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.
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Question: My ex wife and I divorced in 2002 while we lived in Maryland. We have shared custody of our 2 children, so I was told I was not required to pay child support. I gave her money for the kids whenever she asked and saw my kids as much as I could. Then my wife disappeared with my children leaving me no information as to their whereabouts. Suddenly, at the end of last year she contacted me in a letter asking for child support. I checked my divorce papers and they don't have anything in there about child support. My understanding was that as long as our custody was still 50/50 I wouldn't have to pay child support. I have requested the transcript from the divorce proceedings. Would she need to modify the custody agreement first? Can she actually modify it when she was the one who moved my kids away from me?
Question: My question is how can I have the jurisdiction of my divorce case changed. Neither one of us live in the county where the divorce occured. It is a hardship for me to travel to the county courthouse where the divorce occured. Addtionally the judge who decided our case was completely biased. I have no confidence in this judge making any fair rulings regarding any actions involving my case. 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 Georgia. What you need to file is for a change of venue. Generally your case should be heard in the venue that is most convenient for the parties, i.e. where one or more party lives, where the children live and where the information necessary would be contained. Depending on your state law, the judge will most likely have the discretion to decide whether he will give up his venue and allow a transfer to another county.
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Posted by Dads Divorce in Visitation , remove , Property , Parenting , marital , jurisdiction , home , forcibly , FL , custody , Children , Ask A Lawyer
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Question: My wife of 13+ years has decided she wants a divorce. We have 2 kids together, a boy 10 and girl 11, who are the center of my universe. What I need some serious advice about is that she has made it clear that she expect me to move out. Is there anything she can legally do to force me to leave? I mean it's her idea to split up and I actually owned our house long before we got married even though her and my name is on it now. This question is not about retaining ownership of the property. It's about staying with my kids as long as I can. I'm just concerned she will force the issue if she can. Answer: I cannot answer your question specifically to the laws of Florida as I am not licensed to practice law in that State. Some jurisdictions have the ability to seek temporary orders to move a spouse out of the home. Usually those orders are due to violence or mental abuse that is damaging to the children. So long as she doesn't abuse the system (fabricate the truth), then it will be difficult for her to remove you. However, know that this is very specific to the individual judge as well as the state so I suggest you seek counsel as soon as possible.
Question: I want to file for divorce from Florida but my wife is in Oregon. I recently found out that my son might not be my son so that complicates things. Do I hire an attorney in Florida to do the divorce or do I have to go to Oregon to hire the attorney? Or do I do a paternity test first to make sure my son is mine to so I can hire an attorney from Florida? Answer: I cannot answer your question specifically to the laws of Florida or Oregon as I am not licensed to practice law in those States. Get the DNA test. In most jurisdictions if you agree he is your son now in the divorce process you can not later challenge it unless there is fraud. So protect yourself. As far as where to file, how long have they been in Oregon? If it is under 6 months then you may be able to file in Florida still as it is your child's home state. I suggest you seek counsel as you will need to file a Petition for Paternity, DNA testing and custody.
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