Family Legal Questions

Your question does not really make ense on the facts as stated, unless there is more to the story.  As of the age of 18, "emancipation" is automatic.  That only changes if someone is found to be in need of a guardianship for some reason, in which case the mental, physical, and emotional history of everyone involved becomes relevant.  Presuming this is taking place in Nevada, you can review the rules for guardianships here.  Beyond that, you really should consult wih a family law specialist, who should be able to explain to you all of your options and possible courses of action.... Read More

From that description, it is hard to see what is going on (or had been) or why.  While it does not sound precisely correct, that may have been his perception of perhaps interconnected legal events if, for example, there was a child abuse claim, a criminal prosecution, and a termination of parental rights case. If you know where everyone in question was located at the relevant time, a family law lawyer in that area might be able to do a search of court records (possibly online) to see if such a terminaiton was filed.... Read More

I am sorry your son was ill or injured and required a hospital stay. I trust he has recovered to the point where he is now released. You didn't say if you were married to the father of your son, but for purposes of this response I am going to assume you are not as you did not refer to the father as your husband. You wrote that your son is living with his father and both are living with his parents. You would like to see your son but apparently the father is not allowing you to do so. I am not sure how old is your son but am assuming he is quite young. I am also assuming that you are a Florida resident as is the father and his parents, and that your son has lived in Florida for the preceding six months. All that said, if  the paternity of the father has not been established, you need to do so by filing a petition to establish paternity in the Circuit Court covering the county where the boy lives. The court in the paternity case will determine several issues that will help you: First, the court will determine that the father is the legal/biological father of your son. Second, it will establish that both you and the father have joint decision-making rights regarding your son, which include medical care, education, etc. Third, the court will order a timesharing (visitation) schedule for both you and the father. This will set when you can see you son, have your son stay overnight with you, and the like. Fourth, the court will set child support which is determined by your income, that of the father, and the amount of overnight timesharing each of you has with the boy.  The key criterion the court will use for the second and third issues (joint decision-making and timesharing) is to determine what is in the best interest of your son. Once these rights and obligations are established by the court, you can enforce your right to see your son. Best wishes to you. - David B. Mitchell, Esq.  ... Read More

Your problem is very common in our mobile society. I am sorry that your spirit of cooperation with your ex’s work schedule changes has not been reciprocated now when you need it. (Note that in Florida, ‘visitation’ is now called ‘timesharing’. Same idea, new term.) Your schedule change and the suggestion you have offered -holidays and summers visitation only, down from three weekends per month- will result in a significant drop in your visitation time and possibly result in higher child support. Child support is calculated in part on the amount of overnight visits your children have with you. Here are some suggestions for you: First, do not sacrifice your job over this issue. You are correct that it is the source of income for both your child support and your new family as well. Second, you should contact a qualified parenting coordinator to see if you and your ex can work with the parenting coordinator to craft a new visitation arrangement that will offer you more than just ‘holidays and summer’ until your work schedule is more accommodating. Alternatively, if you cannot find a qualified parenting coordinator then locate a certified family mediator to meet with both of you as a neutral and see if a new arrangement can be drafted for approval by the court.  If all of those options just will not be feasible, you can return to court for a new arrangement, but this is the least desirable and likely most expensive option.  Your kids need a devoted dad like you, and you should not give up. Good luck!  ... Read More

Anita, lawyers.com offers general information and legal advice.  Legal advice is based upon a discussion of the facts in your case. Your question cannot be fully answered in this forum, because it will require more information.  For example, what are the facts and circumstances surrounding the sperm donor's participation in the process?  Did he sign a contract setting forth the circumstances under which he was contributing the sperm? If he did not, as you say, sign away his rights, does he pay child support? Are you and your wife contemplating a divorce? If so, are you seeking custody?  There are too many questions that remain outstanding.  I encourage you to set up an initial consultation with a family lawyer to address each of your concerns. Lawyers charge by the hour, therefore, be prepared to pay for the initial consultation. Best of luck to you and your family~ ... Read More

If there was a written Settlement Agreement,  you'd have to read it to know what rights each of them had concerning the house.  If there is no written Settlement Agreement, then you'd have to look at the deed to the house to see if there are any special rights either party has concerning the house.  Without knowing what those documents say, it's hard to know what rights the ex-wife may have.... Read More

First, I need to review your decree and parenting plan to figure out exactly what was ordered, and what the incomes were at the time. Second, if she is refusing work, then that is not a basis for her to attempt to increase child support. Third, changing to 50/50 is a fact issue. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office. Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More

You say you have a child support order. Does the order include a geographic restriction? That may be the basis of why he filed suit. Be sure to answer the lawsuit and show up for any court hearings. If you get an attorney, he or she will help you present your evidence. If you don't get an attorney, you can find information about how to represent yourself at https://texaslawhelp.org/... Read More

Thank you for your question.No, your husband cannot just snatch your daughter.  He will have to make an application with the Court requesting custody.  I strongly encourage you to schedule a consultation with an experienced family law attorney to discuss your rights. I hope this information was helpful to you.... Read More

Thank you for your question.In New Jersey, if you wish to relocate, you must have the consent of your child’s father or have a Court order permitting you to do so.  If you cannot locate your child’s father, you may need to file an application with the Court in order to do so.  In order to prevail on a relocation matter, you must show that the move is in the best interest of your children.  Some factors that are considered when determining whether you can relocate with your sons include the parties’ ability to agree, communicate and cooperate in matters relating to the children, the interaction and relationship of the children with their parents or siblings, the stability of the home environment, the geographical proximity of the parents’ home, etc.  I suggest that you meet with an experienced family law attorney to discuss strategy for your matter.  Relocation cases can be complexed as Courts are reluctant to allow a custodial parent to move out of state; however, every case is different and depends on your supporting facts.   I hope this information was helpful to you.... Read More

Unless your custody agreement specifically prohibits you from having your children around your (not so new anymore) boyfriend, or he's a substance abuser, abusive or a criminal, their father absolutely cannot prevent you from having the kids around him. It's not clear to me how he'd even prevent it, given that you have joint custody. If your ex is withholding the children from you on your days because of your boyfriend, you need to take him to family court for violation of your custody agreement. Don't wait too long- don't let him start to poison your kids against your boyfriend, because I guarantee you he's already started to try to poison them against BOTH of you. Lay down the law with your kids' father, and if your ex won't follow it, take him to court.  ... Read More

Not clear what you mean by "it's a Maryland court". If your children live in New York, the school district they're supposed to be in is in New York and your custody agreement was made in New York, I can answer your question. What you described is child abuse in any jurisdiction, but I can only answer your question if falls under New York law. Please clarify and I'll be happy to answer. ... Read More

I am sorry you have been caught up in a legal quagmire but perhaps I can help.  I am not sure if your child support obligaiton was created in the Family Division of the Circuit Court or the Child Support Enforcement Divison through the Florida Department of Revenue, which is an administrative court procedure.  Not to be too technical, but it can make a difference in how you proceed. Your ex-wife's refund is most unusual and I applaud her honesty! I also understand that the arrears shown on your record is now cleared.  Here is what I would recommend: The court (or administrative law judge) has ordered bi-weekly payments. Take your monthly child support amount and break it down into bi-weekly payments. Bi-weekly means that the monthly amount times twelve months (for one year) is divided into 26 equal parts, as opposed to bi-monthly which is twice a month, or 24 equal payments made per year.  Pay the bi-weekly amount every other week. No more, no less. From what you said, that is what the court (or administrative law judge) has ordered. There is no need for you to "pay extra" each month. Concerning your last quesiton about how to consider any 'extra' that you pay each month, I am assuming that you are paying your support through the Florida State Disbursement Unit ('SDU') in Tallahassee, which is standard. If so, your record at SDU will show a surplus that you are carrying. I am not sure if the SDU is sending that to your ex-wife along with your bi-weekly child support check or just carrying it forward on its books. You should contact the SDU and ask for a copy of your paymnt history printout. This will tell you if the SDU is sending the money to your ex-wife (and another refund check is in order) or if it is just being 'banked' by SDU. If banked, you can ask the SDU how to reduce/eliminate the surplus. Contact SDU at P.O. Box 8030, Tallahassee 32399 or at (800) 622-5437 (but I would expect lots of phone delays).   I hope this helps.          ... Read More

Thnank you for your question. If you and the child are in the U.S.A. on medical parole from the Cayman Islands, you, the father and the child (who are all Cayman nationals) remain under the jurisdiction of the Caymans for purposes of your question. Under Cayman Law,  the following is from the applicable Cayman statute: "15. (1) Where a residence order is in force with respect to a child, no person may (a) cause the child to be known by a new surname; or (b) remove him permanently from the Islands, without either the written consent of every person who has parental responsibility for the child or the leave of the court." So, without the Cayman father's written consent or a Cayman court order, you may not change the child's surname under Cayman law.  Tha applcaible Cayman law is found at Children Law (2012 Revision), Part II Order With Respect to Children in Family Proceedings, Section 15, Change of Chjild's Name or Removal from Jurisdiction.  You may look at the statute for yourself at www.gov.ky/portal/pls/portal/docs/1/11525525.PDF.  Of course, as this is a queston of foreign law, you may wish to check with a Cayman attorney before reaching a final conclusion as to your course of action. Good luck!      ... Read More

This is longer, and more technical, than can be effectively addressed by email.  As you have perceived, it is extremely dangerous to get involved in substantial real estate (or other monetary deals) with someone married to someone else.  You do not reveal enough about their legal relationship (in mid-divorce proceedings?  Estranged only?  Any paperwork or agreements?) to be certain, but yes, as a precondition to sinking money into such a deal, you should insist on there being a property settlement or equivalent agreement between your boyfriend and his spouse to insulate you from potential claims in their divorce.  It is more complex than can be covered here; you should consult with a qualified family law specialist.  You do not indicate if or why he has not already done such things with his existing spouse, but if he has not, that should be a huge red flag to you.... Read More