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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 >> temporary
Feb 24
2010

Ask a Divorce Lawyer topics for Feb. 24: Freezing assets; retirement payments; Claiming dependents; Joint custody; Ending temporary custody

Posted by Matt Allen in William Halaz III , temporary , taxes , retirement , joint physical custody , Jennifer Paine , Jason Bowman , dependent , custody , Cordell Cordell, PC , assets , Ask A Lawyer

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

  • Isn't a judge the only one with the power to mandate someone to freeze assets, not my ex's attorney?
  • My ex wife did not ask for or get part of my retirement at the time of our divorce. Can she still try and get a part of it now?
  • My girlfriend and I had a daughter in October. Who has the legal right to claim our daughter?
  • What are the differences between primary placement, joint legal and joint physical custody?
  • How do you end temporary custody?

 

Jan 11
2010

Ask a Divorce Lawyer: Can a third party have standing to interfere and stop a divorce?

Posted by Matt Allen in temporary , Legal Strategy , Erica Christian , divorce , custody , Cordell Cordell, PC , Ask A Lawyer

Question: Temporary custody of our three grandchildren was given to the kids’ aunt and uncle, who are blood relatives of the kids’ deceased mother rather than giving custody to the kids’ father. The case is still in appeals as our son (the kids’ father) wasn’t given due process.

 Now the aunt and uncle are getting a divorce and the aunt is giving custody of the kids to a non-blood relative of ours. Are we able to stop the aunt and uncle’s divorce (and thus the transfer of custody) until the my son’s appeal is heard completely? 

We’ve heard the term amicus curiae brief mentioned but haven't been able to find anything about opposing a divorce with this means.

 

Aug 06
2003

Ask a Lawyer: Wife is controlling visitation and tax filings

Posted by Dads Divorce in Visitation , Visitation , temporary , tax , refund , Parenting , motion , income , GA , custody , Ask A Lawyer

Question:

I moved away from my wife and children on 15 December 2005. We have a court date of 21 Mar 2006. I have been paying child support since I left and she is still denying me contact with my children. She says it's in the best interest of the children. Is this allowable? I haven't talked to my kids in almost 2.5 months. Also, my wife filed our taxes. She was suppose to let me see them before filing them. She filed them without my reviewing them and now she's keeping the money until the court date. Is that legal?

Answer:

I cannot answer your question specifically to the laws of Georgia as I am not licensed to practice law in that State. Hopefully you had a lawyer present with you at court because it sounds like you need one. You need to get temporary orders in place for custody and support. Also with respect to the issue of the tax refund, so long as it is divided between the two of you or used to pay marital bills, the court will be ok with her keeping it short term.
Oct 06
2001

Ask a Lawyer: Wife left and closed all joint accounts and took everything

Posted by Dads Divorce in temporary , savings , Rules , Procedures , pendente , motions , MO , lite , assets , Ask A Lawyer , account

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.
Nov 29
1999

Ask a Lawyer: Wife is suicidal

Posted by Dads Divorce in TX , temporary , suicide , mental , Legal Strategy , health , custody , Ask A Lawyer

Question:

Let me start out by saying I dont wan't to be divorced - my information is well documented on forum threads - yesterday my world came falling apart and I am in a bad place. Suffice it to say my wife called me at 1:00 and told me I needed to come home for the sake of the children -- I arrived home and she told me to take the girls somewhere so we could talk about our relationship - told me to take them to day care -- I agreed and left the house. I drove on my way to the day care but just felt that I should go back home - I turned around to go back and I got upstairs and she had cut both of her wrists - in earlier years she had taken about 20 tylenol pm with rampant thoughts of suicide and she then began to cut herself - arms and legs mostly - she has deep scars - I called 911 and they took her to the hospital - she refused to see me - called me all night telling me how much she hates me-- full of cursing and disdain - she is beligerent and violent - they transferred her to a mental unit and she is still there right now and the doctor is in the process of getting a court order to keep her there for evaluation against her will - she called me all night at least once an hour to tell me how much she hated me and despised me and I ruined her life and it was all my fault etc. and she told me to get her as much money as I possibly could and for me to file divorce first thing this morning. She says she has no rights or she would have already filed herself. She asked me to take money and her car up to the hospital and leave it there and she would leave all assets to me the three girls - the house etc - she just wanted as much money as I could come up with, -- as stated I dont want to be divorced - but I am more than concerned for the welfare of my children - if I am forced to file for divorce due to her request and to beat her to it since I am certain she will -- even though she is irrational in thought and behavior - I maintain the slightest hope that she will get the help she needs and become who she once was -- is that possible? Am I fooling myself ? should I file now and seek joint conservatorship with myself being designated as the one who has the last say regarding residency etc.?

Answer:

I think you should file as soon as possible and try for temporary orders that the children reside you until you can be sure she has returned to a normal mental state. Also if things get better and you want to reconcile, you can dismiss your case.
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