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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

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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

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Juris Doctor

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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

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Juris Doctor

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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

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My ex wife and I legally got divorced in 2014. At that stage

My ex wife and I legally got divorced in 2014. At that stage I was earning a significant salary and she was earning far less. For child maintenance and education the agreement was that I would pay a amount of R4250 per monh per child and all educational expenses respectively. There is a clause for both that states "It is agreed that with effect from 1 July 2016, the maintenance payable by Neil to Michelle for the children shall decrease by 15% after the annual increase in maintenance has been effected "Now in July 2016 I have taken a 50% salary cut and my ex wife is earning a salary equal to mine. I am checking if I have any recourse to try increase the 15% confribution of my ex wife given that I am now in a significantly worse off position and she is in a much better financial position.We are amicable and will discuss directly with her but should things not be agreed between the two I need to understand if i have legal resource. Also if we do agree between and draft an amendment to the settlement witnessed by a neutral party would that 'stand up in court' or do we need a lawyer to formally redraft the entire settlement agreement?Regards Neil

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Asad Rahman

Attorney

J.D.

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My wife file 102 divorce in LA. She filed March 21, 2016 but

My wife file for a 102 divorce in LA. She filed March 21, 2016 but did not leave the matrimonial house. We had a hearing officer meeting scheduled but was cancelled. She now wants to dismiss the petition. If intimacy occurs is this consider reconciliation.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

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Can a person go to court and file a motion without an

Can a person go to court and file a motion without an Attorney in relation to family law at this time cant afford one and getting no visitation

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JD 1992

Juris Doctor

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I recently entered into a custody agreement with my ex wife

i recently entered into a custody agreement with my ex wife it was approved by the court and entered into law shortly before the agreement was signed i lost my job i did not disclose this information to my wife she still does not know she never asked me if i was employed and never made any false statements regarding the fact as a result the mediation process was canceled the mediation was initiated by me does this constitute fraud on my part or anything like it

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FamilyAnswer

Juris Doctor

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My husband of 28 year got deployed months he changed A lot

my husband of 28 year got deployed for 7 months he changed A lot he's coming home but I don't want to be with him I am scared what can I do I want to get separated when he comes home can I not let him in the house

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JD 1992

Juris Doctor

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