How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask AlexiaEsq. Your Own Question

AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11716
Experience:  19+ Years of Legal Practice in Family law matters.
10805288
Type Your Family Law Question Here...
AlexiaEsq. is online now
A new question is answered every 9 seconds

I have custody of my children.My ex and I have a previous

Resolved Question:

I have custody of my children.My ex and I have a previous court order that allowed me to move them permanently to the state of Texas due to my spouse being in the Army..I have been in Illinois for a few weeks staying with family after a recent tragedy, my spouse is serving in Iraq.And now after I have allowed the father visitation he wants to take me to court and amend the previous order and change their last name and demand all this other stuff.What should I do ?
Submitted: 5 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 5 years ago.

 

DearCustomer

 

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

 

First, I am very sorry that you have suffered a tragedy in your family. You have my sympathies.

 

With regard to question: Your facts are scarce, but of course, if you are not amenable to what he wants, you must oppose any Motion he cares to make. I assume he has not made the Motion, but is only threatening? If you live in Texas, he may have to file in your TX county, which will have jurisdiction if you have lived there more than 6 months, which may sway him to not bother.

 

I am a bit confused on your statement that you "allowed the father visitation." Since you have a custody order, was there not a visitation order there as well? (I say this because generally the father would have the right to visitation with his children.) Also, what is going on with the children's names? Was it his last name at one time and did you change it to something else? Or was it never his last name?

 

In any event, you need to make sure that if you two can't agree on the changes he wants, and if he files a Motion seeking these changes, that you OPPOSE the motion. You have to make sure to read the papers you are served with and file a written Answer opposing, to better ensure that he does not win by default.

 

 

 

------------------

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. If so, please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for same from the company. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Thanks!

 

Sincerely,

 

Stephanie Joy

 

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear.

Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. The only method of gaining an attorney/client relationship with me is via a retainer and fee agreement at my standard billable hour rate of $275.00, which is not offered via this site. I am providing only research, resources, opinion and information for you to be informed and educated about your particular needs and my answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up if needed. I do not provide general or specific legal advice on this site. I also do not claim to be licensed to practice in the state where this information is being provided or state whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11716
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
The children have my maiden last name since birth and is also behind in rearage for child support and is demanding he claim them for taxes every other year as he has been in and out of thier lives since my second child was born.But I thank you for your advice and I would recommend .
Expert:  AlexiaEsq. replied 5 years ago.

Are you saying that one of his demands that he wants is to claim them on his tax return rather than YOU claiming them? I think you will have better chances of winning that one, particularly since he isn't even paying his support, how can he expect to write them off? lol, he is overly demanding, isn't he? I don't see you having a big problem here, a judge WON'T be happy with him. AND, make sure that if he does file a motion, that you Answer and include in that answer a Cross Motion to enforce child support and/or seeking incarceration for contempt of the child support. Let him know that if you have to take the time to go to court, you will have no choice but to have the courts enforce the CS order that he has been violating. I can not see him pushing that envelope (although some guys just aren't so bright, I know :)

 

Good luck!

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11716
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney