It sounds like there are two potential grounds to argue that he should have less visitation due to a material change in circumstances. First, he moved to another state. Now, at least in Maryland, whether a move to another state constitutes a material change in circumstances depends largely on the extent and frequency of the moving parent's custody rights. For instance, if he was only granted reasonable visitation from time to time as agreed, then the move would probably not constitute a material change since it does not prevent the visitation schedule from being carried out. On the other hand, if he was granted extensive visitation (i.e., shared physical custody or every other weekend plus two or three weekdays each week), then the move would almost definitely constitute a material change in circumstances, since it was from South Carolina to New York.
More concerning is the fact that he no longer seems to have an interest in his visitation. Since his absence has been continuous for more than six months, you could probably successfully argue that a material change in circumstances (he no longer has an interest in the child's life) has occurred. Whether this is worth pursuing again depends on how much visitation he has to lose. If he has extensive visitation rights, you should move for a modification; if he has the bear minimum visitation already, then it would make no sense to file for a modification.
In sum, if he has extensive visitation rights, then you have good reasons to consult with a Child Custody Lawyer. I am only licensed to practice in Maryland, so you would need to contact a lawyer licensed in your state.... Read More
It sounds like there are two potential grounds to argue that he should have less visitation due to a material change in circumstances. First,... Read More
If you have proof that you have made several efforts to get in touch with him, then you should have nothing to worry about. This will prevent him from being able to lie to the court and say that you denied him visitation. If he is alive but continues to stay out of the picture for another six months or so, then you may have grounds to modify custody.
Whether this would be worth the effort depends on the frequency of his visitation rights under the current child custody order. For instance, if his visitation is not on a set schedule, but rather simply from time to time as you both may agree, then it would make no sense to go back to court because he already has the minimum. If, on the other hand, he is entitle to every other weekend plus a day or two during the week, then you would be within your rights to claim that his absence is a material change in circumstances justifying even less visitation. Along these lines, if he is out of the picture due to a drug addiction, or something else that could potentially pose a threat to your child if the father were to exercise visitation rights, then you may want to seek to modify the visitation so that it is supervised.
In sum, if he does not already have the minimum (reasonable visitation from time to time as agreed), or if he has done something that would raise a red flag as to your child's health, safety and well-being, then you may want to discuss the matter further with a Maryland Child Custody Lawyer.... Read More
If you have proof that you have made several efforts to get in touch with him, then you should have nothing to worry about. This will prevent... Read More
You can definitely file an appeal. But, it will be an uphill battle. The decision whether to extend an order under the circumstances is discretionary, meaning that the order would be reviewed under an abuse of discretion standard. This standard of review is very deferential to the lower court judge. The only way to get around this standard is if the judge committed a legal error (i.e., if the governing statute requires the judge to state his reasons for his decision on the record, yet he failed to outline the facts forming the basis of his decision). I do not practice in Illinois, so I do not know whether the governing statute has this requirement, but it is a thought for your appellate lawyer to consider.
I just noticed that your post is from November 19, 2018. Most states have a 30-day deadline in which a party must file a notice of appeal. That is just a few days from now. If you have not yet missed the deadline, here is some advice on How to File an Appeal. I hope this helps.... Read More
You can definitely file an appeal. But, it will be an uphill battle. The decision whether to extend an order under the circumstances is... Read More
If this happening around the children then you may file an emergency motion with the court to protect the children. Depending on the facts you may have an obligation to report the incident to the DCYF and/or the police. A lawyer with family law experience would be in the position to help you. Best wishes.... Read More
If this happening around the children then you may file an emergency motion with the court to protect the children. Depending on the facts you... Read More
Thank you for your question I am sorry you are having this ongoing difficulty with your ex-husband. Fortunately, your situation can be remedied.
If the court has ordered your husband to pay $600 per month until the loan modification is complete, which loan modification is still incomplete, that money is due and owing. You need to have your attorney file a two-prong motion with the court: A Motion to Enforce to compel the refinancing joined with a Motion for Contempt directed to the unpaid alimony, assuming he still has the present ability to pay it. Set it for an evidentiary hearing. Your lawyer may want to depose your ex in advance of the hearing to see what excuse he will offer the court and prepare to counter it. You should also ask for your attorney’s fees and costs to be reimbursed to you as you are enforcing the court’s existing order.
Good luck! ... Read More
Thank you for your question I am sorry you are having this ongoing difficulty with your ex-husband. Fortunately, your situation can be... Read More
Thank you for your question.
By ‘legitimize’ I assume you mean ‘how do you establish your paternity of your daughter’. Perhaps this is for immigration purposes to permit your daughter to immigrate to the US or to have a US passport. I am also assuming your daughter was born out of wedlock and that your paternity of your daughter has not been previously established.
You can file a petition to establish paternity for your daughter in Florida where you reside. If the mother and daughter agree, you can file it as an uncontested petition with everyone co-signing the petition itself. Then, once filed you can set the case for an uncontested final hearing. As she is an adult (and assuming she is not mentally disabled or otherwise not emancipated), your daughter can join the petition. This should not be difficult. Of course, if she is married her husband should be made aware of your action.
Good luck.... Read More
Thank you for your question.
By ‘legitimize’ I assume you mean ‘how do you establish your paternity of your daughter’.... Read More
Thank you for your question. You didn’t provide any information as to why your nephew wants to emancipate and that may be important. (Ex.: Does he want to marry, joint the military, sign contracts, etc.?) However, I will help you as much as I can.
To begin, moving in with his grandmother has no bearing on his becoming emancipated. There is no ‘plan’ when one is emancipated - an emancipated person is free to live wherever he or she is welcome as would be true for any other legal adult. Once emancipated, he is legally caabe of signing a lease to rent his living quarters. However, be careful in the use of the word ‘dependent’. If you are asking if the grandmother can declare your nephew as a dependent for tax deduction purposes, she will need to consult with her tax professional. The Internal Revenue Code has very stringent rules as to who can declare someone as a ‘dependent’ for tax purposes.
Finally, regarding his driver license he is still subject to the Florida driver license law. If he only has a learner’s permit, he will still to have another adult accompany him per the existing law regardless of his emancipation. Once he has his full driver license, he should be OK.
I hope this helps, and best wishes to your nephew... Read More
Thank you for your question. You didn’t provide any information as to why your nephew wants to emancipate and that may be important.... Read More
If there has been a request to modify child support filed with the court and you have been served with the petition, then you are obligated under Rule 12.285 to provide certain financial documents. I would suggest consulting with an attorney to determine the potential financial obligation as it souds as if your financial situation has changed enough that there is a belief that you can contribute to your son's support. ... Read More
If there has been a request to modify child support filed with the court and you have been served with the petition, then you are obligated under... Read More