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| babysitting during visitation |
| Child Custody & Visitation |
| I live in NY and am the custodial parent of my 4 year old. The Father chooses his visitation nights differently each week. If he hires a babysitter for all of his visitation nights, am i responsible for that cost?
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| legal guardian |
| Marriage, Domestic Partnerships and Other Family Law Matters |
| My ex wife and I both have seperate wills, however I'm wondering is there some form of legal joint document we should do in the even that both of us were to die stateing who our sons guardian would be. Obviously if I were to die my ex would have custody and if she were to die I would have custody. We both agree who our son would go to in the event we both die, I just want to know if there's a special document that both our names should be on.
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| Education Payments |
| Child Support |
Greetings. I apologize if this is in the wrong forum, but I could not find a place on education payments.
My husbands ex has informed him that she cannot contribute her half of the college expenses as is required by their divorce agreement. My step daughter will be entering college this year. The Ex is currently going through some problems in her marriage that may result in a divorce. ( she has 3 young children from her second marriage) She does not have a job to speak of (except short part time hours and maybe some "off the books" income that is not provable). What is his recourse? I am afraid that if he tries to take her to court for payment that he might have to make his college payments and that the court might re-instate his child support payments and make him pay the entire cost of college. ( I have 3 of my own children who will eventually get a college education I hope!) The child support ends if the daughter goes away to school-which is what is happening.
I would agree that the ex could pay half of the cost of a local community college---and my husband and his daughter could work out the rest (she is taking a 5K loan to help pay for state school), which I still don't believe is fair, but that's fine.
I also noted in the divorce agreement that it states that either party fails to live up to their part that it could go back to court, and that the other party would potentially have to pay the lawyers fee---would we have a chance at that too? My husband keeps saying you "can't get blood from a stone". But I know lots of ex-husbands who have had to bleed when there was no blood left!!!
Last thing, the ex did not ensure that State financial aid forms were completed by the daughter---she felt it was time for her 17 year old to "grow up" and do her own forms. So basically, I feel we were left holding the bag for a college education that she knew she would have to be paying for but now claims she can't, nor did she contribute to making it easier on us when she didn't file State forms. (I also blame my husband for not seeing that it got done-but that's a different story, andnext year I will be on top of it)
Thank you in advance for any advice/assistance.
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| Adding father to Birth Certificate |
| Marriage, Domestic Partnerships and Other Family Law Matters |
What is the name of your state (only U.S. law)? NY state (not city)
I want to add my biological father to my birth certificate. I am 23, father is deceased but there was a paternity test done in 1986 proving that he was my father. Would I have to go through vital statistics to get his name on my birth certificate? What would I need to do this? Would I need a lawyer? Would be be expensive to do(ie any fees besides just getting a new b.c. and the paternity test results?) Any help would be great! 
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| New York Custody Question |
| Child Custody & Visitation |
We live in New York state. I have joint custody of my two children, ages 12 and 14. They live with their mom during the week and i get them on weekends
she has become very disinterested in the children, metally abusive and sometimes physically.
both children are telling me they want to come live with me. i believe they are old enough to stand in front of a judge and let him know where they wopuld like to live
as my daughter says, shes doesnt feel loved at her moms and they both are often left alone , unfed.
i have them for vacation coming up and was thinging of calling child protective services when i have them and hopefully try to have a temporary custody change to me while we then go back to court to decide my childrens living house.
does anyone have any useful ideas for me to help save my children from the terrible situation at their moms that has become their unfortunate lives?
thank you
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| Forged Divorce Papers |
| Divorce, Separation & Annulment |
| What is the name of your state (only U.S. law)? New York. I thought my first wife and I were divorced several years ago. I recently was in contact with her, and asked why I was never informed of the divorce, and she told me that her then boyfriend was supposed to serve me with the papers, and they filed papers that were supposed to be signed by me with the court. Obviously he forged my signature to all the papers. I was never served. Do I have any legal recourse ?? Am I still legally married to her ???What is the name of your state (only U.S. law)?
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| Husband holding my passport and my kids' passport |
| Divorce, Separation & Annulment |
What is the name of your state (only U.S. law)? I am a resident of NY, but have been living in Singapore for 10 months.
My husband and I have been having horrible marital problems for the past 5 years. The last year has been the worst. He abandoned me and the kids only weeks after arriving in Singapore. At the time my twins were only 1 year and my eldest 3 years. I have endured a lot by myself with 3 kids. He has his own place but comes and goes as he pleases. He continues to harass me every chance he gets and abuse me in many ways. I told him I was going back to the States because my physical and mental health have declined and I can't no longer tolerate being alone and without any emotional support. I told him I was going to get the emotional support I needed at this time from my mother. I also told him I would speak to landlord and tell him that in order not to lose our deposit and other fees that I would be willing to stay until he found a new tenant. I also spoke to my daughter's school and told them that I plan to move to the states but did not want to lose the $10,000 for her tuition. They said I would not lose all but a portion for withdrawal. My husband wrote to landlord told him he did not authorize me to break lease. Prohibited me from withdrawing daughter from school. Told me I could not leave until the end of 2010 and is now withholding my passport and that of my kids. I am in a country where women rights are minimal. What do I do? I know the US embassy will probably tell me I need the consent of the father to obtain passport for my babies. Please help me.
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| Paternity Petition |
| Child Custody & Visitation |
My ex girlfriend told me she is pregnant. She was seeing someone else for a little while after we were together. She is claiming I am the father. I have doubts if I am. I am not sure if she is going to get a paternity test, she has gone back and forth claiming she will or she won't. I want to make sure there is one so I know for sure if I am the father.
I was directed to this form by the family court:
[url]http://www.nycourts.gov/forms/familycourt/pdfs/5-1.pdf[/url]
My concern is that it might come off as an acknowledgement of paternity if I am not the father. What i really want is to make sure there is a paternity test as soon as possible. Would this be the right form to fill out? if I do fill it out, does it also mean i am acknowledging paternity?
thank you.
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| Interference with custudy / Aggrevated assuly |
| Domestic Violence & Abuse |
OK here is the deal I had a fight with my ex, I bit her defending my self when she was kicking me inmy groin. She lleft the house and lefyt the children with me. I took the kids after a couple of days and went to my sister's house in upstate new york.
She went to the police and filed a complaint that I bit her and took the kids away form her "even though she is the one who left the house with her own well leaving the kids with me". The state persude 2 chgarges against me : 1- interference with custudy. 2- Aggrevated Assult, though my ex decided not to persue further actions, and told them we are back together. My lawyer got me into this deal on getting probation for one year "this is my first crime in my whole life", and I wasn't aware of the assult charges being aggrevated one.
My question is: can I back off from this deal, as i really don't feel comfortable with the second charge, and it will ruin my professiional career. " not to mention that i really was defending my self"....if yes, how long would it take to settele this. Is it an alternative when the judge dismiss this after probation to change the charges from aggrevated to simple assult.
I will add one more question: after the probation is over, is it possible to retry the case and dismioss the previous charges?
Thank you fo ry oru help
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| Worried aobut visitation |
| Child Custody & Visitation |
I am the mother of a 13 month old daughter. Her father and I have recently separated and were never married. He is planning to go to a lawyer to get visitation squared away and then plans to move to Florida because his family owns a home there and he wouldn't have to pay rent. He is currently fileing bankruptsy and is unemployed. He plans to look for employment there and would like to take our daughter to visit his family in New York eventually.
He has made it very clear that he would love to have custody of our daughter but doesn't plan to fight me for her. I am very concerned that if he takes her out of state, I will never see her again. Is there any way I can keep him from taking out of state for visitation?
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| Going from defendant at pre trial to plantiff at trial |
| Child Support |
I had trial yesterday for a modification petition i filed last year. My case is ongoing since 1999. I have always sat at the defense table. I am supposed to be done w/support, so i challenged the amount SCU says i owe.
My question is did i get screwed by being put on the plaintiff's table when i have always been a defendant. ( I had a case based on defense rather offense.) Or were they well within the law doing this? I can't see how my rights weren't violated, but I'm no lawyer. (thats why i'm on here trying to get help)
Thanks for any help i can get.
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| Law Guardian Bias |
| Child Custody & Visitation |
I went through a divorce in which we settled a divorce decree in fall 2007. In spring 2008 My ex wife took me back to court family court to challenge visitation location. She claimed I made her lose her job and now she had no money to drive. Well when she signed she did not have a job and plus it was $9 hr job and when she was on the stand she said she quit. She then claimed i abused my children so an investigation was orderd, stating that there was a change of circumstance, in which a lengthy trial for most of the year. I won the trial in nov 2008. No change in circumstance no proof. few weeks later court for child support modification again judge denied no change in circumstance. now I am in apeals court for the visitation .
Since Feb 2007 up until present day, the law gaurdian for my case has not communicated with me. She was the main reason why I did not seek custody. There have been a lot of issues drinking cps called bad stuff i called the law gaurdian numerous times since 2007 no response. I only talked to her one time for ten minutes on the phone in which I had to ask if she was still there. she did not listen. Through out the trials and appeal case she is so bias against me. She stood up after my ex lied on the stand and then said she quit her job and still insisted that she belived there was a change in circumstance and it should change she also has filed a brief in the appealant case in which again sides against me. My ex has recived free attrny by the state and she has also said on the stand that she will keep taking me back to court. Please someone I want to seek residential custody of my two kids 9 and 6yrs old. they do not want to stay with their mom what can I do plz? Everyone says I have no chance I really need to get a new law gaurdian do I have enough to replace her what can I do plz two kids need me to do the right thing??
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| Mental state and modification of divorce decree... |
| Divorce, Separation & Annulment |
| Can the mental state of a person be taken into consideration later on when trying for a modification of the divorce decree? For example, suicidal, in a psych ward for five days and court ordered to receive mental health therapy for two years at the time of the divorce? And, if one was to represent oneself in court, what petition would be requested?
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| Testifying in my parents' support hearing? |
| Child Support |
| I am 22 years old and a full-time college student. My two brothers are 19 and 18, and have dropped out of college and high school respectively. They live with my mother and I'm staying with my father for the summer. My mother is serving my father with papers to try and get him to continue to pay support for my two brothers, and my name is mentioned in the paperwork. My mother says this is just a formality, but my father says that because my name has been brought up long after I was legally too old to receive support, now I may have to testify against my mother. The entire divorce, which was finalized in '92, has been extremely venomous and hateful, and most of the children's rights when going through a divorce have not been honored by one or both parties. Will I need to testify? What should my next course of action be? Is there anything I can do so that I don't have to deal with this?What is the name of your state (only U.S. law)?
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| Passed do |
| Child Support |
| What is the name of your state (only U.S. law)? NEW YORK, MY QUESTION IS THAT MY SISTERS HUSBAND MOVED TO SOUTH CAROLINA. HE HAS NOT PAID CHILD SUPPORT FOR SEVEAL MONTHS,CAN SHE HAVE HIM ARESTED AND SENT TO JAIL IN NEW YORK
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| ex moving military |
| Child Custody & Visitation |
Decree is in Florida...I am in the process of getting the order registerd in New York...I am living in new York now too...my ex moved here since her husband got stationed here (he is military)
They have been in New York for 3.5 years and i have been here for 6 months...I moved there to be closer to the kids.
Now she is saying that her husband is coming down on orders again and they will more than likely be moving by the end of the year.
In our Florida decree i agreed to relocation, and she has moved 2x due to her husbands military career. But now i am here and wanted to see what my chances would be to stop the kids from leaving in the New York courts.
If not the new York courts then I have read that Florida courts have new statutes as of 2008 about relocation. Our decree is from 2002...would those new statues override the fact that I gave her permission to relocate with the kids?
Like I said i am registering the order up here and trying to get it modified as my ex illegally gained an ex parte order order that orders me to supervised visits only.
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| Equitable Distribution from Divorce/Separation Papers? Property? |
| Divorce, Separation & Annulment |
New York
I have recently come across my mother's divorce and separation papers from her first marriage (my biological father). In Part D of Article VII "Equitable Distribution" of the separation papers, it says "The Husband hereby agrees that in consideration of the foregoing, upon the child's eighteenth birthday, the Husband shall transfer one half of his interest in the residence to the child. The child shall have no financial obligation with regard to the residence and the Husband shall continue to be responsible for all payments and debts associated with the residence." In Part E of the same article, it says "If the marital residence is sold after the above transfer to the child, the child shall be entitled to one half of the proceeds prior to payment of any mortgage or other debt associated with the property. If the residence is sold prior to the above transfer to the child, one-half of the net proceeds prior to payment of any mortgage or other debt associated with the property shall be places in a custodial account for the benefit of the child. The Husband shall not encumber the marital residence in any amount exceeding one-half the current reasonable net equity of the house. In the event the house is sold, any encumbrance placed on the house by the Husband will be paid out of his share of the net proceeds. The Husband shall not disinherit the child. The parties agree that in the event of the Husband's death, the residence shall be sold and net proceeds shall be placed in a trust account for the child to be held until she reaches the age of 25 years."
OK, so here's the deal. My biolofical father (AKA said Husband) isn't dead, and he still lives at the residence. I've received nothing from him since my eighteenth birthday, and I'm going to be 22 years old very shortly. I want to know if I'm still entitled to whatever the above text says I'm entitled to. I don't know what "one half of his interest in the residence" would even be, in terms of WHAT it is exactly, or dollar amount. I know that at the time of the separation papers, there was still $72,300 left to be paid on the mortgage. I'm just very confused about what I'm entitled to at this point, and in trying to start a life for myself, it would be nice to use all available resources.
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| Has Anyone Had Child Support Terminated When Children Terminated Relationship? |
| Child Support |
| There is a long history of parental alienation on the part of my ex-wife. She has been fined twice by the court for interferring with visitation and ignoring the terms of the agreement. For a period of 12 months the court issued me an order of protection against her becuase she had me falsely arrested while I was coaching my son's basketball game. I spent the night in jail. As you can imagine there are many other events that have occurred over the years. My children had visited me regularly up to about three years ago. I took them on many nice vacations but their mother constantly put them in the middle. I beleive they finally got worn down and needed to stop visiting because of the stress of being in the middle. I brought a petition to court to hold the mother in contempt for violating visitation. At that time my children were 12, 14, and 17 (the oldest was 19 and moved out at time). The court assigned a law guardian and family court psychologist. The children told them that i'm a great Dad but don't like the stepmother or stepbrother. My current wife agreed with me that i should seek visitation with the children by myself. I offered visitation and counseling on their terms. I gave them carte blanche. However they wanted it to occur i said i would comply. I agreed to visits and vacation only with me away from the house. They said they weren't interested. The judge said becuase of thier ages, 12, 14 and 17 there is nothing she can do. They are able to terminate their relationship with me. For the past three years i have called at least once a month and on special occassions (i.e. birthday, graduation, etc.) I send cards with money on special occassions. Most times i get the answer machine. when they answer the phone they say very hurtful things or hang up. They say i'm not their father but only a sperm donor. After three years of ignoring me they have clearly terminated their relationship with me. I have been paying child support all along without any issues. In New York i read that the children have a responsibility to maintain a relationship as well as the parent. At what age can child support stop due to the children terminating the realtionship? Has anyone had thier child support terminated for this reason? I love my children very much. I have a 21 year son who is in the Navy and has resumed our relationship after he moved out of his mother's house. He calls me regularly and sent me a father's day card saying thanks for supporting him and keeping him out of trouble.
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| Unpaid child support, Houston TX |
| Child Support |
| We have no visitation or child support arrangement in our divorce decree. Since wedivorced my child lives w/me, the father never came to see him at all. We agreed $ 350/mth child support. He owe over 8 Kbecause he paid $ 100/mth for 18 months. HoustonIn fact I spent over $ 1000/mth just for my son school & day care back in new york. Now, he wants full-custody over our child, I don't feel comfortable about it but I feel I owed to our child. So I moved here to. No job and rent aroom from him. Now the arrangement is I paid $ 450.mth rent. Split 50/50 in our child expenses. I take care of our child everyday because I am not working yet and he works reg. office hours salary range $25K-35K (I don't knowthe exact, he won't tell me). He look after him only thu/Fri/Sat from 5:30 pm -11:30 pm. He give me a hard time about paying the money he owed. Is this arrangement is fair in the court of law? What is my right?
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| Annuities |
| Marriage, Domestic Partnerships and Other Family Law Matters |
| My daughters father is getting a divorce and giving his wife $48,000 annuity and our daughter is 6 years old and is totally handicapped. I want to know what her rights are to her fathers annuities if any at all
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| child support |
| Child Support |
I live in NY
She lives in VA
Going to court in VA, been living there for 12 months
Do you have to establish custody first before you establish child support?
The EXgirlfriend and I made an agreement for custody but there was no discussion on child support.
Will the court approve the custody agreement and not bring up child support?
If child support does not come up and I help out with paying bills, is this supplement to child support?
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| Child Support Owe to me Houston, TX |
| Child Support |
Me & my ex was married in NY, he filed divorced in Las Vegas, NV, now he lives in Houston, TX.
As per our agreement which is not stated on divorce decree, he suppose to paid $ 350/month child support. He still owe me about $ 8K, he only paid $ 100/month for periode 01/2006-10/2008 with excuse he is attending school. I accomodating him, now he finished the school and working with assumably income range somewhere between 25K-35K. I was struggling but I managed because I have a job.
For his benefit, he gave me custody over my son from 02/2005 'till 06/2009 without even single visit. Now he wants custody over my son for the next few years and wants me to pay him the same amount of child support to him.
The problem is I am not comfortably just give my son to him, so I choose to stick around for sometimes. I relocated from NY to Houston, still looking for a job. I'm staying in his apartment but have to pay $ 450
/mth rent. He will not give any child support and will split 50/50 over my son expenses. I have no job/no money, I ask him to pay the money he owe me, but I got very hard time like a begger. Everyday for the past 2 weeks I'm in Houston I take care of my son while he is working, he care after him on Thur/Fri/Sat 6-9 PM while I'm working part-time with little money. No more lines credit and credit collectors calls every day, all occured from the expenses while he paid $ 100/mth. While I'm paying for school & day care about $ 1000/month.
I'm struggling and I don't feel this is right at least I was accomodating him when he needed but I didn't being treat the same way.
Please help, I don't know what to do and don't know how to start.
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| Parental Alienation? |
| Child Custody & Visitation |
I am the mother. Father has not had anything to do with child for 4 years. Child is 5 years old. Now he want visits so he gets visits but he is upset bc my son doesn't know him, doesn't want to stay his house, doesn't talk to his wife, doesn't talk to him. My son always cries because he wants to come home to me and my husband and calls out for us while he's in Father's house. When I go to pick him up, he is crying badly and runs to us and Father gets really really upset everytime.
Father tells me he's going to take me to court for parental alienation (is this a true thing?) and sue me and my husband for us turning son against him and his family. Can he do this? I would never do this, it's just Father has not been present and son doesn't know him or any of Father family. Can he sue me for this? Can this change anything? Can he sue my husband? He has money and can get a good lawyer but I can't. I need to know what I am up against if I am up against anything at all.
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| when does visitation end? |
| Child Custody & Visitation |
My ex and I divorced in NY. Our aggreement allowed her to move with our son to FL. She has since move to PA (without my permission)
My 17 (soon to be 18) year old son just completed HS. My ex informed me that I was to make visitation arrangements with him from this point on, and that they(her / her husband ) would not force him to visit with me. Our aggreement states I am to have at least 30 days with him in the summer. He visited with me for 1/2 that time, and decided that he would return home, and would not be coming back. This is not what he and I orginally agreed to. My son's step father told him once he is 16 he no longer has to visit with me if he does not want to.
Our aggreement states I'm obligated to pay CS until he is 21(or 22 if FT in school). But there are no guidelines for when visitation should end.
I will not force my son to visit in NY when he clearly feels he is missing out on friends/parties at his other home, but I do want to clarifiy how long is the CP obligated to ensure visitation occurs. I could understand her being free when my son is 18, but at 17 should she still be obligated to see that he visits as outlined in our aggreement?
Any advise....What is the name of your state (only U.S. law)?
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| Would child support be a resonable thing to request now? |
| Child Support |
I'm Dad. Daughter is 12. Mom was not in picture, does have visitation but never set anything up so daughter hasn't see Mom in ... 6 years.
Now, Mom is back and in addition to visitation 3 days a week has requested she be more "involved" in childs everyday life like school, camp, girl scouts, etc. I think it's great she's come around, my daughter wants to now of her Mom and other family especially now that she's older.
My question is, I never asked her for a penny in support. I do pretty well and married someone who luckily provides for the child as well. My daughter has gotten into an excellent middle school ... not free...and I'm wondering since she wants to be involved, can I ask her to pay some of the school costs, which are significantly higher than elementary school? Would that be fair or would it look as if I were trying to throw something at her since she's come back in to picture? I never asked for support bc she hadn't held down a job and was not able to support herself but now she is employed and seems to be financially stable.
Would I get chewed out in court for asking now?
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| Serving divorce papers from US to UK |
| Divorce, Separation & Annulment |
| I am a US citizen living in New York City (where I got married) and need to serve divorce papers to my wife who is an Irish citizen living in London. Do I need to have someone serve the papers to her personally or can I send the papers by registered mail or some other way?
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| child support |
| Child Support |
my son lives with his grand parents in virginia they have custody he will be 18 in Dec of 2009 when is the custody over and if he is not living with his mother
am I still responsible for child support
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| order of protection on my husband, can i file for divorce? |
| Domestic Violence & Abuse |
1-I have an order of protection on my husband (okay the third one) but he is an alcoholic and not only abuses me verbally, physically and mentally he also abuses my child (not his from a previous marriage)
2-I know the divorce will not be easy as it will be contested, he wants what is his and half of mine....I say since together from 1997 living and married from 2001 i believe he does not get half of mine and none of his..in ny being an equitable state, but all bills that were racked up since marriage do get split correct?
3-i have lots of proof also like saving home from foreclosure and i have also added things to this house, I do not want to have to just walk away....
if you have any advise, please help and especially if a divorce can be started when the order of protection has not been started...(two court dates, then moved to a Domestic Violence court only had first appearance today) He did brake order in first hour of being served.
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| Legal Guardianship Question |
| Child Custody & Visitation |
| I live in NYC and am a custodial step parent. My fiance and I met in 2003 and he was/is the custodial parent to a wonderful little girl who was 3 at the time. I immediately became a "mom" to her as she didn't have a woman in her life and became attached to me quickly. We are now engaged to be married and have been living together, along with 3 dogs, for 3 years. The child refers to me as mom and everyone in her academic and social circles sees me as such as well. Because of my fiance's hectic work schedule, the child and I often left to do everything on our own. I do school, after school activites, girl scouts, doctor/dental appts., playdates...etc. She refers to me as mom and I refer to her as my daughter. Her biological mother does have visitation; however, she has a severe mental disability and has not shown for visits in the past. The last time the child saw her biomom was about 3.5 years ago. Now that the child is older, the child has interests in travel and we've got middle school and sports tryouts where parents and guardians must be present...which would be me. I'm wondering if it's be a good idea to seek guardianship of the child? How is it done? The biomom makes it very clear she does not want me to adopt the child which was my first choice. Would guardianship be something biomom could contest? Or does dad, who's the custodial bioparent have the only say in the matter?
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| Social Security Numbers |
| Child Custody & Visitation |
| I am filing for custody of 2 children and am unable to obtain the social security numbers from the person who currently has custody as they are unwilling to give me this information. Do I need them to file and if so how would I go about getting them otherwise? I am not a parent of the children, but am a relative.
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| Not sure I'm the father |
| Child Support |
I live in New York state, near Ithaca.
I've been married to my wife for 12 years now, with no kids, and recently met someone who makes me happier than she ever did. However, when I told her that I want a divorce, she stunned me with the news that she's pregnant (about a month or so into the pregnancy). I travel a lot for work, and my doctor said years ago that I have a low sperm count, so I have some reason to doubt that I'm the father, although my wife insists I am.
Since I'm leaving her for someone else (yes, I cheated, but admittedly, so has she), I feel like I owe her some compensation for destroying our marriage, especially with the baby coming, regardless of whether it's mine or not.
I realize in utero paternity tests are invasive, and don't want to do anything to jeopardize the baby's health, but if I start paying child support now as part of the divorce agreement, will I be stuck paying until the child is "emancipated" due to the new "equitable paternity" issue? In other words, if I go ahead and start acting like the father now, and later find out that it isn't mine, will I still be obligated to pay until it comes of age? And also, if something should happen to my (soon to be ex-)wife, would I get custody of the child? (Her parents are both deceased.)
As for our financial situation, we've both been working and have separate IRAs, but recently my wife was laid off (which she claims has nothing to do with her getting pregnant). We'd both agreed about five years into our marriage, after several failed attempts to get pregnant, that parenting wasn't in the cards for us, so this pregnancy caught me completely by surprise. Also, since she's out of work and will probably not be able to find a job while pregnant, I do intend to pay spousal support, at least.
We hope to settle this out of court, and I'm looking into getting both of us some reputable lawyers, but I'm wondering if I should wait to start the divorce proceedings until the baby is born and can be tested safely. I've already moved out of the house and am currently living with the person I consider my true soulmate.
Any advice would be appreciated!
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| Ann |
| Alimony & Spousal Support |
| I have been married for 15years and am contimplating divorce. Is it possible to get allimony for a while to get financially back on my feet. I am a pharmacist but have not worked much in several years. My husbands income is around $400,000. This is my husbands second marriage we just got done paying for 3 childrens' support and schooling. I did not work because our tax liability on top of our financial resposibility to his ex-wife and children was too great. what are my prospects?What is the name of your state (only U.S. law)?
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| Modifying Divorce Agreement |
| Divorce, Separation & Annulment |
| My divorce agreement, approved by the court in 2005, before the economy sank, stated that I would give my ex a large sum of money ($400K plus 5% annual interest) in five years -- it was the difference between our primary home (which I got) and our mountain ski lodge (which he got). I had enough money in my retirement fund at the time to pay him outright....plus it was gaining 10-13% a year (I am over 55) Also I had just started selling real estate so I thought I would have substantial income. In addition we did discuss the option of my selling my house when I needed to pay him. Since then the economy has tanked, my stock portfolio has shrunk, my retirement fund is down 30%, my career never took off, and I have many lived off a home equity loan. I do not want to sell my home. Can I get this part of our divorce decree modified?What is the name of your state (only U.S. law)?
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| Will continue process w/o lawyer |
| Divorce, Separation & Annulment |
I was married in NY 19 years ago. 8 years ago me and the children moved to SC he was suppose to follow. (never did). Two year ago he convinced my son (he is now 19 yrs. old) to move to NY. My daughter (now 15 yrs old) live with me. I filed for divorce 2 year ago. But ran out of money. The divorce was never finalized. It is a non-contested divorce.
Questions:
Do I have to start the procedure all over again? I have all the paperwork and I plan to take to the clerk or is that a waste of time?
Being that we have not lived together in over 8 years, is it necessary to get a legal separation?What is the name of your state (only U.S. law)?
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| custody or no custody? |
| Child Custody & Visitation |
I am currently residing in the state of New York. About a month ago my boyfriend at the time and I found out that I was pregnant. When we found out he wanted me to get a paternity test to prove that it was his. We have been together for over a year and although I had never cheated, he had trust issues. Since he wanted a paternity test, I went to bed assuming that this meant we were both agreed upon keeping the child.
The next day though, he told me that I was going to get an abortion because there wasn't any other choice. I disagreed with this because I am 20 and in college and he is 22 (soon to be 23) and just recently graduated from West Point and is now an officer in the United States Army. I felt that we could very easily raise a child based on our lifestyle, at least compared to people who are in less fortunate circumstances. When I asked him why he talked about a paternity test if he didn't want the child his response was "I just wanted to know it was actually mine before you had the abortion."
When I told him I wanted to go to a Planned Parenthood center to talk to someone about our options he refused saying that we already knew them and there was only one that made sense and that there was nothing to talk about. After expressing that I wasn't sure what I wanted to do he told me that he hated having these discussions and believed that we should just call it quits. He has said this many times before and I always sucked up and asked for him to stay, but this time I just told him to leave then.
Let me start off the rest of the story by saying that I did not react correctly and should have stayed calm during this situation, but I did not. I tried to rush him out of the house and I called some of my friends to come over for support. Also when trying to take my phone away from him, I by accident scratched him leaving a pretty nasty cut.
He left and he refused to speak to me because of how I reacted. A few weeks later he started calling me to harass me and say that he didn't want me having his child because of the person that I am. He said that he was going to take me to court so that he could have full custody of the child because in his words "you do drugs and you have health issues". I smoked weed no more than a handful of times seven years ago and my only health issue is low blood pressure.
Does he have a chance at taking the baby away from me? I am only 2.5 months pregnant, when should I start talking to a lawyer? In the next year he will be at three different army bases, what kind of visitation rights will he have if he seeks them? When he's stationed in Germany for three years will he still be allowed to see the child?
I really need any type of information that I can get from everyone. I have absolutely no problem with him seeing the child whenever it is that he wants, but he is unstable (I'm almost positive that he is bipolar), and I want him to be either a consistent part of my child's life, or no part at all. Also, does anyone know anything about getting my child insured under his Tricare plan and what it would entail?
Sorry for how long this post is, I wanted to include all the background information. Thank you!What is the name of your state (only U.S. law)?
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| Visitation problems with father of 13 year old |
| Child Custody & Visitation |
The State is New York
I am the stepdad of the 13 year old boy.He lives with his Mother and me along with 4 half brothers (mine and his Moms). Recently we have had problems with my stepsons father. Father erratically has excersized his visitation rights that consist of ( during school year ) every other weekend and 2 nights after school til 7 PM. During the summer--- every other weekend, 2 weekday overnights on his weekend ---and 3 weekday overnights on his Mothers weekend. ( all weekday visits are suppose to be on mutually agreed upon days )His father has had a history that we have recorded of several "no show no calls" during his schoolyear visits. Now that it is summer he is getting his son on his alloted days EXCEPT he works most of the days he gets him. He litterally spends no time with his father he mostly spends it with his Father's ex-wife and half brothers from that marriage. Also he is spending it with his Granpa's ex girlfriend which he has never really had any sort of relationship with. When confronting the Father about this he states " I aint getting screwed out of my visitation". Which baffles me because he is not visiting him anyway! My stepson is at the age and point where he feels he should not have to go with his father if hes just going to be with someone else anyway he would rather stay at his home ! I have made it clear to him that If his father is actually going to spend time with him he has no choice but to go with his Dad. Otherwise I tell him he has a choice. Is this True?? Legal??
He has mentally been let down by his Dad and now calls his Dad a joke and I agree although I do not run him in the ground in front of my stepson. We are at a loss of what to do his Father is not making the right choices for his sons best interest's and because of that we stood up to him and did not allow him to go with his father when it was pre established he was going to be at his Fathers ex wife's house. Now my wife has a court date for violation of a court order. We are stressed Does it sound like we are un reasonable or petty or does it seem like we are just putting his thoughts and feelings at the forefront of the matter. Do we have a case for modification of visitation to only be on days he ACTUALLY spends with his Dad?? I know Long post but I had to explain it properly!!!What is the name of your state (only U.S. law)?
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| question from grandparent with sole physical and legal custody |
| Child Custody & Visitation |
| I was granted sole legal and physical custody of my grandson when he was two. He is now eight. Both parents willingly relinquished custody by not contesting and in fact signing a failure to show just cause. His father has had no contact and his mother's contact is intermittent. Nether pay child support and neither has expressed desire to regain custody. My question is two-fold. First, what are the chances that either could regain custody, if everything on my end remains the same? Second, if something happens to me, how do I make certain that neither biological parent get custody? Do I have the right to name a person to have custody if I should die? I would like custody to be with my daughter, my grandson's aunt and her husband because of their stability. My other daughter, his biological mother, has a history of substance abuse, mental health issues, and financial instability, Thanks for any advice.
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| legal to lock out |
| Divorce, Separation & Annulment |
I have recently left my husband and left the house, our chlidren are with me.
My husband recently locked me out of our home and will not let me in. all of our belongings are still in the home and the only reason that we left is because of his drinking problem and the children were continusly asking me if could leave because they are so uncomfortable aroung him. does he have the right to lock me out of our home that we share together and that we are both on the mortgage of the house?
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