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Recent Uniform Marriage and Divorce Act questions

Can a grandparent obtain guadianship child one

Can a grandparent obtain guadianship for a child for just one parent? We are not trying to change any other exiting agreements. This is temporary...we hope.

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Ely

Counselor at Law

Juris Doctor

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I have a 13 yo granddaughter who I raised for 11 years. I obtained

I have a 13 yo granddaughter who I raised for 11 years. I obtained grandparents visitation every weekend when she was 4 years old. Last 2 years she went to live with her mother in Memphis and now Tolleson Arizona. She spent summer vacation with me and did not want to go back to her mother. She wants to come and live with me again. What can I do? Her mother constantly degrades her and smokes marijuana around her and other children in the home.

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Ely

Counselor at Law

Juris Doctor

64,594 satisfied customers
I have a 16 year old girl visiting my family because she is

I have a 16 year old girl visiting my family because she is scared of her father (who is both physically and emotionally abusive to her). Our daughter's met at a school that specializes in caring for girls in delicate situations. The school also provides counseling to help the girls get ready to go home. (My daughter successfully completed the program and has been doing very well.) The girl staying with us does not want to go home to her father. His plan is to "find somewhere else for [her] to live" because he doesn't want her around while his 19 year old girlfriend is there. His place of residence is in Wisconsin; I live in Illinois. What can I legally do to help this girl???

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Ely

Counselor at Law

Juris Doctor

64,594 satisfied customers
I have recently been divorced. There were 2 children involved.

I have recently been divorced. There were 2 children involved. The oldest (8 yo daughter) is from her previous marriage yet I helped raise her from 3 months old. She only knows me as daddy. The younger (5 yo son) is ours together. The bio-father of my daughter has been in and out of her life and just recently sent an email to state he will no longer visit with her, only be financially responsible. Per our divorce decree, I am to have my son every other week during the summer, and every other weekend during school. Recently, we had a situation where my 17 yo niece, who babysits the kids during the day, and we always trusted, did a couple dumb things. First, I had requested one day that my son take a bath as I had plans for us that night. She couldn't get him to do it like is common with 5 yo's. She finally got him to do it by taking a shower with him. She didn't think anything of it at first because it's family. Well she immediately realized it was wrong and told me as soon as i got home. I rated it as a poor decision by a 17 yo, sternly talked with her that it could never happen again, and left it at that. Her second mistake, which was the final straw, was when she was skypeing her boyfriend while watching the kids. My daughter later told her mom that she saw the boyfriends "pee pee" on the phone. She also said my niece asked her not to tell anyone. BIG mistake and poor decision by a 17 yo. This was found out by my son going up to his sister and dancing and thrusting his groin in her face. When asked why he was doing that, daughter said he's acting like my niece's boyfriend on the phone. Needless to say, this started a firestorm with the ex. I confronted my niece who said her bf was dancing like that on the phone but had his clothes on. She doesn't believe his unit was out at all. She said if they did see it, it would have been when he was getting dressed for work or something like that. Why they would skype while doing that, I don't know. Poor judgement/mistake number 3. Anyway, now she will only let me see my son. I cannot see my daughter anymore. My son tells me that she is always saying how much she misses her daddy, meaning me and crying about it often. Yet the ex won't even let me take her to dinner. She states that if I push her on it, she will turn in my niece as a sex offender. Kind of blackmail. She has also only let me have my son for every other weekend visits, even though the divorce decree states that in the summer we will rotate complete weeks. I don't feel as though I did anything wrong because it happened while I was at work. We both trusted the niece completely to watch them. The last part of this.....I am staying with my mom until I get back on my feet and have recovered enough from the divorce to buy/rent my own place. I have made arrangements to stay with my dad on weeks/weekends when I have my son/kids so that they are not around my niece as my niece also lives with my mom. The ex and I have both agreed on one thing...that we don't want the kids around the niece anymore. Ex has made the threats though, that if she finds that I have allowed the kids to see the niece, she will turn the niece in and also call CPS on my living situation. Anyway, i have a couple questions. First, in Colorado, is there any law to grant me any sort of visitation with my daughter? I've done some research online and have found a few vague references to step-parents rights, but the legalese can be confusing. Second, can she do what she's doing with the visitation? I don't want my niece to be stuck with the stigma of being a sex offender the rest of her life. But at the same time, I miss my kids with all my heart. Third, can what my niece did possibly be considered criminal? Or just a case of poor judgement? We had been co-parenting very well until this situation came up. Then everything hit the fan. I hope all of this makes sense. Thanks for your guidance.

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Ely

Counselor at Law

Juris Doctor

64,594 satisfied customers
I have a daughter that is going to be seven in November.

I have a daughter that is going to be seven in November. When she was born my boyfriend registered her with his last name. Her biological dad has been in and out of prison and he just recently contacted me saying that if I didn't let him see her he was going to go to court and file for a paternity test. He said he would file that so the would be able to get visitation rights. Is it possible if he does that he will get visitation rights??

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AttyHeather

Attorney

Juris Doctorate

1,012 satisfied customers
My husband passed away earlier this month. He had a pending

My husband passed away earlier this month. He had a pending settlement due to a workers comp related injury in a different state. My in laws are giving me a hard time not wanting to provide rhe attorney name handling his case. In addition, they refuse to provide me with any Dr information... Or any other information for that matter. How could I go about finding out the information for the attorney and Dr in order to take care of legal issues? Thanks in advance.

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jb156200

Associate Attorney

Doctoral Degree

184 satisfied customers
How much will it effect on custody evaluation if I have a

How much will it effect on custody evaluation if I have a history of depression 5 years ago? I live in CA.Other parent is claiming that I have a depression and still have suicidal idea(which I have never had), that's why I am unfit parent to our kids.There is nothing for them to prove it as I was seeing a doctor in different country.Should I tell evaluator about my past medical history though?

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AttyHeather

Attorney

Juris Doctorate

1,012 satisfied customers
Petitioner (father) has been convicted of 3 DUI's, is on

Petitioner (father) has been convicted of 3 DUI's, is on probation for 5 years and has his driving privileges suspended. Petitioner and I currently have joint custody of our 3 year old daughter. Petitioner's attorney filed a "notice of unavailability" in July of this year stating that he would be unavailable until Sept 5th and that if he was served with anything, he should receive an extension. On September 12th, the hearing was extended to October 17th because of the notice of unavailability. I filed an RFO for modification (despite the notice of unavailability) in July along with subpoenaing the Petitioner's Wells Fargo bank statements and Whole Foods Market receipts, stating that the Petitioner is continuing to drink. The production date for the subpoena was Aug 18th, 2016. I have receipts linked to his credit card for alcohol purchases from Whole Foods. I collected them around the house when I live with him and he was abusive & continuing to violate his probation. Also, my mother used to be a private investigator and pulled his curbside garbage. We found an alcohol receipt from April 9th, 2016. The receipts I have in my possession will verify the subpoenaed receipts from Whole Foods and his Wells Fargo bank statements. I also requested Whole Foods to supply signed receipts from the bar area with signatures on them. Last week I received a letter from Wells Fargo bank that they are unable to comply with the subpoena because there is another person on the Petitioner's bank account and that in California all parties need to be notified. I believe that the other person is his mother. I don't know what my options are in regards ***** ***** at this point? On Wednesday, the 21st I received an email from Whole Foods Paralegal stating that the records are in the mail, certified and on their way to the Deposition Officer. The records are coming from Austin Texas to California. Is it normal for certified mail to take this long? I don't know if I should serve a "Meet and Confer" letter on Whole Foods? I have about 10 emails between the Paralegal and I. I don't know if I should take her word? Also, is a corporation like Whole Foods capable of producing receipts with someone's signatures on them? That would show the court that the Petitioner was physically there. I'm so concerned about everything at this point. The hearing is on October 17th. The last question I have is, my father would like to testify to the Petitioner drinking alcohol after he was ordered to not drink for 5 years on June 16th, 2015. The Petitioner admitted on numerous occasions that he had violated his probation. How would I go about having my father testify at the hearing?

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AttyHeather

Attorney

Juris Doctorate

1,012 satisfied customers
My final divorce was granted in March of 2016. My ex started

My final divorce was granted in March of 2016. My ex started the proceedings and since I couldn't afford an attorney, his acted as mediator. In the decree, he stated it was due to irreconcilable differences. Since then I have found out that he has a girlfriend and I suspect he was having an affair prior to the divorce. Five years ago he had his mother's name removed from all of her property so he didn't have to pay for her nursing home fees. That 5 years was almost up when he asked for a divorce. Since then he has sold all the property and supposedly has bought a new farm about an hour from here. My question is, can I take him back to court for the false statement on the reason for the divorce and get more money for his deception?

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

972 satisfied customers
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