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Children and Divorce

This category covers questions concerning the emotional effects of divorce on children, as well as the best way for parents to make the divorce easier on the kids. It also covers different family problems children and parents face when dealing with the divorce of parents, and how to deal with them.

379 Questions

Can I go to school lunch with my son even though it is outside of my visitation hours my ex has custody during the week and has threatened to file on me for break of contract if I go to school lunch?

Its risky but you shouldn't do it if you would like to continue to see your child.

From the asker......it's only risky if she can legally stop me from doing it. Otherwise, she's just trying to blow smoke again, and I'm tired of her dicating everything I can and cannot do with my son. I want to go to lunch so I can spend more time with him. I don't see the harm in that, but if she can legally stop me from doing it, then you're right, it's too risky. I don't want to make things difficult for anyone, but I don't see how me going to his school affects her, or even cuts into "her time"

Take it into account that if you keep doing it, the police might get involved. Also, you might actually be ruining your sons lunch, by not allowing him to play with his friends by doing that. Also, if you kept doing it, i pretty sure she could legally stop you.

From the answer..... I believe that if you are strongly passioned about seeing your son try to find a calm way to be able to see him. if you would simply like to eat lunch with your son you can try and talk to the school principal of secretary or some one in that area, you and possibly bring a police man that can supervise when your at lunch. Its just an idea but you need to seriously look into getting through to the mother because she has custody of your son and try to make an acceptable agreement that she may consider. If you have to go as far as getting a lawyer or going to the court or any way you would like just to be able to see your son.

I am in divorce proceeding for divorce and my spouses attorney is asking for my immigration status so am I obligated by law to share my immigration status in civil divorce proceeding and court?

  • If you do not already have a lawyer it is wise to get one to protect your rights. If you do have a lawyer then your lawyer should be advising you whether you need to show your immigration status. If you cannot afford a lawyer the courts will provide a lawyer for you.

Stepdaughter who lives out of state has asked to come live with me so she can be considered a resident for college even though she knows I am divorcing her dad what are my legal rights?

Since I'm not sure what you are asking, I will answer both scenarios:

If the stepdaughter is of legal age (usually 18), and if you want her to live with you, then you and she both have every legal right to make that choice.

But if, in your question, you are asking if you have to let her move in with you, then no, you do not. Once you and her father separate you are not obligated in any way towards your stepdaughter.

What happens if you help a friend cash a check on your bank account and then later find out it was fake and old stolen from her dad and the dad reported it?

Report her to the police for fraud. Take her to small claims court for the money. Go to the police department that has jurisdiction over where the check was cashed (i.e., if the check was cashed at an Orlando bank, contact Orlando PD). Ask to fill out a statement in which you admit to cashing the check but deny all knowledge that it was stolen and forged. The reason you want to do this is that if the Dad already made a report, it's going to be very hard for you to prove you didn't know what you were doing and you could be charged for uttering a forged check. By proactively making a statement to the police, you're saying you're not guilty and you had nothing to do with the incident. This is important because in many states uttering a forged check is a felony. Believe me, this is what I do all day. Make a statement and hope your friend tells the truth.

Is it violating visitation orders to visit a child at daycare everyday?

Unless there is some sort of concern regarding visitation, such as it needs to be supervised, and the visitation is specific to the location, times, dates etc, then no, this is not a violation of a court order.

Since the visitation is happening at daycare, and the child is not being removed from the daycare centre during non-court ordered visitation, there is no legal issue.

Can spouse relocate with children during divorce?

No in most states, and even than, the separated parent can file an injunction to prevent it or have the children returned.

How long can you wait to send an invoice?

I would check with your state laws on statute of limitations for presenting invoices.

Calculate NC child support?

Child support is based on a formula of income and percentage of time spent with each parent.

Can a parent with full physical custody move to another city with the child without the visiting parents consent?

That depends on the custody order and the distance of the move. If the custody order mentions moving then review those provisions. If the move isn't very far then it shouldn't be be problem. If the move is some distance away and would create expense for the non-custodial parent you may need to make some agreement regarding sharing the expense or driving, meeting half way for example. If the move involves a long distance the other parent may file a petition for a court hearing. Before you move you should call the attorney who represented you in the divorce and get some advice, or speak with a legal advocate at the court.

That depends on the custody order and the distance of the move. If the custody order mentions moving then review those provisions. If the move isn't very far then it shouldn't be be problem. If the move is some distance away and would create expense for the non-custodial parent you may need to make some agreement regarding sharing the expense or driving, meeting half way for example. If the move involves a long distance the other parent may file a petition for a court hearing. Before you move you should call the attorney who represented you in the divorce and get some advice, or speak with a legal advocate at the court.

That depends on the custody order and the distance of the move. If the custody order mentions moving then review those provisions. If the move isn't very far then it shouldn't be be problem. If the move is some distance away and would create expense for the non-custodial parent you may need to make some agreement regarding sharing the expense or driving, meeting half way for example. If the move involves a long distance the other parent may file a petition for a court hearing. Before you move you should call the attorney who represented you in the divorce and get some advice, or speak with a legal advocate at the court.

That depends on the custody order and the distance of the move. If the custody order mentions moving then review those provisions. If the move isn't very far then it shouldn't be be problem. If the move is some distance away and would create expense for the non-custodial parent you may need to make some agreement regarding sharing the expense or driving, meeting half way for example. If the move involves a long distance the other parent may file a petition for a court hearing. Before you move you should call the attorney who represented you in the divorce and get some advice, or speak with a legal advocate at the court.

What does it mean when the court states a child has been emancipated?

The Rights of Minors Who Become Legally Recognized as Adults

Under the law, a minor can beemancipatedby the court for one or more of several reasons. To be emancipated means that the child is “legally” an adult and no longer requires parental supervision even though they may not have yet reached the age of majority (age 18 in most states).

If a minor is granted emancipation by the court, the child gains certain rights and benefits normally reserved for adults. These include the right to sue and bring actions in court without the need for an adult filing as “Next Friend”, the right to marry and the right to join the military without parental permission.

Emancipated minors may also choose to live where they please, enter into contracts and own property. They can obtain medical care without a parent’s signature and they can manage their own money.

But emancipation isn’t just about benefits. An emancipated minor is also responsible for any contracts he or she signs and can be sued in court just like an adult. They are responsible for their own well-being which means that they must earn their own living, pay their own bills and find their own place to live – their parents will no longer be responsible for these things.

Emancipated minors are also no longer eligible for state assistance normally offered to children. They will, however, still be eligible to receive any assistance normally offered to adults.

Some states also recognize “partial” emancipation as an alternative to complete emancipation. In these instances, the child will be awarded certain rights, such as the right to manage their own money or the right to choose their own school but will still fall under their parents’ supervision for all other matters.

You have 2 children from a previous marriage Why is my new husband responsible for your children's college education?

He isn't unless he chooses to be. Parents are not responsible to pay for the higher education of children regardless if they are biological, adopted or living in a blended family. Bearing the financial obligation of sending a child to college is a choice not a legal obligation.

What is the best age for your children if you want to divorce their emotionally abusive father?

Answer

No matter what age children are it is hard for them when their parents divorce. Even if they are 50 years old. But if you and your husband are already thinking of getting a divorce then things must be pretty tough right now. Just be sure that when you do decide to get a divorce just let them know that it is not their fault.

Answer

Any age is appropriate, as long as you get out of there as soon as you possibly can.

A bit more:

If your husband is emotionally abusive to the kids or to you, you need to get out now. To remain in a marriage and subject the children to any form of abuse will cause far, far more damage to them from coming from a broken home. Actually, in this particular situation, I would consider it a "broken home" - I would consider it mending their home life.

Growing up with an abusive parent (verbally, emotionally, physically,etc.) can cause children many problems, both while young and after they are grown. It can result in them having very poor self-esteem, deep seated anger and resentment, etc., and it can also result in them possibly being emotionally abusive to their own children one day.

So please, for yourself and your children, leave your husband now. The longer you stay, the more damage he can cause to all of you.

How do you get child support stopped once the order is satisfied?

Contact child support enforcement or the court that issued the child support order and make an official request to have the order terminated.

Can you file for retro child support payments if awarded custody of your child in the state of Utah?

Yes, if you had custody of the child during the period for which you are seeking retroactive support.

What should you do if a lawsuit was filed against you yet false information was knowingly told by plantiff in petition for custody?

You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.

You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.

You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.

You or your attorney must raise that issue during the hearing. You provide evidence to show the plaintiff is lying to the court or ask the court to order the plaintiff to provide proof of their claim. You do not wait until the matter is over to claim the plaintiff lied.

What is an attorneys conference before hearing does the discussion have legal merit?

Quite often attorneys will try and see where they are at in regards to settling the matter without the Judge having to decide on behalf of the parents.

In some places, this may be called a Settlement Conference in hopes to avoid taking a hearing all the way to a trial.

Is there any legal documentation of who a child's Godparents are outside of a church?

There is not usually any legal documentation of Godparents. This is a private agreement between parents and Godparents. Sometimes Godparents are listed in a Power of Attorney or a will.

Where can you flee with your child from ex?

If you are abused there are many shelters around and the social workers and police can help you with that. If you want to take your child and run when there is no illegal things been done (disagreements with divorce etc), the actual running that you are prepared to do will be the illegal act and Answers.com can not help you with that.

Does a grandmother need written consent to take grandchild traveling in the states?

No. There are no checkpoints as there are between countries so there is no way for the government to regulate that. It is perfectly legal for grandparents to travel in the US with their grandchildren without any documentation. Really no one need any documentation to travel with anyone inside the country. If you want to go to Canada, a notiraized letter that has the signatures of both parents is required.