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Everything posted by Ted_from_Texas

  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!
  16. None whatsoever. As long as you are a minor, you can live anywhere with your dad's permission. It is not necessary to be emancipated in order to live away from home. However, you may still need him to co-sign your lease, student loan applications and other legal forms until you're 18. Since you already have his consent to go to school, that shouldn't be a problem. Good luck!
  17. 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.
  18. 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!
  19. 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?
  20. 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.
  21. 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.
  22. 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.
  23. 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!
  24. 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.
  25. 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.
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