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Recent Parental Responsibility questions

I have a question on divorce, florida, yes but i have not

helloJA: Hi. How can we be of help?Customer: i have a question on divorceJA: Because family law varies from place to place, can you tell me what state this is in?Customer: floridaJA: Has anything been filed or reported?Customer: yes but i have not been served yetJA: Anything else you want the lawyer to know before I connect you?Customer: yes they sent the documents thrpugh mail not process server

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Ely

Counselor at Law

Juris Doctor

69,230 satisfied customers
My husband decided yesterday that he doesn't want to be

My husband decided yesterday that he doesn't want to be married anymore. We have a one year old and a three year old..can I move to California with kids now? We currently live in Florida but I hate it here and want to return home. He throws up in my face that I can't leave because he wants joint custody. Is this true?

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RobertJDFL

Attorney

Juris Doctorate

14,658 satisfied customers
How do i strip my exhusband of parental rights for our

how do i strip my exhusband of parental rights for our childrenJA: Because family law varies from place to place, can you tell me what state this is in?Customer: MinnesotaJA: Has anything been filed or reported?Customer: I have a restraining order against him (it protects me and our children from him for 2 years). I have full physical custody and I go in 2 weeks to get sole legal custody as well because he abandoned the children 14 months ago, he has not seen them or contacted them since 3/11/16. I dont have his address, place of work or phone number for himJA: Anything else you want the lawyer to know before I connect you?Customer: I dont know if this is important but he is being investigated by the police. He is a drug addict and dealer. He has no charges but the cops are trying to find him

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FamilyAnswer

Juris Doctor

36,102 satisfied customers
The mother of my child wants me to sign over my rights and

The mother of my child wants me to sign over my rights and does not want any money from me is this even possibleJA: Because family law varies from place to place, can you tell me what state this is in?Customer: Washington stateJA: Has anything been filed or reported?Customer: No I've just been giving her a check every two weeksJA: Anything else you want the lawyer to know before I connect you?Customer: But we started having problems

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

2,392 satisfied customers
My husband and I are currently seperated and looking at

My husband and I are currently seperated and looking at getting divorced. We currently reside in WA state. We have two children ages 13 and 11, my oldest however is not his, nor has he ever adopted him. I would eventually perhaps by the end of summer would like to move to SC with my children, that is where my family is and will definetly need the support. Here in WA I would have no one.My biggest concerns are will I be able to leave the state with my children without having a huge battle?I am currently staying at a friends house with my children because staying in the house was unbearable. If I were to move back into the home and my husband move out, is there a way i could either file for bankruptcy in order to keep making payments on my house? I just don't know how i will be able to afford it by myself.We also have a truck that is in both of our names, he refuses to have anything to do with it, can I make him pay half of the monthly payment?if I were to get child support, would he pay for both children or just the one? also on average what is the monthly amount?

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LegalGems

Juris Doctorate

18,150 satisfied customers
My husband and I have been separated four years just not

My husband and I have been separated four years just not legally divorced. I had a child with my boyfriend whom I have lived with the last three years. Boyfriend recently moved out and is taking me to court. Can I get in trouble or have my child taken away from me since I was not legally divorced from my husband? I'm so scared as to what will happen when we go to court.

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RobertJDFL

Attorney

Juris Doctorate

14,658 satisfied customers
Will parents failure to communicate and hostility towards

Will parents failure to communicate and hostility towards each other in contested custody determinations cause one to not be granted shared parental responsibility?

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LegalGems

Juris Doctorate

18,150 satisfied customers
Does a dissenting opinion in an appellate case hold any

Does a dissenting opinion in an appellate case hold any merit if it conflicts with the prior majority analysis of other courts?For example Stepp v. Stepp 1988 was a milestone case for the shared parental responsibility law being applied to unwed parents just as it would married parents, stating that there be no need for the unwed father to find the mother unfit.Turn now to Bainbridge v. Pratt 2011, which the dissenting opinion would seem to turn prior decisions on its head and add the substantial change test, which is similar to the finding of unfitness, to initial determinations for custody.Which opinion controls what tests are applied to initial custody determinations when you still have laws like 744.301 and 742.031 that grants sole custodial rights to the unwed mother?

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JD 1992

Juris Doctor

37,886 satisfied customers
My ex husband has filed a motion to modify parenting time.

My ex husband has filed a motion to modify parenting time. In his motion he is alleging child endangerment based on a DUI my current husband received last year with my daughter in the car. My ex husband has known about this DUI since March of last year, but just recently filed for custody because we could not agree on an out-of-state spring break visitation. I have had the majority parenting time for several years, is this different from custody? What is a reasonable out-of-state parenting plan? My ex is requesting that she travel from Colorado to Arizona every MLK day weekend, every presidents day weekend, every spring break, all summer (minus 3 days prior and one week towards the end), a 3 day weekend in April and October, Every Thanksgiving, Labor day weekend and he wants half her winter break every year. I'm loosing sleep over the endangerment allegations and I cannot afford an attorney. I also have a question about if he has a witness for the case if I will receive notice prior to the hearing or will he be able to bring anyone into court on the day of the hearing and I won't have time to prepare?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: Jefferson County Colorado and he filed form Maricopa County in Arizona. All proceedings will happen in Jefferson County COJA: Have you talked to a lawyer yet?Customer: I've spoken with several lawyers.JA: Anything else you want the lawyer to know before I connect you?Customer: There are some other details but it's a lot to type.

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LegalGems

Juris Doctorate

18,150 satisfied customers
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