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QUESTIONS

What are my rights as a father in a child custody case?

I’m battling for equal custody of my 10 year old daughter and it seems that at every court hearing the judge has a preference for giving custody to her mother. I thought I had the same rights to custody as the mother but that doesn’t seem to be the case. The judge even asked me at the first temporary hearing how I thought I’d be able to handle my daughter’s needs as she gets older. I am just as good of a parent as the mother, probably better. Do I have equal rights as the father and can I get shared custody? Is there some preference that courts have in Virginia for awarding custody of children to the mother, especially if the child is a girl? What do I have to show to a judge to prove that I can parent my daughter as well as her mother can?

Richmond, VA
0 answers
QUESTIONS

Do I need a U.S. or Russian lawyer for a prenup agreement?

My fiancé and I are dual citizens of Russia and the U.S. We are going to be getting married in Russia but then moving for at least some time to Charlotte, VA for my first work assignment. I have property in Russia that I inherited from my grandparents and I want my fiancé to sign a prenup agreeing that she won’t try to take that property if our marriage is not successful. Because we are marrying in Russia, do I need a Russian lawyer to draft this type of agreement, or should a U.S. lawyer do it since we’ll be living there? If I do need a Russian or international lawyer, how do I find one with experience in prenuptial agreement drafting?

Charlottesville, VA
0 answers
QUESTIONS

What expenses is child support supposed to cover?

I pay child support to my children’s father because he has primary custody of them due to me traveling frequently for work. I am always on time with payments and owe no back support. The problem is that he is constantly asking me for additional money for various things, like their school trips, clothes, fees for sports. He says what I pay in child support doesn’t cover these extra things, it only covers the basics like housing, food, and health insurance. I thought child support was supposed to take care of all of their expenses when they are with him. He says if I don’t contribute to the extra expenses he’ll just seek a higher child support payment. What is child support actually supposed to cover and can he get more support if he takes me back to court?

Washington, DC
0 answers
QUESTIONS

Can my ex move with our kids without court permission?

My ex has sole custody of our 2 kids but I get every other weekend with them. We live in Memphis but she says she is moving to Nashville for work and taking them with her. That’s over 3 hours away and if I go get them for my weekends and bring the back here, I’ll be on the road over 6 hours just to turn around and do it again two days later when I take them back. I want to object to her move. She is an accountant and can find a job anyway, she doesn’t need to move our kids 3 hours away just for work. Can she move without getting permission from a judge first if I tell her I don’t agree to the kids moving with her?

Memphis, TN
0 answers
QUESTIONS

What rights do I have as the birth father in an adoption?

New Orleans Child Welfare Division served me with notice that they want to cut off my parental rights to my son and adopt him out to his foster family. He went into foster care when I got jailtime for a felony assault charge. I’m out now and I want to reestablish my relationship with him. Child welfare says I’ve been away from him too long and he’s attached to the foster family. I want to object to this adoption and get back into my son’s life. What rights do I have in this adoption process and do I need a lawyer to represent me? I only have a certain amount of time to respond to this paperwork so I need to find a lawyer quickly.

New Orleans, LA
0 answers
QUESTIONS

How is child support determined in Ohio?

I need to know what a judge will consider when they set a child support amount in my case. I’m self-employed and don’t get a W-2 to prove my income. I make a decent income from my business but I also have a lot of expenses, so I don’t actually take home the total amount I receive from my customers every month. How will my income be determined for a child support calculation? What documents will I have to show the court to prove my monthly business expenses, and will the fact that I have another child that I am paying support for be taken into account?

Cleveland, OH
0 answers
QUESTIONS

How do I locate a Russian lawyer for a child abuse case?

My daughter’s mother has custody of her and has remarried. I believe her new husband may be abusing my daughter. She is disabled and can’t speak for herself, but her behavior is totally different when she comes to my house and ever since her mother remarried and the new husband moved in. My daughter seems scared when I try to change her clothes or bathe her, and this is something I’ve done regularly her entire life. She’s never been scared before. She also gets upset when it’s time to go back to her mother’s house. How do I find a lawyer who can figure out whether there is any abuse at her mother’s house and if there is, how do I prove this if my daughter can’t tell anyone what is happening to her? I want a lawyer who speaks Russian as that is my first language and it is easier for me to communicate in Russian.

Raleigh, NC
0 answers
QUESTIONS

Can I get an uncontested divorce online in Michigan?

I want to get an uncontested divorce and I live in Michigan. My wife moved out of the house over a year ago and we aren’t arguing about anything. We have no kids together, but I do have a son from my first marriage and my current wife does want to still see him after our divorce. Neither my wife nor I want to go to court for anything. Is there a way we can do some sort of mediation for the visitation issues regarding my son and can we do the whole divorce process online? My friend told me that was a possibility if there are no disagreements. Do we need a lawyer to do this?

Detroit, MI
0 answers
QUESTIONS

Will a judge change a prenup during a divorce?

My wife and I signed a prenup before marrying seven years ago. We are now in the process of divorcing and our financial circumstances are very different than when we got married. At that time, both of us had lower incomes and we owned no property in our own name. After our marriage, my wife started an online teaching business and it has done very well. It’s incorporated in her name only. In the prenup we both waived any rights to any property the other acquired in their own name. That is no longer fair because I supported her the entire time she was starting the business and paid all the bills until the business began earning her money. Can I ask the judge to modify the prenup as part of our divorce and allow me my fair share of the value of her business? Is this something I have to ask for in the divorce petition?

Seattle, WA
0 answers
QUESTIONS

Can Parental Alienation be grounds for changing child custody?

My ex’s father is alienating my son from me. He says terrible things about me and my current husband to my son and does anything he can to turn him against me. My son will now not listen to anything I have to say or abide by my rules when he is with me. My ex and I currently share custody, but I think I need to obtain full custody and get my son away from his father’s negative influence. My son will object to this I am sure, but he’s only 12 and I don’t think he should have any say in the matter. Is parental alienation enough to warrant changing custody and how do I prove the negative things my husband is doing to my son?

New York, NY
0 answers
QUESTIONS

Can an adoption lawyer help with an adoption subsidy?

My spouse and I have had two foster sons for almost 2 years now. They both have ADHD and some other emotional problems. They are on medication and also get regular counseling. Department of Social Services is pushing us to adopt and we want to but we are afraid of not being able to afford their medical costs after the adoption is finalized. The Social Worker assigned to our case from Baltimore DSS has said we may qualify for an ‘adoption subsidy,’ but she says she can’t give us legal advice and we should talk over the financial ramifications with a lawyer. Are there lawyers who specialize in this kind of work and how do we find a reputable one?

Baltimore, MD
0 answers
QUESTIONS

Do I need a lawyer for an uncontested divorce?

My wife and I are separating and we have no children together. I thought we were in agreement on everything and I filed for an uncontested divorce on my own behalf. She is now saying that she may need some financial support from me until she gets back on her feet and gets her own place. I don’t earn much more than her so I don’t know how I could be made to pay alimony. What happens if this uncontested divorce becomes contested and if it does, do I need to file a different type of divorce action? Should I get a lawyer? I am Russian and live in Miami, Florida.

Miami, FL
0 answers
QUESTIONS

Can I be required to pay child support after my son turns 18?

My son lives with his father and is a senior in high school. He was held back a year in middle school due to behavioral problems and some learning disabilities, so he’s about to be 18 but just starting his senior year. I thought that my child support obligation stopped when he turned 18, but his father is saying he can force me to pay throughout the entire senior year and maybe even longer if a court determines that my son is fully intellectually disabled. How long does my child support obligation last, and what is needed to prove that a child is intellectually disabled?

Oklahoma City, OK
0 answers
QUESTIONS

Is child abuse a grounds for divorce in Georgia?

My spouse got angry and shook our 14 month old daughter to punish her. She lost control and injured our daughter badly. She’s up now on charges of child abuse and the state has asked me to be a witness to her violent temper. I want to divorce my wife as soon as possible and get my daughter away from any contact with her but I’m told there is a waiting period for divorce. My wife says she won’t agree to the divorce and will never agree to me having sole custody of our daughter. She believes she can beat the criminal charges by saying it was an accident. Can I file for divorce at the Atlanta courthouse based on child abuse and can my wife actually fight that and make it take longer?

Atlanta, GA
0 answers
QUESTIONS

Can I have a prenup invalidated if there was fraud?

English is my second language, I am Russian. My wife is American and had a prenup drafted before we married. She told me it was to protect her family business from my interest in case we divorced. The document is in English and I could not read all of it, so her lawyer at the time read it to me. I don’t think he read it to me truthfully or accurately and I think I’ve given up more than I intended to. How do I prove this in court and get the agreement changed or thrown out? My wife wants to divorce me and she is saying I signed to get nothing from her, even though I’ve put all my income into the marriage and our home.

Houston, TX
0 answers