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Ted_from_Texas

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Ted_from_Texas last won the day on June 3 2018

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  1. Never mind that the condo is almost certainly community property (you don't reveal the details of the purchase so we won't go into that) and therefore it would be rash indeed to assume that your husband wouldn't get a share of the proceeds from the sale. What makes you think he'd consent to your selling it for $100? Even assuming the sale goes through, the court is likely to recognize the undervaluation of the property as a bad faith effort to violate the spirit if not the letter of the court order, and sanction you accordingly. Furthermore, once you sell it, after closing it will be the property of the buyer and there is no legal way to force him or her to sell it back to you for the same price they bought it for, or even sell it to you at all. You may think you know this person well, but are you willing to take that risk? Any number of people could be advising your friend to hang on to the property, or at least earn a tidy profit on the resale. A condo for $100 is a mighty tempting prospect to anyone. This whole idea looks half-baked at best and very poorly thought out. I strongly recommend you discuss your options for the sale (or for renegotiating the section of the divorce settlement that requires the sale) with a local divorce lawyer.
  2. Do you want to be your mother's guardian? If so, and assuming you are a competent adult yourself, you should contact the caseworker assigned to your mother's case and discuss how to make it happen. If not, what is your objection to your uncle? None of the reasons you post in your message disqualify him from doing it. Would you rather she be made a ward of the state and have a complete stranger manage her affairs?
  3. Since you have been paying the mortgage out of marital funds, you will have earned a share of the equity of the property. What that share is, exactly, depends on factors such as the original purchase price, the value of the property when you married, and the value of the property at the time of the divorce. Since it's a rental property, you'll probably also have to figure in maintenance expenses and depreciation. You also may have a share of the rental income. Your attorney and accountant or financial advisor can help you work out the numbers. Whatever your share works out to be, your husband will have to cover it out of his share of other assets. If there aren't enough assets to cover it, the property may have to be sold. I strongly suggest you consult a good divorce lawyer to make sure to don't short yourself in the settlement.
  4. If your ex is violating your mediation agreement, your recourse is to file an enforcement action in the court that approved the agreement. The probability of success will depend on a number of factors not apparent in your message, such as: How many exchanges has she missed, out of how many scheduled exchanges? How much farther have you had to travel on the missed exchanges? Has she the means to maintain a working vehicle, and if not, are other means of transportation available? Is your son old enough to use public transportation? You would be well-advised to try to work out an acceptable alternate arrangement for exchanges with your ex before you head for court. If she is truly unable to keep up her end of the current arrangement reliably, the court could impose a different one, which might be even worse than the one you have.
  5. Your parental rights are unaffected. Neither your immigration status nor your income relative to the father's will be deciding factors in the matter of custody. The court will also examine a number of other issues such as the child's age, current living conditions, which parent is the primary caregiver and so on, when determining the child's best interest. Any previous agreement between the parents concerning matters of physical and legal custody, visitation, and child support must be approved and endorsed by the court in order to be held valid. In the unfortunate event that you and your husband contemplate separation or divorce, you should immediately seek the counsel of a local family law attorney who can explain how Florida (or whichever state you reside in at the time) laws apply to your particular circumstances, and advise you how best to proceed. Never allow a potential ex-spouse to convince you that your rights are somehow diminished or impaired by your immigration status, social status, occupation or income.
  6. I'm no expert on Florida law, but based on my understanding of the facts you present, the answers to your questions should be: 1. Maybe. Why have you waited so long to deal with this? You can try to get an order for child support arrears from your ex, but good luck on holding the employer liable. You'd probably have to prove the employer actually colluded with your ex to deprive you of the payments, and there are plenty of dodges available to make that difficult. If you want to proceed against the employer, you'll surely need an attorney who can advise you on the best way to do it. 2. No. Technically, you can file for whatever you want, but this would probably be tossed as without merit. In the first place, visitation (what you call time sharing) is generally held by the courts to be a right but not an obligation on the noncustodial parent, and in the second place the recalculation never took place. The time to deal with this would have been when your ex halted the visits. Note that the visitation schedule you describe generally corresponds to what is considered to be so-called "standard" visitation, so there's no reason to suppose that if you had asked the court for a recalculation, the result would have been any different. 3. No. You really need to discuss this with a local family law attorney before you head for court. Your case as you present it here has enough ambiguities to give anyone pause who doesn't have a thorough understanding of the relevant Florida laws and judicial guidelines.
  7. A better question to ask might be, are the boy's parents naïve (or stupid) enough to take an underage girl from across the country to live in their home without checking with the girl's parents first? I dare say the local prosecutor cited in the above response will be asking that question. when determining whether to get involved.
  8. It's not at all clear what sort of help you're asking for. You were advised to contact CPS which you have done. You don't say whether your child's pre-school is a public or private one and you don't identify your state, so it's impossible to determine the nature and level of care (if any) the school is legally obligated to provide, or whether a lawsuit, if that's what you're contemplating, would be effective or even feasible. In any case, it's doubtful you'd want to return your child to the same environment in which he has already been subjected to abuse and/or neglect in the past. As for obtaining care and treatment from other providers, that's a medical question and not a legal one, and you could probably obtain better and more appropriate guidance from your child's health care providers than an Internet forum concerned with legal matters. I don't think there's any help for you here. I'm sorry.
  9. In North Carolina as in every other state, when a child is born out of wedlock the mother is the only legally acknowledged parent and the father has no parental rights whatsoever until he establishes his paternity (his name on the birth certificate is not by itself proof of paternity) and there is a court order in place that specifies his parental rights and obligations. This includes his right of reasonable visitation and his obligation to pay child support to the mother in accordance with guidelines established by the state. You have no legal right to withhold the child's Social Security documentation from the mother. I strongly recommend you give it to her now, then consult with a local family law attorney ASAP to learn how to establish your paternity (DNA testing may or may not be required) and obtain a formal, enforceable custody and support order ("parenting plan") from the court that specifies both your and the mother's rights of legal and physical custody and child support. This plan will remain in effect, with reasonable modifications as circumstances require, until the child becomes an adult.
  10. How old are you? Are your grandparents okay with this? Just askin'. Not sure what you mean by "start moving out." Do you mean he wants to bring his stuff over so it'll be there when he actually moves at age 18, or do you mean he wants to live there intermittently until he's 18? Does he have reason to believe his mother's feelings will be hurt by his keeping the move a secret before he moves? If so, then why is he doing it? Why doesn't he just tell her what he intends to do? It's not like she'll be able to stop him, and the sooner he lets her in on his plans, the less she'll be shocked and/or hurt when it happens. In any case, this is a decision he's making, and he has to own it.
  11. On what grounds is your ex seeking to "flip custody"? I almost never say never, but frankly, I doubt it. You don't say how old your daughter is, or whether she was born in wedlock, but after six years of joint custody it's way too late to contest the paternity of your child. At this late date, DNA is not going to be a factor. A local family law attorney can tell you how Illinois laws apply to your particular circumstances, and how best to counter your ex's attempt to modify your current custody order.
  12. You're not wrong, but your point raises no legal concerns whatsoever. Maybe you could better find support and/or advice on how to handle this unfortunate situation in a parenting forum, rather than a legal one.
  13. Every divorce is different, and your cousin may have many options, perhaps more than she realizes, depending on her particular circumstances and Massachusetts laws and judicial guidelines. There is simply not enough information in your brief message to go on. She needs to consult with a local divorce lawyer ASAP. Tell her to be sure ask the attorney about having her legal fees paid for by her husband, and how to petition the court for interim spousal support and exclusive use of the marital residence pending settlement of the divorce. Good luck!
  14. Based only on the information you have provided, there's no reason to suppose you can't continue to exercise your visitation rights with a few reasonable adjustments to the normal routine. For example, you may have to accomplish the physical exchange using a third party rather than meeting the mother directly. What adjustments to make and how they'll affect your visitation schedule and procedure may depend on the details of your parenting plan and/or the restraining order. Consult local counsel.
  15. Your message implies that Child Protective Services is already involved in this matter. Whether you can adopt the child, and if so what procedures you must follow to make it happen, will be largely up to them. I suggest you contact the caseworker handling your friend's case and discuss the matter with him or her. Assuming adoption is a viable option, you may have to take the child as a foster placement pending your completion of whatever requirements (background checks, home studies, etc.) they might require. Also remember that any adoption can be tricky, and CPS involvement makes it even trickier, so you'd be well-advised to retain a local family law attorney who specializes in adoptions to advise and assist you. Good luck!
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