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: I received a letter today outlining a denial of visitation among some other requests from an attorney in NJ. Florida retains jurisdiction over my case and this attorney is not licensed in Florida nor has he entered an appearance with Florida regarding the case. Can this attorney be legally involved in my case? Should I discuss my case with this attorney or should I reject his letter? Do I have any recourse? Answer: I am not licensed in the State of Florida or New Jersey and therefore cannot answer you question specifically to the laws of those States. I do not see a problem with his actions to date. He has not practiced law in Florida and would likely pass the case to a local attorney if something is filed in court. He could attempt to appear pro hac vice in which he would request Florida to allow him to practice for this one case only. I cannot make a recommendation as to whether you should discuss this issue with the attorney or refuse to respond.
Question: My wife and I moved to Florida 5 months ago from New York which was her idea. Now things dont seem to be working out and we have talked about divorce. She is saying she is going to take the kids back to NY is there anyway I can stop her from taking the kids to NY?? Answer: I am not licensed in the State of Florida and therefore cannot answer your question specifically to the laws of that State. You need to check the residency requirements for Florida to file for divorce in that State. If it is less than five month, get a divorce and request for temporary custody on file. Have her served with the papers before moving back to New York and filing in that location.
Question: My boyfriend and I are having trouble with his wife, she has a restraining order against him and custody of their 4 year old daughter. She refuses to let him see his daughter unless he stays with her. They had a terrible marriage and she has taken the child and left the state once before. He is afraid to file for custody or even divorce for fear that she will disappear again and never let him see his daughter again. Do you have any advice for us? Answer: It is unclear from the facts presented how long your boyfriend and his wife have been separated. If he is still married your presence in the situation is not going to help in a custody dispute and could be harmful. The terms "my boyfriend", "his wife" and "custody" are not a good combination of phrases to begin a conversation. If he is interested in custody he needs to establish a custody time. Her denial of any custody or visitation will be viewed negatively with the court. However, if he delays too long in seeking relief from the court it opens up the argument that he has acquiesced to the arrangement. He needs to file for divorce, seek a temporary order if NJ allows such relief and begin seeing his daughter. If the mother then fails to follow a court ordered custody plan her actions should be used against her in court. Should the mother flee the State it would make it much easier for your boyfriend to get a full custody order and perhaps even only supervised visitation with mother. He needs to look at the long term, not at the short term problems. Finally, he needs to keep a custody journal or calendar recording his attempts to contact his child and any visitations that he does receive.
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Posted by Dads Divorce in testimony , support , out of state , multi-state , Modification , Maintenance , income , FL , deposition , Child Support , Ask A Lawyer
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Question: I reside in the State of Florida and the custodial parent lives in the state of Michigan. She filed a motion to increase my child support obligation in October of 2004 in the state of Michigan, due to my financial status. The court only gave me 10 days from the notice to appear and I was unable to attend. She was granted what she asked for. I have recently been in an accident and have been under doctors care for the past month and a half. I will not be able to return to work (doctors orders) for two more months and may require therapy. I have filed all the required documentaion for a motion to decrease my child support along with documentaion supporting the fact that I would not be able to attend a hearing in the State of Michigan. Once again, I received a hearing date. At that time, I sumbmitted the required paperwork to show what my income was, 2004 file tax return and the last two months worth of pay stubs. The hearing was held on July 28,2005 and per the return letter received from the referee, the custodial parent disagreed with the amount I was requesting to pay and noted that my finances were not adequate. I was given two options: to appear when I felt I was able to or have the case dismissed. I have responded to the letter I received indicating that I do not believe my child support obligation is in compliance with the State of Michigan's Child Support Formula and have requested the court modify my support obligation per the State of Michigan's Child Support Formula. Please let me know if there is a way to have my child support modified without having to attend a hearing in the state in which I no longer reside. I have explaind to them that I am currently not working nor does my financial status allow me to attend a hearing in another state. Answer: I cannot answer your question specifically to the laws of Michigan as I am not licensed in that State. I suggest that you retain an attorney to complete your case and represent you in court. In the court there is generally no way to have a modification without appearing in court. However, it maybe possible to have you deposition scheduled and recorded in Florida and then use that as your testimony in the Michigan Court.
Question: I have been separated from my wife for the past seven years and haven't lived in the same state either. I have lost contact with her and do not know if she still lives at the same address. How can I find out if she has filed for divorce during the last seven years? She was last living in New York but we were married in Florida. I am currently living in Florida but plan to move to Arizona in the next two months and would like to obtain a divorce if I am not already divorced. Answer: First I would do an Internet search for her and for any divorce decree. If you are unsuccessful try to contact her relatives or friends. Finally, you may need to retain a private investigator to search the public records on the possible prior divorce and her current residence. The cost for that is probably far less than you anticipate.
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