this case. If you did not sign the 'pencil-filled draft agreement' you sent to your husband, it is of no effect. He can notarize his signature and send it to court but without you signing it as ell, the judge will not accept it as a final settlement. If there are suspected hidden assets or you have property issues of significance (real property, the marital home, pensions, overseas accounts, etc.), you really need some legal advice from a competent family law attorney. You should see from this experience that divorce is not alwasys simple and easy to handle by yourself. A good lawyer will know how to send discovery (i.e., formal requests for documents) to your husbnd to get a omplete financial picture Only then should a settlement agreement be prepared for consideration by both partieis. If it still won't sette, you can try court-ordered mediation to settle your case. Good luck!... Read Answer

The mediation agreement is a contract, but until it is approved by the Court, it is not a Court Order. That means that there may be defenses to approving it. You mentioned having a lawyer, you really need to take this up with him or her. If you have an attorney, you cannot go to court and argue anything to the judge. If you don't have a lawyer, then you absolutely should not try to go to court and argue anything to the judge. I don't want to put 'you have to have a lawyer' as an answer, it seems you know that, but again, with a signed agreement, and your husband has an attorney, you will not like your results if you go to court and argue your case. That is because you will be bound by court rules that take years to learn. The best baseball player in the world may be a terrible boxer, we all have our skills. You need to speak with your lawyer about what you want, and what is possible for you.... Read Answer

  Generally, Federal law preempts state law in the area of military retirement pay and its division. For example, the Uniformed Services Former Spouses' Protection Act ('USFSPA') may cover the right of a state court to deal with alimony issues in divorce cases. I regret that you did not avail yourself of divorce counsel knowledgeable about military divorce law prior to or at your mediation. Now that the final judgment has presumably been entered and you are in pay status under your military retirement, you need to locate and speak with a divorce lawyer with knowledge of the USFSPA as soon as possible. It is a complex are a of law quite apart from Florida law and requires specialized knowledge. Please do not delay. For any attorneys reading this answer, please refer to The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families by Mark E. Sullivan published by the ABA. It's the 'bible' for military divorce cases. ... Read Answer

I am sorry you're experiencing this much difficulty with the father of your sons.  If he does not want to go to counseling, you have one of two choices: Continue with this impasse over parenting or seek court relief. You cannot have a guardian ad litem appointed unless there is an open court matter. You can both agree to see a parenting coordinator ("PC") to help with the timesharing issues and the other issues as well, but again, only if both agree to go to the coordinator or the court orders it.  Since the lack of compliance with the timesharing is a way to get a court's attention, you may try filing a Motion for Contempt relating to the timesharing and then ask the judge to refer you both to a parenting coordinator. I have been a PC for over three or four years and court-appointments are the way to go.  Again, both of you can agree to go to a PC if you wish. I hope he will ‘see reason' for the best interest of the boys and go to the parenting coordinator.  If not, the court can assist you. - David B. Mitchell, Esq., Coral Gables, Florida... Read Answer

While no one can promise or predcit the outcome of a custody case, it seems to me, going from 12 hours a week, to week on week off, is a monumental leap for him to make. The presumption is everything should be left as is, under WI law. He must show a substantial change of circumstances since the last court orders to modify custody and placement. I also have never seen in my practice the court order week on week off placement. The parties can agree to it and make it a court order, but if up to the court, I  would be suprised that they would order such a placement schedule.... Read Answer

  Your situation is unfortunately not unusual with parents dividing time with their children.  You have a two-part question. First, your court order controls all questions of custody and timesharing runless and until a court rules otherwise. As your son is 15, it is likely the court may appoint a guardian ad litem to interview all concerned and make a recommendation to the court as to where the child should primarily reside - with father or mother. A 15 year-old's wishes may carry great weight for the court if the judge determines that the wishes are in the best interest of the child. At 15, his age presumes a sufficient maturity to give a knowledgeable opinion on preference. Now, as both of you have different parenting styles and disciplinary approaches which seem to be at the heart of your issues, before anyone returns to court I would recommend both parents seek the assistance of a Qualified Parenting Coordinator to assist you both. (Florida law provides specifice training requirements to become a Qualified Parenting Coordinator.)  If the situation merits a more intensive assistant, you both may wish to seek family counseling to reconcile your competing philosophies on parenting styles.  This may even avoid the need to return to court.  Good luck to you both and the child.  ... Read Answer

I am sorry you are having these problems with the father.  However, you are in a good position to get the relief you need. Your court order is the  'blueprint' or guidelines for all matters relating to custody and timesharing (visitation) between the father and your child. If he is blocking your timesharing by taking the child from you without permission, then you can return to court to enforce your rights. On your other question, the preference of the child as to which parent with whom the child wishes to live is only one factor in the court's decision to change custody. That depends on the age and maturity of the child, the reason for the preference and, ultimately, what is in the best interest of the child. If this involves a very young child, the court may appoint a guardian ad litem to interview all involved and make a recommendation to the court. If the child is older (16 and above, typically), the preference of the child may be the key factor.  ... Read Answer

There is an emergency process to ask the court for very quick hearing.  You would need to file this in the county where the children are currently located.  Unfortunately, I do not believe there are any pro se forms for this process, so you would need to do your own or consult an attorney.  This is a statute that may apply (depending on the facts of your case): https://www.legis.iowa.gov/docs/code/598B.204.pdf     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

The split is usually covered by the statute which provides a formula for each parent and the child's responsibility.  Generally, each person is responsible for 1/3 of state college tuition and expenses, less scholarships, etc. and child's income.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

Unfortunately, as much as this may hurt the husband, there is no legal basis for a lawsuit based on these facts.    DONNA R. MILLER   Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

You cannot contact the judge directly.  The proper procedure to deal with someone who is violating a court order is to file a  Motion requesting that the opposing party appear and show cause why they should not be held in contempt for violation of the court order.   If the court finds that they willfully violated the court order and that they have the ability to comply, the court can hold them in contempt of court, and depending on the type of contempt, may imprison them, order that they pay a penalty, and order that they pay the aggrieved party's attorneys fees.  ... Read Answer

Your court order should have specific language in it regarding school choice (usually in the "legal custody" section).  Either way, no, he has no authority to unilaterally select, or de-select, a school.  First, see the information regarding custody posted here.  What you really need is a detailed consultation with a family law specialist, in this firm or some other.... Read Answer

There is a subsantial change that has occurred by the incarceration of the child's father.  You can request a modification in the final judgment to change the time-sharing upon his release, especially if it is based upon a drugs or violence and not just stability.  The court will look at the best interest of your son in determining if any restrictions should be placed on the father's access to your son.   Due to the time it can take for the court to resolve the case, you would want to act as soon as possible, otherwise the father will be out of incarceration and thus you may waste time and money if you wait too long. ... Read Answer