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Nov 29
1999
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Ask a Lawyer: custodial placementPosted by Dads Divorce in WV , Visitation , Parenting , custody , Ask A Lawyer |
Question:
What does this mean? "For purposes of all Federal and State laws, the mother will be primary custodial parent of these children." If she decides to relocate, can she take the kids with her - there is provision in the CO that states neither of us can without giving at least a MINIMUM of 90 days advance notice. We currently all reside in the same town - with all grandparents and relatives also living there or nearby. My ex wife has stated she wants to move up north to be closer to a boyfriend and with her company but her job now is close to home.
Answer:
I am not licensed in West Virginia. The provision that you quoted gives you
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Nov 29
1999
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Ask a Lawyer: Premarital PropertyPosted by Dads Divorce in WV , Legal Strategy , Ask A Lawyer |
Question:
I am thinking about getting married for a 2nd time to a woman that has been divorced twice. I have bought a house and am making mortgage payments on the house(It has not been a year since I bought the house). I own a few vehicles and other personal belongings. I lost my previous home and had to file bankruptcy in my divorce(1st marriage). The woman I am marrying has 3 children(which these children would be my stepchildren,(none are by me). I have two children of my own from my previous marriage whom I have to provide for. I am scared of getting married again and losing everything again. My question to you is: Would I lose everything if there would be this second divorce(I am really not hoping for that but I want to be cautious)? Would they have to be prenuptual agreements? Or is there just a common law for premarital property? Thanks Highly Appreciated Jeff
Answer:
I am not licensed in West Virginia. For that reason you should also consult an attorney in your state. Generally, the law makes no distinction between a first and second marriage when dividing assets in a divorce. There may be consideration given to property owned prior to marriage. However, I strongly recommend getting pre-marital agreement if you want to fully protect pre-marital assets.
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Nov 29
1999
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Ask a Lawyer: Paternity QuestionPosted by Dads Divorce in WA , Maintenance , Child Support , Ask A Lawyer |
Question:
I have doubt that the child I've been paying child support for is mine. I've been paying support for 3 years and we both never even went to court. Is it too late to get a paternity test? She also moved out of state to Alaska with no notification or forwarding address. What should I do?
Answer:
I am not licensed in Washington. Paternity laws will vary from state to state. If you are under a court order to pay support, it is most likely too late for a paternity test. It is next to impossible to overturn a court order of paternity. Consult an attorney in your state to determine if there are any circumstances under which you can overturn a determination of paternity.
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Nov 29
1999
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Ask a Lawyer: A Child's Choice?Posted by Dads Divorce in WA , Visitation , Parenting , custody , Ask A Lawyer |
Question:
At what age can a child have a say in which parent they choose to live with in the state of Washington?
Answer:
I am not licensed in Washington. Laws concerning custody will vary from state to state so also seek the advice of an attorney in your state. While most states will have an age at which more consideration is given to the child's wishes it is unlikely to be the only factor. Courts decide custody based on the child's best interest. Since minors can determine what is in their best interest, they cannot decide where to live. That does not mean that the court will not factor in their wishes especially if they are older. Consult an attorney in your state to determine how much weight is given to child's wishes in your state.
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Nov 29
1999
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Ask a Lawyer: Plea of hardshipPosted by Dads Divorce in WA , Rules , Procedures , Ask A Lawyer |
Question:
My wife of 34 years does not want the divorce, as a last ditch attempt she is claiming hardship after we have waited 8 months with mediation. I am willing to give her anything, but the judge at the mediation said it was one sided and she, my wife, needed to give more to the settlement, that I had to be able to live also.
Answer:
I am not licensed in Washington. I suggest you also consult an attorney in your state. I am unfamiliar with the process of a judge presiding over mediation. Did the judge make a final ruling? Generally, mediation will only settle at case if both parties agree. If mediation is unsuccessful then a hearing must be set. At the hearing the judge will make the final determination. Since no question was posed, I am assuming you want guidance on finalizing your divorce. My suggestion is setting the matter for final hearing.
