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| Can he do this? |
| Child Custody & Visitation |
My ex-husband and I have 50/50 physical placement and 50/50 custody. Last fall he un enrolled my son from school in my town to enroll him in school in his town 20 miles away without my consent? Is this legal?
He also enrolled our other son in the same school this year without talking to me about it and is enrolling him in daycare without my consent.
Is this legal? Neither of us have Educational custody.
It also states in our divorce that he needs to hold insurance for the boys and he hasn't in over a year. Can I bring him back to court for that? What can happen?
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| Legal Right to Remove Family Guests from Trust Property |
| Marriage, Domestic Partnerships and Other Family Law Matters |
| My sibings and I hold title to a family lake home which we allow our parents to use in the summers though our parents are NOT in title nor have they ever been in title. Parents are in their 80's and are claiming they have run out of money. Parents coerced other 2 siblings to ok sale of lake home and then contacted a real estate broker and signed a listing agent which we are having counsel block. CAN we have the parents banned from using this lake home even if our siblings allow them to stay? We fear that they will use any devious means necessary to try to sell the lake home and/or any personal property contained therein - even if the personal property is not theirs. We fear damage to the property and possible damage to our right as title holders. To complicate matters, parents behavior is very aggressive towards anyone who stays at the lake home and we believe dementia may be setting in.
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| debt responsibility |
| Divorce, Separation & Annulment |
My husband has left the house, opened new credit cards, new bank acct and has a history of running up credit cards in a big way. I have no way of knowing how much damage he is doing but suspect it is considerable.
We are not legally separated. Is there anything I can do to make myself not responsible for this?
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| Extracurricular Activities |
| Child Custody & Visitation |
So, since I got some really helpful answers on my last questions, I thought I'd post for advice on an issue I'm anticipating problems with.
History: All through last summer and into this spring (Jan/Feb sometime - it blends together right now) was in & out of court. I moved from 45 miles east of dad to 55 miles west of dad - gave about a year's notice & he took me to court to try to get custody & move the kids to his house instead. Things cited as reasons: moving would be bad for them, lack of extracurricular activities that we get them involved with at my residence. Kids live with me most of the year - he gets every other weekend & 1/2 of the summer along with shared holidays & most of their days off of school (breaks, etc). I am listed as primary caregiver. Also, the CO does not mention extracurriculars at all.
I have, over the length of time since the divorce, repeatedly tried to get them involved but was told (by dad via emails) that they could not be scheduled for any of his placement time. Last fall when I went to put my youngest into an extracurricular, dad again stated that it couldn't be on any of his time - so I arranged for child not to have to attend on dad's weekends. Then dad said that I needed his permission prior to enrolling him and he didn't want child in the sport due to asthma - get permission from dr. & then it will be ok. Got the permission from the doctor - still dad isn't happy & refuses to give permission.
My lawyer at the time said to enroll the child anyway - at the time I understood that to mean that I didn't need his permission. I followed her advice & later also put my eldest into a sport (although dad didn't want him in it & didn't take either of them during his time). I have since found from research here & elsewhere that I probably misunderstood & that I probably do need his permission - except in that particular instance? However, I'd like verification on that.
Current Situation: The kids haven't been involved in anything all summer long because dad doesn't involve them where he lives & based on his prior refusals to take them to anything where I live and the fact that the way the exchanges are placed, they wouldn't ever get to be in a game, I didn't enroll them. Fall is coming again where I would have most of the placement time - so they could participate, but now he is saying "I had better not" put them into anything without his approval, which he won't give unless it isn't at all scheduled for his time - which is impractical. I am really sick of the whole drama thing & am torn between wanting my kids to be involved in their activities & not wanting to continue the fight-fest. I also really don't want to just enroll them anyway & find out later that I shouldn't have.
Sorry I'm being a pain in the rear with what are probably stupid questions.
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| He's trying to take my child, please help. |
| Marriage, Domestic Partnerships and Other Family Law Matters |
In 2000 my live in boyfriend and I had a baby - while in the hospital he filled out the papers to establish paternity.
In 2003 we parted ways - it was a friendly split. We did not go to court for visitation or support as we had always agreed on these kinds of things so we didn't feel it was necessary.
In 2008 my british boyfriend proposed marriage and asked me to move to Britain to live with him. I did not accept the proposal right away -- I was not going to if it meant that I would have to leave my child behind. I spoke with my ex about it and he thought about it for a few weeks then finally said that yes, the child could go to live in Britain with me.
Since we had never gone to court for anything in the past we didn't feel it necessary now either as we were in agreement that the child could move overseas.
The British Government, however, did require proof that the father gave his permission. We wrote something up stating that permission was granted, and what the terms and conditions are (which basically outlined the communication and visitation they would have - which has been adhered to completely) and had it notarized with both of our signatures. We made 3 copies, 1 for the British Consulate, and 1 for each of us.
Now, 1 year after we made the move, the father has decided that he changed his mind and he no longer wants our child to live overseas. The child is with him now visiting for the summer but he is saying he will not send him home at the end of summer. The father says that there is nothing I can do about this as we never went through the court systems.
Is this true? What should I do next?
Any advice would be greatly appreciated.
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| visitation question |
| Child Custody & Visitation |
| My fiancee is having some issues with her ex husband and their visitation agreement. She currently resides in Texas, while the father lives in Wisconsin. The courts have granted him 4 quarterly visits (one per quarter). Well he has not come to visit his son the past 3 quarters and says that he still gets his 4 visits by years end. I'm no expert, but if he does not come visit, does he not forfit that quarters visit? The reason why he has not come is due to his financial situation. She have offered to pay half of his fare to TX, but still no visit. He is also under the impression that she must bring him (their son) to him (father) 2 of the four visits per year. Is this true? the visitation from the court states 4 quarterlies, and the parents are to spit the cost of travel (of the son). That is all it states. Please, any advice is appreciated.
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| Judge dismissed my case! |
| Child Custody & Visitation |
I will give a brief background before I ask my questions. October of 2007 I moved from Wisconsin to South Carolina. My then 10 year old son wanted to come with me as we are a very close father and son. We had a court date on January of 2008 in which I argued that my son is doing poorly in school (5th grade) with a 2.2 GPA, is in a Charter school with an advanced curriculum and is forced to take Spanish while he is getting D’s in math. Also, he wants to be with his dad for the school year and do summers with mom and expressed this to the GAL. Her attorney argued that you can’t move the boy to South Carolina where he has never been and does not know anyone there (made this the biggest issue). GAL said that you really do not want to move a boy with what they thought is ADHD into a new environment and that while the GAL knew that the boy wants to be with his dad, he wasn’t sure it was in his best interest. So, he has been with mom in Wisconsin during the school year and with me for the summers and school breaks with court orders requiring mom to have the boy evaluated for ADHD, for her to call me once a week when the boy is placed with her and to allow unlimited phone calls to either parent when the other has placement.
Now his grades have fallen off to a 1.2 GPA. He failed 6th grade math and will have to re-take it. His mom never had him evaluated for ADHD. She doesn’t call me to update me on my son’s progress even though I have faithfully called her every week when he is with me. She has been instructed by her attorney to limit his calls to me to one per day in violation of the court order. I did have him evaluated for ADHD and he does indeed suffer from this. He is now 12 ½ and continues to tell everyone that will listen to him that he wants to go to school here and spend summers with his mom. He has been here for 2 summers, 2 spring breaks and one Christmas. He has many friends here and loves to play golf with me. Based on this information, my Attorney filed a motion to change the placement schedule and her Attorney filed a motion to dismiss the case.
Well, in court yesterday, the judge ruled on her attorney’s motion to dismiss. She said that there hasn’t been a substantial change in circumstances from the January 2008 hearing to warrant a trial on my attorney’s motion and dismissed the case and is going to make me contribute to her legal fees. This is the same judge that issued the orders that my ex isn’t following. We even brought out the letter her attorney wrote instructing her to limit my son’s phone calls to me to one per day. What constitutes “a substantial change in circumstances”? This seemed like a no-brainer and now my son is devastated. He wanted to start 7th grade here. Would an appeal be warranted or do you all agree with the judge? She seemed to be basing her decision on the fact that the same "topics" have been heard in the January hearing so nothing is changed even though the circumstances regarding these "topics" are VERY different with his grades at a near failing level and his mom not following the court order along with the fact that he has been here many times and has several good friends here. (this was a big concern in January)What is the name of your state (only U.S. law)?
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| Usage |
| Marriage, Domestic Partnerships and Other Family Law Matters |
OK HERE GOES
I HAVE LIVED WITH A MAN FOR 14+ YEARS WE BOUGHT A HOUSE TOGETHER
WE ARE NOW PARTING WAYS
HE HAS NOW FORBIDDEN ME FROM USING THE WASHER,DRYER AND THE REFRIG..WHICH HE DID PURCHASE--THE REFRIG WAS THERE FROM THE OLD PEOPLE --HE BOUGHT IT FROM THEM--THE WASHER DRYER HE BOUGHT WHEN I SOLD MINE....WHICH THE MONEY WENT INTO THE HOUSEHOLD ACCOUNT
THE DRYER I HAVE FIXED AND PAID FOR MYSELF
SO DOES HE HAVE THE RIGHT NOW THAT WE ARE BREAKING UP TO FORBID ME FROM USING THESE ITEMS?
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| Alimony and disability?(also general information) |
| Alimony & Spousal Support |
Hello
I am posting here in an effort to gather information on my mother's behalf. We currently live in the state of Wisconsin. The backstory is that my father has had a history of losing jobs, being unable to manage finances and being verbally abusive. For the past 3 years I have been seeing a psychologist(a very reputable one who is also a forensic psychologist) for my depression and anxiety which are results of my father's issues. Anyway, we had family sessions and the psychologist was led to believe that my father has several different mental disorders. However when approached about it my father reacted with rage and refuses to acknowledge any wrong doing, refuses to see the psychologist again or take any sort of medicine.
Seven months ago my mother was diagnosed with stage three breast cancer. During the period my father has been terrible beyond belief to her. He has constantly yelled at her and berated her during her weakest moments. Its almost unbelievable to fathom, and I witnessed it myself. He is becoming more and more paranoid, aggressive and delusional. I thought that perhaps this info might be relative to legal matters?
My parents have been married for 21 years and during this time my mother didn't work. Especially during the last 6 years she has dealt with a lot of anxiety and related things. She even stopped driving for the past three years. She is currently undergoing chemo therapy treatments and had 8 lymph nodes removed and now has a condition related to lymph nodes that causes extreme swelling. I just looked up what condition it is [url=http://en.wikipedia.org/wiki/Lymphedema]Lymphedema - Wikipedia, the free encyclopedia[/url]
Now for my legal questions... With all that said would my mother be able to receive SSI disability in addition to her alimony? Also would her relatives be allowed to give her "gift" money, and if so is there a limit on that? This whole ordeal has been going on for years now, and the mental states it has induced has made getting to this point hard. ANY information that might be relative to this situation would be appreciated.
Thanks for reading all of this.
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| Joint Custody and Medical |
| Child Custody & Visitation |
Sorry in advance for the book...
I understand that both parties have the right to make major decisions regarding the children and that this includes non-emergency health care. My question is do I need my ex's permission before making any appointments on things that he's already agreed to? Additionally, if an appointment is moved by the dr.'s office & I forget to inform the ex, is he now off the hook bill-wise?
Specifically, my son has asthma & is allergic to many things. He has been seeing an allergist for 6+/- years. Most of the time, I inform my ex of the appointments that have been made. He has never attempted to attend one (he refuses to be in the same room with me unless absolutely necessary - i.e. court), preferring to make his own phone meetings with the doctor if he has questions. About 5 months ago, a standard 'check-up' appointment was moved from its original date by the doctor's office. I put it in my calendar & informed the father that it was moved, but forgot to tell him the new date - I honestly thought I had & just found out last night from reading through pages of old emails that the date wasn't specified. I attended the appointment & informed him about it at the time, including what all had been updated, etc. I sent him the bill as soon as I received it, and never heard back. Now that the bill is past due (I sent a reminder) he is stating that he isn't required to pay for it because I didn't tell him about the appointment before hand - even though I did tell him, I just forgot to include the blasted date.
This just sounds wrong to me .... our MSA states that non-emergency, non-routine care has to be approved 30 days before so that the other parent can get a second opinion or litigate... but it also states that we both have the right to make nonemergency health care decisions which he says I didn't allow by not giving him the specific date ahead of time.
I'm confused - help?What is the name of your state (only U.S. law)?
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| Wondering if there is anything needed to be done |
| Marriage, Domestic Partnerships and Other Family Law Matters |
Wisconsin
My father-in-law passed away back in January 2009, prior to that he had put his property in BOTH of his sons names.
However since the passing one brother that does not live on the property is the mother's executor, he is placing unreasonable demands upon us and saying if we do not follow through with his rules we must move.
Is this legal?
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| Husband threatens to quit job if I file.... |
| Divorce, Separation & Annulment |
| OK...the saga continues. I keep asking for a divorce. I want to keep my family home that my alcoholic/porn-addicted husband refuses to maintain in any way at all other than paying the bills. He says I cannot make it without him...but I WILL FIND A WAY. I want him out. He threatened that if he did leave, he'd quit his job and I'd never see a penny from him again. I said "fine. go." He hasn't. Kids are grown...marriage is almost 29 yrs long...he has a union pension that he is now eligible to receive if he retires(30 yrs), but is working a few more years to make the monthly bigger...I work PT and have a part-time pension that I won't be able to collect for about 15 more years....but it will be small. I make about half of what he does but I have excellent benefits and do not want to leave job for FT, so I could work a second job if I had to. I was a stayhome Mom for many years so I wasn't able to establish a FT career as we both felt it was important for me to be home with the children(hence the PT as well). Am I still entitled to 1/2 his pension even tho I have a future teeny one of my own? And how are those kinds of things awarded?? I KNOW he's not going to voluntarily hand over half his pension. He swears he isn't going to give me a cent. What am I entitled to from him? I know I could win an at-fault divorce filing. Any help would be appreciated. Thanks!What is the name of your state (only U.S. law)?
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| CS - Spousal earnings? |
| Child Support |
I have three children from a previous marriage and the oldest recently turned 18. My ex and I are in the process of reducing child support through the state. The other day I received paperwork to complete and the state is requiring my current spouse's gross income/investment information.
Why would my current spouses income have anything to do with my obligation to pay child support. I am afraid by submitting this information my obligation will increase.
Any information would be appreciated.What is the name of your state (only U.S. law)?
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| Reclaiming Property |
| Divorce, Separation & Annulment |
| I am recently divorced and my exhusband lives in Wisconsin. He got our Chevrolet Avalanche and I got a Scion XS and VW Jetta. The Avalanche has a loan in my name alone and the Jetta has a loan in his name. He is not paying the Avalanche. How can I get it back so my credit is not damaged?What is the name of your state (only U.S. law)?
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