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Recent Constructive Abandonment questions

My daughter is 14 and her Biological dad stopped paying

My daughter is 14 and her Biological dad stopped paying child support in 2014 he hasn't seen her in over 3 years and sporadically calls her. She has been in the hospital twice and for several years he has refused to talk to me about any medical or anything concerning Jada when we went to court a long time ago he told the judge he has a new little boy he has to support and he wasn't paying. My question is how do I file for a minors name change or abandonment? Which is better to do my daughter has been raised by my husband since she was 3 and she wants his name but I don't know how to serve him because he doesn't speak to me and won't let me have his address. I have the forms filled out to file for a name change but it is for the uncontested should I just fill it out and leave the other party blank and file it?

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FamilyAnswer

Juris Doctor

30,506 satisfied customers
My daughter has had 7 kids. The oldest (now 12) my husband

My daughter has had 7 kids. The oldest (now 12) my husband and I have had since a baby -another (now 7) we have also had since a baby. CPS took three of them 2 were adopted by friends of ours another was adopted, to we do not know who. She has a 2 yr old with her and a 4 month ol. When the youngest was 1 month old we went to TX to get the 2 yr old and the baby and they have been with us for the last 3 months. (We live in Colorado) Jayme still collected welfare for the kids -she is homeless - lives from friend to friend - her noyfriend is a meth head - she is a horrid mother and we want to fight for those kids! (she came and got them yesterday) DO WE HAVE GROUNDS? PLEASE HELP!

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Chris T., JD

Lawyer

Doctoral Degree

7,464 satisfied customers
I am married and own a house with my husband where we now live

I am married and own a house with my husband where we now live in port Chester NY. We are separating for a while to see how things go, no official divorce started yet. I would like to move into a rented house with my 13 yr old son and elderly mom and rent a portion of the house to pay mortgage. My husband is staying in another part of the house and will maintain the property. Is this considered abandonment in any way? Is there any possibility of me losing my share of the house if we end up officially splitting?

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LegalGems

Juris Doctorate

13,880 satisfied customers
is there any stipulation or caveat covering abandonment by

is there any stipulation or caveat covering abandonment by one party?...this party is the not native american and didn't remain the full year for marital citizenship....

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

46,548 satisfied customers
I am married to a person with anxiety and depression. I have

I am married to a person with anxiety and depression. I have told him over 6 months ago that i want out of our marriage. He has been unwilling to discuss ending of our marriage due to sick parents and other things. I want out of this loveless marriage. If i just leave, he could say i abandoned him. Is there a way to leave and not be charged with abandonment? After all, he knows i want out.

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S. Huband, Esq.

Attorney

Doctoral Degree

3,010 satisfied customers
lawyer didnt follow through with quitclaim marital residence

lawyer didn't follow through with quitclaim marital residence after stipulation entered on record that the wife would have sole title. The husband got the wife to sign quitclaim to him while the wife was mentally incompetent....Still mentally incompetent. Bad thing is divorce took place in 1998, attorney did not follow through with quitclaim. Husband five years later while still unmarried (divorce granted for constructive abandonment) acts like he is coming back to wife) and gets her to sign a quitclaim while she was unrepresented and didn't know what she was signing in 2005. I noticed as friend, she did not know that house belonged to him and wife. did not know if they were married. now its 16 years after fact.

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LawTalk

Attorney at Law

Juris Doctor

33,122 satisfied customers
I am the custodial parent of my 2 children ( 8yrs & 9yrs ).

I am the custodial parent of my 2 children ( 8yrs & 9yrs ). Their biological father ( and noncustodial parent ) has not been in contact with them since dec 2012. He has all the means of being able to call. He has not utilized his custody terms either for approx 2 years. Instead he would only show up around christmas and that was all. He continued to have child support withdrawn from paychecks through the attorney general ( as court ordered but it was only 1/2 of what should have been paid) until aug 6, 2013 but this was always spotty.There are times when he wouldnt pay for months over the course since we've been divorced. He currently owes 20,000 in child support and fails to hold insurance on the children as court ordered. My children consider their stepdad their dad and also wish to have their names changed over to their stepdad's last name ( we got married in Nov 2012 ). My current husband wishes to adopt my 2 children and my children want that as well. My question is what constitutes abandonment and is it within my ability to terminate the biological father's rights at this point.

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Ely

Counselor at Law

Juris Doctor

64,594 satisfied customers
wife wants trial separation and wants me to move out. what

wife wants trial separation and wants me to move out. what are the laws for abandonment in Fla.?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
Under duress, and on advice of counsel(who I later disagreed

Under duress, and on advice of counsel(who I later disagreed with) I signed an Agreed Order with one of the terms being: "3. Wife shall have exclusive use of the marital home located at xxxxxxxxxxxxxxx, Virginia." in exchange for dropping "family abuse" charges claimed by my wife.1. Since this is JD&R can I just appeal that when the court gives a final order(only temporary orders so far)2. Inform the Court now that I want to be in my home and I only agreed to this under duress so I want a hearing on the issue of whether I am properly prohibited from my home given there is no divorce filed and the home is 1/2 my marital property.3. Does the fact that it was agreed have any impact on divorce or an appeal to Circuit? For example, will it prevent me from asserting a fault based divorce on the basis of "Constructive Abandonment.?" Thanks.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
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