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Ted_from_Texas last won the day on May 18 2017

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About Ted_from_Texas

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  1. What "ElleMD" says. You have no claim on the house itself, but if there's a mortgage and your husband has used marital funds to make the mortgage payments, you may have a claim on a share of the equity. Consult local counsel.
  2. As near as I can make out from your message, your father is and always has been a resident of Taiwan, and has never lived in the United States. You don't say, but we can only assume, that neither you nor your mother had any claim to American citizenship or residence prior to the time you emigrated to the United States when you were a child. Therefore any relief you can get from your father must come from Taiwanese courts in accordance with Taiwanese law. I know nothing of Taiwanese law but I'd hazard a guess that at this late date it would be difficult if not impossible for either you or your mother to make a legal claim on your father's current assets or income. Inheritance is another matter. Depending on the relevant law, you or your mother might be able to make a claim on a share your father's estate if your mother can prove she and he were married and there was never any divorce, or if you can establish his legal paternity regardless of their marital state. I suggest you contact a probate lawyer licensed to practice in Taiwan to learn what (if any) rights you may have. Whether you can find such a lawyer in the United States I couldn't say. You might start by checking with the Taiwanese (Chinese?) embassy or consulate nearest you. Good luck!
  3. You will not be granted a change of venue without a compelling reason, and the only reason you present in your message seems to be that your ex or your ex's family member is on friendly terms with everyone in the courthouse, which is simply not compelling enough. I'm sorry. Do you have other evidence to suggest that you won't get a fair hearing in this judge's court? Has this judge rendered decisions in the past which clearly indicated bias in favor of his or her friends?
  4. He can legally live anywhere his guardians say he can. He can even move in with you without the guardians' consent until the guardians tell him to come back. If he refuses to go back, the guardian will likely have to obtain a court order to force him back since law enforcement officers will be unlikely to get involved with a minor less that three months from attaining the age of majority. Will the guardians go to the trouble and expense of going to court? You know them better than we do. FWIW, you might want to keep an eye on your car keys.
  5. Well, it's a truism that anybody can sue anybody else for just about anything, but a suit for retroactive child support for an adult "child" when there has never been a support action filed while the child was a minor, will have no standing and will be dismissed. There may be any number of social and/or moral implications associated with establishment of paternity for an adult, but the only legal implication I can think of is the right to inherit in case the parent (or the child, if the child has no heirs) dies intestate -- that is, without a will. If you are asking whether the parent or child can be obligated to provide physical, moral or financial assistance, such as by helping with medical problems or educational assistance or by discharging debts, the answer is no, absent a valid contract which establishes that obligation independently. Consult local counsel.
  6. The court will not allow him to have anything at all, unless he can first establish his paternity to the court's satisfaction. Simply signing an acknowledgement of paternity at this point is likely not sufficient. In fact, how do you know yourself he's the biological father? You have already made one mistake in identifying the father, so there must be some doubt. Even if he's willing to sign the AOP, you should ask the court for a DNA test to be absolutely sure. The court may or may not accept the home DNA test you already took. Assuming his paternity is established, the extent to which he's awarded visitation depends on a number of facts. Since you became pregnant only last year, the child must be less than a year old, perhaps much less. Is your son breastfeeding? In any case, the court will likely be reluctant to allow overnight visits over your objection while he is less than 24 months old. Furthermore the court will not permit unsupervised visits if they are to take place in an environment that is hazardous or unhealthy for the child. He will be required to take reasonable steps to ensure the child is transported and kept in relative safety and security. He need not have a car but if he is to transport the child he must provide a save vehicle with an approved car seat. Similarly, if the child is to be in his (unfinished) house it must be reasonably free of safety hazards. That is, plywood floors and bare drywall are probably okay, but exposed wiring and tools and building materials lying about are not. He will certainly be required to provide whatever is necessary to ensure the child's safety and well-being himself, unless you are willing to provide it for him. If he is unable or unwilling to do so, unsupervised visits are off the table. To get the best idea of what you are facing and what the court is likely to permit or require, you should speak to a local family law attorney.
  7. Yes, you can ask for visitation. You can ask for anything you want, including that the guardianship be terminated and your children be returned to your care. Whether your position will appear sympathetic or even credible to the court depends on a number of facts not apparent in your message. You really need to consult with a local family law attorney ASAP to learn how Arizona laws and judicial guidelines apply to your particular situation, and to help you organize your case and make it presentable to the court. Good luck!
  8. You say child support is being taken out for two kids, but your message only ever mentions one of them. Is the other child still a minor? I can't speak to Arkansas law in particular, but in many if not most states, when one of several children "ages out", it's not a foregone conclusion that the child support will be reduced for the remaining child, so you may still owe $600 per month. A local family law attorney can clue you in to how Arkansas law applies to your particular circumstances. Furthermore, even if your child support obligation is reduced in accordance with Arkansas law, it may be necessary to get a court order to make the reduction official so that your withholding can be modified. Again, your attorney is the person you need to be talking to.
  9. Hard to tell what kind of help you're looking for, because the issues you discuss are academic rather than legal in nature. As near as I can make out, you want to graduate with your class but cannot because you are a half-credit short of the requirement for graduation. Your options appear to be either to make up the half-credit, which would be a matter to settle between you and your teacher, or to have the requirement waived, which you'd have to take up with the school administration. Neither course appears to be amenable to legal action. Even if you hold that the school has been incompetent and/or negligent in providing for the special needs specified in your program resulting in the credit loss, I'm pretty sure you or your parents would have to go through a lengthy arbitration process with the school district before the law could be invoked, by which time graduation would be over anyway. There is another regular participant in this forum who has a background in education matters, and hopefully he or she can give you more or better information. A third option is of course to stay in school another semester to make up the credit shortfall, then graduate at the end of this summer or fall. I know that's not what you want but you'd not be the first or the last student to have to do it. It's unfortunate but there it is. I'm sorry.
  10. Your message begs the question, if you don't like your mother's response to your misbehavior, why do you misbehave? At 15 you are old enough (and presumably smart enough) to modify your behavior around your mother to minimize or avoid entirely her negative reaction. I'm not talking about walking on eggshells here. You say yourself you are misbehaving, which implies you know the difference between right and wrong. To deliberately choose to do wrong is ill-advised and counterproductive. But on to your question. The law is intentionally vague as to the degree and severity of corporal punishment necessary to cross the line into child abuse. The general criterion seems to be that it's okay unless it causes or could cause the child lasting physical or emotional harm. So if you're in a heated argument with your mother and you call her a [whatever] and she slaps your face with her open hand, that's one thing, but if she hits you in the mouth with her closed fist, that's another thing entirely. Furthermore, context and circumstances surrounding the incident, and whether it's repetitive, make a difference. Even calm, rational parents can be provoked once into uncharacteristic behavior by a kid who knows where their buttons are and how to push them. Given only the facts in your message it's impossible from here to say whether you may have been subjected to abuse or not. The only authority competent to rule on weather you have been abused is Child Protective Services, or the equivalent authority in your county of residence. If you or anyone else has reason to believe you are the victim of abuse or neglect, you (or they) need to contact CPS and speak to a caseworker. From the facts provided the caseworker can determine if the abuse allegations have merit, and if so open the case for investigation. The result of the investigation could suggest any of a wide variety of possible options for resolution. Your mother (and/or you) could be required to undergo counseling, separately or together. If it's determined (unlikely from the scenario you describe) that you should be removed from your mother's care pending resolution of the issues, the obvious choice would be to place you with your father. If that's not possible, then a willing relative or family friend. Foster care would only be considered as a last resort. Contrary to widely held misconceptions, CPS is not in the business of breaking up families. Juvenile Hall ("juvie") is only for kids who indulge in violent, criminal or abusive behavior themselves. Probably not for you, but I suppose since you don't say anything about the nature or severity of your own alleged misbehavior, we can't rule it out. I hope this answers your questions.
  11. Hard to guess what kind of advice you're looking for, since you don't ask any questions. I can tell you that there is no law in any state that dictates the sleeping arrangements of family members. Unless your parenting plan explicitly states otherwise, your children are not required to have their own bedroom or even their own beds, nor are they required to be separated according to their gender. The number of persons (children and adults) that are permitted to occupy a given dwelling at any time is governed by local ordinance, but while the scenario you describe is certainly cramped, it does not look from here like it would be legally excessive. For further information, you'll need to elaborate more specifically on what it is you want to know.
  12. Not necessarily, no.
  13. I can't speak to Virginia law in particular, but in every state I know about, a parent is no longer required to support (which includes providing shelter) to a child who has reached the age of majority, which in Virginia is 18. Whether she is still in school is irrelevant. However, it's not simply a matter of tossing her stuff in the street. As a legal adult, she has the right to be treated as a tenant and her parents, as landlords, are subject to whatever state statutes and local ordinances are relevant to evictions. Generally, this means she must be first notified in writing that she must vacate the premises, and then must be allowed a reasonable time (usually 30 to 90 days, depending on circumstances and the jurisdiction) to find other lodgings and move out. Only then, assuming she hasn't moved out, may they initiate legal proceedings to have her forced out. Again depending on circumstances and jurisdiction, this could take some additional time, although I wouldn't bet too heavily that this would take her to graduation. I would strongly recommend that your friend's wife's niece either start looking for another place to live ASAP, or take whatever conciliatory steps are necessary to convince her parents to allow her to stay on a few more months. A local attorney who handles landlord/tenant matters can provide her with accurate and more detailed information and advice in accordance with her location and circumstances.
  14. In every state, sleeping arrangements of children are left up to their parents' or legal guardians' judgment. Note that when a child is in foster care, his or her legal guardian is likely to be the state, which then may exercise its judgment in the form of regulations imposed on the foster caregiver. However, absent state involvement, the law has nothing to say about where a child sleeps or who he or she sleeps with.
  15. In a word, no. Child support is never owed to the child, but to the person who has physical custody of the child, as reimbursement for the out-of-pocket expenses of providing for the child's needs. Even if the child is away from home, there's a reasonable assumption that the custodial parent is still providing some level of support. If your husband has reason to believe his child has become self-supporting and has evidence to back it up, He is free to petition the court for a modification to his support order that reduces or terminates his obligation to his ex; however, I can think of no legal mechanism to transfer that obligation to the child. Consult local counsel.