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Recent family law questions

It's me again! When s lawyer starts to bring up the

Hi it's me again! When his lawyer starts to bring up the past, as in things already decided on though our divorce what's a thought provoking way to say it, like objection your honor the issues the plaintiff wishes to present to this court and have already been decided on by two judges, are not relevant to the issues before this court today? He'll bring up that a dated an abusive man three years ago but I kicked him out changed all my contact info, I am worried I'm general about having to explain the things that happened, that my kids did see. However as I said it was three years ago. It's hard to express to someone the why didn't you leave the first time etc.. So I guess what kind of objection so I present for already heard issues and past life issues that are now resolved?

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

 
642 satisfied customers
My ex-spouse refuses to provide any medical information

My ex-spouse refuses to provide any medical information (names of Doctors, insurance information, medical information, etc...) regarding our child. It is one of the several actions of attempted alienation between me and our child. My question is this - what information do I need to take to the medical facility where I know my child attends to request a copy of the medical records? (e.g. Birth Certificate, Divorce Decree that states joint custody with full access to all medical records, etc...) Or, what other advice do you have for me to obtain this information. Please do not suggest going back to court - I am out of funds and the court does not seem to take much interest in addressing acts of alienation.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

 
642 satisfied customers
I was divorced (from a lawyer) in 2002. In the divorce

I was divorced (from a lawyer) in 2002. In the divorce decree, there is a ruling that my ex has to pay half the value of his law practice (community property state). They decided his law practice was worth about $100,000 and so he owed me about $50,000. Since he couldn't afford to give me that money at that time, the divorce decree states that he should pay off the 2nd mortgage, which was $47,000, and if I sold the house, he could either pay me the balance OR keep paying with the same terms as the 2nd mortgage.So, far, he has been paying me according to those terms:$357/mo. which is at 8.25% until 2029.Now, that all our children are over 18, he has decided to stop paying me. His reasoning is that he paid for our son's college and now is going to pay for our daughter's college.(I had planned to pay for HER college, but this is a long story - basically she ran away from home, lived with her stepmother and has disowned me as a mother since I wouldn't let her go on her senior spring break with 4 guys and 2 girls and no adults.)I would like to have your input as to what my options are. I assume I would be going back to family court since our case hasn't closed yet and this is a divorce decree I would be asking the judge to enforce.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

 
642 satisfied customers
This is ... You have often helped me in the past and I

This is forCustomer.. Hello, You have often helped me in the past and I value your expertise. I have an upcoming court date of June 22 for custody. I have been through the process of private mediation and counseling for my son. In December, my teenage son started refusing to go to his father's house. His father accused me of "parent alienation" and filed and Ex'parte against me for full custody of our 2 kids and/or a minimum of 2 full months to allow for counseling and repair of the damage he alleged. The court ordered mediation (private mediation was requested by Dad) and counseling for our son, plus a return to court for final judgement. Six months after the initial filing, we have essentially completed the mediation process and I feel recommendations are more likely to be aligned with me, as Dad has presented as irrational throughout the process. The details of the case are that an allegation of inappropriate touching was made by our son against father's wife. Father sided with his wife, disbelieved and ostracized our son, and broke the initial safety plan put in place by the mediator in agreement with CPS. Father also later, based "on his lawyer's advise" resumed his 50% visitation with our daughter stating he would personally supervise all visitation with his wife, all of this against the mediator's recommendation. Today, in the next to last mediation meeting Father said that he declined to make agreements as he was directed by his lawyer to go for full custody of both children. This positioning and/or the disclosure of it seems radically unfounded, and legally unwise. The mediator asked Dad "how this made any sense for our son?" I am trying to get some general input on how my case might go 1) Any general feedback you can offer. 2) Parent Alienation seems to be the only card Dad has to play. The mediator has told him several times that she did not see evidence to support parent alienation. Should I be concerned about Dad's position on Parent Alienation? 3) Is it ever likely for the court to discard the mediator's report of recommendations? Is that something Dad's lawyer can fight for and if yes, when might that be warranted? Thank you.

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37,602 satisfied customers
My 12 year old stepson has started saying he hates s dad (my

My 12 year old stepson has started saying he hates his dad (my husband), and that he doesn't want to come stay for visitations any longer. My husband is devastated and we do not know what more we could have done to keep him interested. The mom doesn't work so our custody battles never got anywhere. My husband and I have never missed a child support payment, even while he was laid off for 1.5 years, and had to start his own business to make ends meet. It has been a real struggle. The mom is a nuisance every time we have visitation because she refuses to let him visit with us without texting the child non-stop and encouraging him to ask to come home. She has even sent the police to do wellness checks if we put the child's phone in a neutral place to avoid the disruption, making up stories and not trying to contact through dad's phone. Very long story that you probably wouldn't even believe, and she's gotten away with everything, including over 30 counts of contempt, like the time she disappeared for 3 months with the child because she moved, and wouldn't tell dad where she was or allow him to talk to or see the child. Anyway, we can't believe the child now acts like he hates us. My husband told him the other day when he refused to come that fine, if he wanted to tell a judge he didn't want to come anymore and the judge agrees then so be it. It stinks but he didn't know how much more he could take. We don't think we should try taking her to court for interference because taking her to court doesn't do any good and leaves us out thousands that we don't have. But if a judge awards full custody to the mother, then does the dad have to pay child support any longer? He pays 50% of medical bills (which are a lot because of the child's condition). He's hurt right now and his opinion is - if mom turned the child against him, then she doesn't need his money any longer. Cold, but honest.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

 
642 satisfied customers
My ex has filed motion to modify custody and support.

My ex has filed for a motion to modify custody and support. It was a brutal divorce lasting over two years and we had zero assets, it was only about the things he is trying to change again, custody and support. He is very abusive and manipulative, this is not a baseless claim there are police records, court documents, and even recordings of such. When I moved I allowed three of our children to live with him and did not make him pay me any support. Because I was relocating and this would interfer with school and disrupt their lives in general. He was awarded joint custody, so even though I have been subject to his abusive nature the courts still spilt it 50-50. So I let them go. Our two remaining children still live with me.Those children that moved, slowly started to hate me, chew me out on the phone about things they claim I did that absolutely did not do, and so on, two years later I haven't seen them. I begged and fought with the ex to allow us to speak or meet, and go to counsling and he has refused..UNTIL he filed his motion and in response I brought up this parental alienation and provided proof of such. NOW he has hired a therapist and made an appointment, with out discussing it with me and said to me show up this date if you really want to heal this relationship. I said sure, if you are willing to sign something saying this is about the healing of these relationships and WILL not be used in court as part of your evidence against me BECAUSE as I said I am going to have dispute many lies they have been told and such, and getting to the real truth will take time to undo. SO my question is, if he refuses to sign something saying so, and he has, does the therapist by law have to keep it private if I request so OR because he is paying her, can he say yes you can go to court and talk about all of it? What laws or OCGA specifically protect me in this situation if any?

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Olivia Kent

Managing Partner

Law

 
1,546 satisfied customers
Is there anything I can do , like court orders, to force my

Is there anything I can do , like court orders, to force my ex-wife to answer her phone or return text messages regarding making rearrangements for joint custody children to be picked up from school, brought to baseball games , arranging visiting schedules, etc? She thinks it's some big game to make life as difficult as possible by waiting to the last minute or not at all to arrange kids activities ... I know her cell phone is turned on and she exchanged messages with her other daughter all day long ... I'm very exasperated and feel like calling the police sometimes, she also feels like she can change the visitation schedule anything she wants by screaming in the middle of the street in front of the kids..

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Loren

Juris Doctor

 
34,728 satisfied customers
My 14 year old Step son, Ethan, wants to move in with me and

My 14 year old Step son, Ethan, wants to move in with me and his mom whom I'm married to and he and has been talking about it for almost a year now but knew he had to wait until he turned 14 beforehand. Currently Ethan lives with his dad, Troy, who has primary custody, step mom,15 year old sister and 18 year old brother. His sister doesn't want to move in with us at this time but Ethan is constantly asking but his dad uses threats, manipulation and tells his son we are unfit and it is a bad decision and we wouldn't be able to afford it. Ethan disagrees with his dad and still wants to move in.My wife and I only live 5 miles away from his dad in the same great school district, but different high schools, in a great neighborhood and we both have full time jobs in the security and medical fields and do not have drug or criminal records whatsoever. Ethan's dad and step mom make significantly more money than us, probably double or more, and Troy tries to use that against us basically saying life is better with him and we can't afford certain luxuries. On a last ditched effort to change Ethan's mind his dad told him he can stay with us for most of the summer to see if he really wants to live with us and will let Ethan make a decision next spring. This is not Ethan's decision and now would be a good time for Ethan to move in with us because he could start his first year of high school with all of his friends at our school and not have to start over in spring of next year. Also his dad told our step son and the other kids if Ethan tries to move in with us now he will fight it all the way and make it difficult but if Ethan waits until next year he won't fight it at all. He's a master manipulator and I feel like this is some kind of plot to stop Ethan from moving in with us or convince a judge since he's already half way in the school year he shouldn't move at all. This is not Ethan's desire and I would like to know what we should do and what our rights are please.Thank youGlenn Jackson

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Lucy, Esq.

Juris Doctor

 
29,202 satisfied customers
My child is 3. Her mother, my ex-girlfriend, is a dual USA/Brazil

My child is 3. Her mother, my ex-girlfriend, is a dual USA/Brazil citizen who moved from Los Angeles to Brazil, without my knowledge or permission, just a few weeks after telling me I was going to be a father. Upon moving to Brazil, she promised to come to the USA often to visit, and to incorporate me in my daughter's life. I immediately began paying child support, even before I ever took a paternity test. On my first fist to Brazil, I took a paternity test, and made plans for the mother and child to take a trip to USA so that I could see my daughter and introduce her to my family. I sent her money for the passports, visas, and offered to pay for her entire trip. Before finalizing plans, the mother asked me if I could financially help her move back to the USA, and if we could get back together. I told her that I would help her move back to the USA, but that I was not ready to re-enter a relationship yet. Ever since then, she has refused to come to the USA - despite having no job, no income, and despite my offer to pay for EVERYTHING. Now, despite me paying child support based on an agreement I made with her, she has filed for child support in Brazil, where she has falsely accused me of many things, where she has asked the judge to bypass due process and award her $1500 per month, and now she has told me that despite her promises, she will never take my child to the USA to visit, she will never teach my child english (despite being an English/Portuguese tutor), and that the only way I can ever see my daughter is if I pay child support, pay for a Private English speaking school in Brazil, and also afford to fly out to Brazil to visit. In addition, she has committed several acts of Parental Alienation, including withholding contact info, medical info, etc.I am wondering what my rights are? Will the USA honor Brazil's child support decision if she tried to come after me here in the USA? Will the USA make enforce child support despite everything she has done to keep my daughter away from me? I have no problem paying child support, which I have done since the beginning (on top of buying her a computer, offering to pay for all travel expenses to the USA, offering to sign a letter saying I will not try to prevent her from leaving the USA if she tries to visit). But I cannot support her if she refuses to let me see/interact with my child.Do I have any rights here? If Brazil awards her $1500 per month, I cannot afford to pay it, which means I will default on child support and may never be able to return to Brazil again, which essentially means that my life with my daughter is over. I have been to Brazil 4 times. My parents 4. Mother has been to USA 0. It is simply not affordable.Any advice you have would be greatly appreciated. I live in California. Thanks (in advance).

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Steven K.

Doctoral Degree

 
3,024 satisfied customers
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