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Tags >> petition
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Posted by Matt Allen in William Halaz III , Visitation , social security , school , petition , move , Modification , Legal Strategy , Jason Bowman , emancipation , Cordell Cordell, PC , Children , Child Support , birth certificate , Ask A Lawyer
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Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:
- My ex is withholding information I think I should have a legal right to such as our child's social security number and birth certificate. How can I get this information from her?
- My son lives in a different state from where our divorce was finalized and the age of emancipation is lower there. Which state's rules of emancipation apply?
- I was served with the petition for dissolution and my spouse's attorney added the children as petitioners. Is this common and what is the strategy behind it?
- Our kids are constantly tardy or absent from school when staying with their mother. What can I do?
- If we get a divorce and he moves out of the country, can I still get child support?
Question: I filed for divorce on 6-15-2005. In the complaint, it states in the summons: "To the Above Named Defendant: You are hereby summoned and required to file with the Clerk of said court and serve upon the Plaintiff's attorney, whose name is: (Name & Address of my attorney) an answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint" The relief I demanded was no-fault divorce, custody of our 2 minor children, and an equitable division of our marital assets. The deadline for my STBX to answer was 7-29-2005. My attorney heard nothing from her until 8-30-2005. He said she answered. I asked him whether that was allowed, he said yes because there are minor children involved and the court allows latitude because of the kids. I called the Civil Clerk, and someone in that office told me the same thing. It still doesn't sound legal. Is the court allowed to go back on its word like that? Answer: I am not presently licensed in the State of Georgia and therefore cannot answer you question specifically to the laws of that State. In my jurisdiction, you could have had a default hearing as early as July 30, 2005. However, if she moved to set aside the dissolution and custody order on August 30, 2005 in all likelihood the court would have set aside the divorce judgment and allowed her 20-30 days to file an answer.
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Posted by Dads Divorce in WA , Rules , relief , Procedures , petition , judgment , failure , default , decree , court , Ask A Lawyer , appearance
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Question: If a petitioned person lives in another state and does not have the means to return for the divorce trial, what will be the outcome? 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. Usually if the person has been served, then the Court will proceed in default against them, meaning the moving party can get all of the relief that they requested in the Petition.
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Posted by Dads Divorce in Separation , SC , problems , petition , multi-state , Legal Strategy , jurisdiction , filing , danger , custody , Ask A Lawyer
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Question: Wife left with my son 3.5 years ago (he will be four in March). I realize that I should have done something then but didn't. At first it was in hope of saving the marriage and later it became a matter of finances. I drive 400 miles every two weeks to spend one day and night with my son in a campground. She has made it clear that if I take my son out of her area that I will never see him again. I send child support every two weeks faithfully even though there has never been an order nor have I ever spent a holiday or birthday with my son. I hired a PI at the end of last year to try and discover a pattern in my son's life. I know that DCS has been involved but I do not know at what extent. My son lives more with his grandmother than he does his mother. The last few visits have been very difficult. There has been drastic changes in his behavior that I don't understand and am very concerned about. He seems terrified of something. I want to just bring him home and file proceedings here but I don't want to harm him in anyway. I don't know what to do. Is there anything that I can file with the courts or DCS while trying to obtain legal representation? Thank you 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. I am unsure where your wife lives. Does she live out of state? If so, for how long? These are the key questions. Under the UCCJA (federal jurisdiction statute), your son's whereabouts and for how long are the key to filing any action. It requires in general that the state where the minor child has resided for the past 6 months be his home state and hence where the action is filed. You definitely need to file to get yourself more meaningful time with your son. As soon as you determine what state is appropriate, I suggest you file for divorce and ask for a temporary custody order as soon as possible.
Question: How do I find out if my spouse filed a Petition for Dissolution of Marriage? Answer: I would suggest you call the Clerk of the Court in the county where you believe the petition was filed and ask them. If they will not tell you over the phone, then you can go to check the court file in person.
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