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 >> consent
Question: I recently built a new home with my ex-wife to be and we currently owe $155,000.00 or less. The home was appraised for over $250,000.00 six months ago. All furniture and appliances are paid for and still in mint condition. My question is if I allow her to keep everything but my clothes and my vehicle(she has a vehicle also) after committing adultery will still likely be responsible for spousal support and the same amount of child support? Also we signed papers agreeing to 7 & 7 custody on my first week I was stopped by local authorities and my vehicle was searched and towed due to no proof of insurance. I was not charged with anything, however; she has supposedly had custody changed so that i only get supervised visitation. She and her mother are attempting to convince local authorities that I am a drug dealer and they (my previous in-laws) make over one million dollars a year so they are listened to. I am not worried about getting into any trouble because the are false accusations, but I am concerned about her changing custody agreement. I know she is working for her mother and I am sure that they will try to say she makes very little money. Any suggestions? I was trying not to fight about anything and just use one lawyer but I am getting the bad end of the deal. Is adultery worth me attempting to prove? Should I just accept I have no chance of coming out with my clothes? 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 Louisiana. It sounds like you need to get a lawyer. Nothing should be changed in an agreed Order without your consent. Some states find adultery is grounds to get more property or to argue against spousal support.
|
|
Posted by Dads Divorce in Visitation , primary , Parenting , motion , Modification , MO , judgment , custody , custody , consent , Ask A Lawyer
|
Question: I have a 17 year old daughter that I want to have the legal claim of custodial parent. My ex is willing to sign over this right. The state dept that we spoke with said we need to have an attorney to get this done. Can you tell me what needs to be done and suggest an attorney? Answer: If the matter is by consent you need to file a Motion to Modify (along with a proposed parenting plan, financial statements and a filing fee check) in the Court that entered the divorce or paternity judgment. The Motion needs to be served upon the mother or she needs to file a waiver of service. After thirty days following service/waiver you can submit a proposed judgment to the court. Some judges will allow you to file the judgment with an affidavit from both parties so no court appearance is necessary. If you are not allowed to submit by affidavit a short court appearance is required. It may also be necessary for both parents to complete a parent education class. Please feel free to contact Cordell and Cordell P.C. at 1-866-DADS-LAW for a consultation.
Question: My wife left state two days ago with our child with no notice. She's going to Chicago to live in a two-bedroom house with six people total living there. Is this legal? 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 Washington. In general, a parent can not move a child out of state without the knowledge or consent of the other party. I suggest you contact an attorney as soon as possible. Good luck.
Question: We got remarried in June 2005, but she was not ready and lives too many lies. She was also divorced in Georgia this year. She has previously taken our daughter from GA to MS against a Court Order before our 1995 divorce. If she flees again, can she get an annulment without my consent or knowledge? How do I get my daughter back to our stable home and her high school? She wants to be with her Mom; I have had her only the past 2 years. 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 Utah or Georgia or Mississippi. She can not get any Court Order like an annulment without you being served, assuming she knows where you are. As far as your daughter goes, being that she is in high school, it will be hard to keep her with you if she wants to live with Mom. Presuming she has good reasons, the Court will most likely honor her wishes.
|
