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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> VT
Jun 07, 2003

Question:

My husband shares legal and physical custody of his two minor children with his ex. Recently we had to submit a complaint and get a directed court order to allow us to take the children on vacation last month (The ex had agreed originally and then changed her mind after we bought all the tickets so we got a court order saying we could still go). In the complaint filed, it stated that my husband would pick up the children at a specific location (her house) at a specific time. In the court order summary it didn't specifically list the location, just the time and date for the pickup. The ex decided at the last minute that she did not want my husband to pick the children up at her house so she made unilateral alternate plans. When my husband showed up at her house at the designated time, she was not there. He called her and she said she would not bring the children there. He called the cops and they ended up having to exchange at the police barracks. Is she in contempt of the court order for this? She does this kind of thing constantly and we're tired of it.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Vermont. Because the Court Order was not specific as to the location, I do not think the court would find her in contempt. However, be sure to keep track of all of these circumstances so if you need to go back on a contempt on other issues you certainly include this incident.

Nov 29, 1999

Question:

Trying to be brief; My wife filed the papers on 2-21-08. Within the papers she said we had been separated since 11-19-07. Also within the papers she had listed all of our assets (inheritance unknown and not mentioned) On 2-15-08 my grandfather died. On 3-15-08 I learned my inheritance was $25,000, along with my son (age 7) who also inherited $25,000 In Vermont you have to wait 6 months until a final order is given. The temporary order has us 70/30 physical custody and 50/50 legal custody. My question is whether my 25k is considered marital property? I also want to ensure the 25k for my son stays intact until he is at least 18. With joint legal custody I feel confident that this will happen (I was also named trustee in the will) but I need some reassurance and any advice here as well.

Answer:

I am not licensed in Vermont, but generally any inheritance regardless of when it was received it is separate property, and she is not entitled to any of it. You need to request to have the right to take care of his account for him until he is 18.

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