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Recent Custodial Parent questions

I am in the process of a divorce in California. My soon to

I am in the process of a divorce in California. My soon to be ex husband has been received social security disability benefits for the past 6 - 8 months prior to our divorce.JA: Has anything been filed in court yet?Customer: could our child still qualify for derivative benefits. Or is there a statue of limitation when benefits for a child must be filedJA: Have you talked to a lawyer yet?Customer: No I have not. I started the process on my owmJA: Anything else you think the lawyer should know?Customer: The only additional information is the second part of my message regarding statue of limitation to file for child benefits if the non custodial parent had been receiving benefits prior to the divorce.

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MIAMILAW1127

Partner

Juris Doctorate

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My divorce decree states that neither my exhusband or I are

My divorce decree states that neither my exhusband or I are to pay childsupport to the other. Our daughter is now entering her senior year in high school and is currently 17.5 years old. Recently her father has been trying to get me to accept a child support payment by sending me a check for $250 (which he says he will do each month) and notes in the memo that this check is for "child support". We have no legal agreement. Can he declare a childsupport payment even though we have no agreement. Our daughter lives with me and he sees her about 21 days out of the year. He stated that this will be all he will pay assuming I accept the check. Does the memo make this a legally binding acceptance of child support? What if I cash it and thank him for the gift since we have no legal agreement and this is the second time he has attempted to force his payment on me. Just so you know. Our arrangement now is 50-50 on medical by decree.. Historically we have shared all other expenses 50-50 for the extras (pom/dance, prom, school pics, homecoming, school trips, school expenses, etc). Ten months and counting to when she graduates from high school. We live in Arizona.

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Alex J. Esq.

Managing Attorney

Doctoral Degree

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My ex and I both love in Arkansas. We (I) have a daughter.

My ex and I both love in Arkansas. We (I) have a daughter. He is not the biological father but his name is ***** ***** birth certificate (his decision). He does not pay child support or help support her in any way other than seeing her every other weekend. He has decided he may want to get a lawyer because he says he doesn't see her enough. (Every other weekend, school holidays like MLK and Labor Day, spring break. Thanksgiving week coming home around lunch on Thanksgiving and from when she gets out of school until Christmas Eve or Christmas evening until the weekend before school starts and 4 weeks during summer.) From. Every where I have read, that seems pretty much what he would get normally being the non-custodial parent. He moved 2 hours away from where we are from, and gets upset that she has things she's doing here (extracurricular) and sometimes his weekends may get cut short or we swap because he doesn't "have the gas money to come down here." Or because we set her summer schedule and the doesn't look at it and be plans things when she's supposed to be with me and we've have plans for the last 4 months. Is there anything I can do? We don't have anything set through the courts.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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In the state of NC two unwed parents have a child together.

In the state of NC two unwed parents have a child together. If the father signs the birth certificate does this establish legal rights & custodial rights or is the mother considered the custodial parent?

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LawTalk

Attorney at Law

Juris Doctor

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31,494 satisfied customers
A parenting plan was drawn and finalized in divorce decree

A parenting plan was drawn and finalized in divorce decree with standard visitation (every other wkend/Wednesday, alternating holidays, etc). The custodial parent immediately moved 300 miles away, making the agreement untenable. The non-custodial parent constantly encounters difficulty in scheduling visitation and a complete refusal by the custodial parent to engage. The now teen children have refused all overnight visitation, every holiday visitation, and agree to an occasional afternoon with their father. Is it true, as the mother asserts, that she (and the children) 'have no responsibility in maintaining the relationship with the father - that he is solely responsible'? If so, what is the point of a parenting plan signed by both parties. How can a father maintain the relationship with no cooperation?

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JD 1992

Juris Doctor

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On a temp restraining order the judge signed by i had also

On a temp restraining order the judge signed by i had also requested another order to be able to relocate with a child to idaho, the judge wrote underneath " change of residence of minor to idaho is only after a noticed hearing" does that mean there will have to be a seperate court date set after the initial hearing for a dvr, or does that mean the judge will decide once the hearing is over along with ordering the dvr?

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Steven K.

Doctoral Degree

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3,034 satisfied customers
This has been an ongoing issue 3 years now. We made up this

This has been an ongoing issue for approximately 3 years now. We made up this mutual schedule in 2013 when my son started having problems in school and socially due to the inconsistency. It seemed to go well for approximately 2 years when he had a steady girlfriend but then that ended and he began to not follow the agreement or will send him other places during his time with our son. He now is working so much that our son stays with his aunt during every weekend he is to be there. His dad lives in a garage and does not have a place of his own. He is not involved in any aspect of his life when it comes to legal issues or school issues. He has resorted to to calling me human garbage, a horrible person and will continue to reap what i sow and deserve everything I get, also that I am filling my sons head with negative ideas about their relationship, etc.He does already currently have a child support and is named the father on the birth certificate but no legal document for custody, parenting time or visitation.It will not hurt me long term if I dont make him go to his dads then?

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LawTalk

Attorney at Law

Juris Doctor

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Looking as mother who had a child with a man and we were

Looking for advice as mother who had a child with a man and we were unmarried at the time of conception and birth living in Minnesota. We never went on to get married. We are not together at this point. There is a sign ROP but no other court ordered items at this time. My question is do I have to make my son go to his house if we have an "unofficial" agreement mutually between just the two of us if my son has expressed on several occasions not wanting to go? Any and all advice is appreciated.

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Asad Rahman

Attorney

J.D.

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Object Object] custody litigation, My ex Husband and I were

object Object] custody litigationJA: Thanks. Can you give me any more details about your issue?Customer: My ex Husband and I were really close to settlement at mediation but he has now gone backwards and is demanding all summer with my children. I have physical custody and have always been the primary caregiver. I don't feel like all summer is fair for anyone but him I recently moved two hours away for a better job opportunity and he is fighting me because of jfJA: OK got it. Last thing — Family Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Phillips Esq.

Attorney

Juris Doctor

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