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 >> motions
It is a Motion for Clarification of the Parenting Responsibilities and Parenting Time. I have to do this on my own, but don’t know where to find the previous draft.
Question: I am not married but have been in a serious relationship for 3 years. We have a 17 month old daughter. My girlfriend has had a another relationship for the last 6 months she has been with me. She is now trying to be with me once again. All I am interested in is making sure she cannot bring our daughter into something like this again, which she had brought our daughter into these relationships before, and even used her to get the attention of these other guys. I got her to agree to Voluntary Termination of her parental rights. How do I go about taking care of this? I want to jump on the ball before she changes her mind. With this I can still give our family another chance but not have to worry about her making the same decisions and taking out daughter away from me in the process. 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. At this point, you are not the legal father under any Court Order, based upon the information you have provided. With that assumption, I would say that you need to file for Paternity and Custody. Within that action ask that her rights be terminated. Each jurisdiction has very different rules regarding how to terminate parental rights, so I suggest you speak to an attorney immediately.
Question: My wife left about a month ago and cleaned out all of our joint accounts. I was a widowed man with 2 boys ages 13 and 10 before I married her a year ago. My kids are mine, no adoption was ever done. She left a marriage to come to me and cleaned up in that marriage. She has her own seperate pre-marital money of over $300,000 in her name and I never asked to comingle that. However, what she did do was clean out 2 joint CD accounts totalling about 120k and our joint checking account of nearly 10k. One of the CDs was my children's college funds of $45,000 that had been saved from the their deceased mother's SSA survivor benefits. I'm at a loss here as to what I can get back. I have filed for divorce. She came back for a week at Christmas and then left after New Year's Day. What can I do? Answer: I suggest you file a PDL (temporary) Motion to prevent any assets from being spent, acquired, etc. Do so as soon as possible to protect those assets that exist. Also get together all of the documentation showing what has been taken from the banks, etc.
Question: I am fighting a dilemna regarding a request to increase child support. My child's mother just resigned from her position at work. She has a stressful job and does not really feel like jumping back into a position just because... She was carrying our child on her insurance, but asked that I take over while she is out of work. I am self-employed so it was cheaper for her than it would be for me. I have since added him to my insurance which costs me an extra $400.00 a month. She has asked that I cover her mortgage each month until she gets a job. She has always been a hard worker and I am not worried about her employment. Can she take me to court if I do not agree to help her out? 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 South Carolina. You are divorced from her or are not married to her correct? Then no she can not take you to court for her mortgage. As far as the child support, she can request that the Court order you cover support, but in general your child support obligation will decrease because it is such a huge commitment for you, assuming your income is the same and she can not prove a valid reason for her decrease in income.
Question: I have watched as the court is allowing evidence in a case. This evidence is 18 years old and the marriage was only 8 years old. How the ex obtained this evidence is not being allowed to be contested in court. Not to mention how old the information is. Please tell me how your law firm thinks about this kind of disclosure in our law system. How would you try and resolve this situation. I want to know if your law firm would even try to come up with a way to block it. Answer: It really depends upon what the evidence and situation. I really do not see how 18 year old evidence would be relevant in most circumstances. I had something like this come up some years past and file a Motion in Lemine which is a pre-trial motion that sets rules for the trial. In that Motion, the Wife wanted to bring forth some testimony concerning the father from 15 years past when he was 14 years old. I filed and won the motion and the opposing party was prevented from offering evidence or testimony about the issue. If the matter is already at trial, the attorney should object. If extremely important, the attorney could ask for the proceedings to be halted while he files a Writ with the Court of Appeals. If the information was allowed over objection and a Writ was not filed you could appeal the issue if the judgment is less than 40 days old. |
|
Welcome To DadsDivorce.com. Our divorce articles provide you with timely information you can use. Join our online divorce forum and discuss your divorce situation in real time with men who know the ropes. Ask A Lawyer offers you a chance to submit divorce questions to the attorneys of Cordell & Cordell, P.C., a family law firm focusing on men and divorce. Thousands of men look to us to provide State Divorce and Custody Information and child support calculators that are particular to divorce in their state.
Our divorce videos feature discussions with attorneys, father's rights experts, authors and lawmakers who are concerned with the rights of fathers in America. Subscribe to our divorce podcast and have our stimulating conversations automatically available to your mp3 player or ipod. Visit our store for divorce books, software, and other items to round out your understanding of this challenging time. We know that you'll find everything you need to effectively fight for your rights and the rights of your children. We wish you all the best and hope to accompany you as a trusted companion and advisor throughout the divorce process.
© Copyright 2010 All Rights Reserved DadsDivorce.Com
|
|||||||||||||
Question: I would like to know if I might be able to obtain a draft of a previous Motion for Clarification (so that I can get an idea of the correct terminology) to draft one of my own in a proactive step to avoid any interruption with regard to my children's parenting schedule? 
