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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28043
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Man dating my mother since i was two, i am currently 20. So,

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Man dating my mother since i was two, i am currently 20. So, "Father" has violated all terms on Parenting Plan contract to provide income and housing for mother, and 3 children. Parenting plan contained a written agreement of promising 2 of the many houses he owns, and the car my mom drove. One of the homes were my grandparents whom he also kicked out for his friend to live in. The second home was the home we currently reside in. The car was a Mercedes she drove since 2009. He has been my father figure for over 15 years and i have a half brother that is his. He promised to marry my mother but every year there is an excuse as in his family hates her, so we fixed that, oh she needs to fit into a wedding dress, fixed that, oh she needs to take bible study and convert from Buddhist to catholic to marry in church, did that. She gave up her whole life and job to please and give him his desires for over 15 years. He left for a Vietnam trip one day and came back married to a Vietnamese prostitute. He came back and started problems with my mother and caused her to go mentally ill. (self-esteem, depression, etc) i mean who wouldn't? And now he has stopped providing financial income and took back all the cars and is currently kicking us out of the house we live in for the past 8 years.(Probably new "wife's" idea) We have not much to go to because he relied on him so much. Mother walks and rides the public bus service to visit her son now, who he took but wont allow us to see (Using the law against us since no car to see him) What do we do? We want a home, and our brother/son back.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and concern. Is the parenting plan you stated above something that was imposed by the court? Who ordered that he provide financial support for both your mother and the children?
Customer: replied 4 years ago.

It was written with a lawyer not official court but the meeting was ordered by court for example meet at chuckecheese at 8 pm and mother arrived and she called to say where he was, he said he went at 6pm and wont go again so oh well which is a lie because my brother has tutoring at 6 and then dinner around 7. He is lying to brother that we dont care for him and it legally states that either party could corrupt or brainwash the son of either party.

Thank you for the additional information. Based upon the facts which you stated above and his failure to honor and comply with the agreement, it appears as though your mother would have to take him back to you to enforce it and seek the relief, which she requests. Unmarried parties who cohabitate and have a relationship over long a period of time may have rights to financial support and property. Unmarried parties can enforce promises of support or property rights through a civil court action rather than in family court. These actions are often called Marvin claims. While the Supreme Court in Marvin expressly declined to treat unmarried cohabitants like married persons, the Court stated that agreements (including oral contracts) between unmarried partners should be enforced like any contract between unmarried people. A Marvin claim must be filed as a separate civil action because it is not a family law matter. The statute of limitations (the period within which a Plaintiff must commence the action) for a Marvin claim will depend upon which legal theories are asserted. Applicable legal theories may include breach of express or implied contract, implied partnership or joint venture, quantum merit, unjust enrichment, constructive fraud, the imposition of constructive or resulting trust, and additional legal remedies. When there is a breach of an agreement to share property and acquisitions equally, or to provide lifetime support, the injured party can seek redress through a Marvin claim. As far as any issues with a child(ren) which they had together and support, this would be another issue which needs to be addressed and if the father is not letting her see the child, she would need to seek custody and court ordered child support, if the father is failing to cooperate and work this issue out as well.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!