Newsletter Sign Up

e-mail address:


Browse Popular Topics

Our 10 most popular categories each containing Ask a Lawyer answers, articles, and resources to help you.









 

 

 

 







 

 

 

 







 

 

 

 

Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> ME
Nov 07
2004

Ask a Lawyer: 12 year old child

Posted by Dads Divorce in Rules , Procedures , ME , Ask A Lawyer

Question:

My husband has sole custody of my 12 year old bonus child. She has lived with us since she was 2 years of age. Her biological mother has just re-entered the picture and my 12 year old wants nothing to do with her even after our attempts to send the two to therapy, supervised visits and now unsupervised visits. The question we have is at what age does a child have the right to tell the courts how they feel and the child being taken seriously?

Answer:

Allow me to preface my response that I am not licensed to practice in Maine. Some states allow a child to make decisions at age 12. However, that does not usually refer to is they go for visitations or not. Unless you can show that there is a risk to her to go (physically or emotionally), the Court will most likely require her to continue. Once she gets into high school, it can be very hard for the court to force her to continue to go to the visitations.
Nov 29
1999

Ask a Lawyer: Custody

Posted by Dads Divorce in Visitation , Parenting , ME , custody , Ask A Lawyer

Question:

I have a son but I was never married to his mother. My son
Nov 29
1999

Ask a Lawyer: Parental Abduction (Foreign/Hague Convention)

Posted by Dads Divorce in ME , Legal Strategy , Ask A Lawyer

Question:

Should one allow the other co-parent to travel abroad with the children after that other parent has once before abducted the children and a Hague Convention action has already been filed and resolved?

Answer:

I am not licensed in ME. That decision is obviously up to you. However, if it has been a problem before it is likely to be a problem again. What makes you think it will not happen again?
Nov 29
1999

Ask a Lawyer: Obtaining custody from irresponsible parent

Posted by Dads Divorce in ME , interest , Infidelity , Infidelity , diet , DHHS , custody , best , Ask A Lawyer , affair

Question:

I had an affair which resulted in a pregnancy. I want to know what the chances of me obtaining custody are in the state of Maine. She is an atrocious housekeeper who I have been tempted to call DHHS on multiple time due to the mess. She has also gone to work at nite and left her other kids (10, 8) at home by themselves for the evening. She spends all her free time in bed sleeping such that her other kids complain about it. Their diet is predominantly fast food. I have serious concerns about a child of mine being raised in this environment. Any suggestions?

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 Maine. It come down to what is in the best interests in your child. The care of the children is very important. That is one of the factors that the court will look at. Also how much time have you been spending with the child? Also have you been involved in the decision making? That is also key.
Nov 29
1999

Ask a Lawyer: FALSE ACCUSATIONS

Posted by Dads Divorce in strategy , ME , Legal Strategy , divorce , court , Ask A Lawyer

Question:

I went through a custody struggle 3 years ago, which lasted more than 2 years. I had worked from home, taken my son to the doctors, dentist, school, put him to bed, etc. for all his life. When my ex was done with me, she was really done and wanted me to have only limited visitation. She had falsely claimed abuse and that I never had a "real" relationship with my son. The woman, thankfully, saw through all this. And wrote a report saying we should have shared custody. My ex refused to accept this report. She wouldn't settle. She wanted to go to court and as she told me "get justice done." My question is layered. 1) Is it common for clients to "seek justice" and can justice be found? 2) My attorney [a woman] told me it's common for mothers to claim all types of falsehoods to gain an advantage. Is that true?

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 Maine. 1. I think you ex-wife wanted to have her day in court and to tell her story. That is something that is very common, when one party is not satisfied with the offer for settlement. 2. It is, unfortunately, common for parties to make up lies or exaggerate the events of their marriage for their advantage. People often make bad decisions when they are divorcing about how to behave and treat their spouse.