Is there an age where kids can say no to visitation?

Question: Is there an age where kids can say no to visitation?

Answer:

There isn’t a specific legal age in which a child can refuse timesharing or they get to choose. While it is something that is considered in the statute “The preference of the child” it is a part of the consideration in developing a parenting plan. In all instances it will strongly depend on the facts of the custody case and the child’s preference, a modification should be sought and there is a further procedure to have a Guardian ad Litem represent the child’s interests. 

Erin E. Morse Esq.

/by

What if my ex took the kids on vacation and hasn’t return for the exchange?

Question: What if my ex took the kids on vacation and hasn’t return for the exchange?

Answer:

The best thing you can do at this time is file a Motion for Contempt and Motion for Immediate return of the children and request expedited hearing time. It doesn’t sound like it will meet the basis for an Emergency. But if your ex were to go dark and refuse to respond and does not give you reasonable updates, then an Emergency motion might be appropriate.

Erin E. Morse Esq.

/by

Will I be in contempt if I use the money owed to my ex to pay off a debt he agreed to?

Question: Will I be in contempt if I use the money owed to my ex to pay off a debt he agreed to?

Answer:

Yes, you can be held in contempt for not following Court Orders. Generally, the Court does not like to see individuals engage in “self help.” You should file a Motion to enforce the Court Order in the ways in which your ex is failing to follow the Court Order, and request the alternative remedy that you are suggesting. Ask the Court to allow you to make this adjustment, or come to an agreement in writing with your ex related to this modification and get a Court Order Ratifying this.

Erin E. Morse Esq.

/by

If I pay alimony past the termination date am I obligated to continue paying?

Question: If I pay alimony past the termination date am I obligated to continue paying?

Answer:

If your court order has an end date, then you do not have any legal obligation to them to continue alimony payments. Anything you continue paying them will be a voluntary gift, and not likely recoverable. It is kind of you to want to continue making these payments. I would recommend making them in a different amount, and having in the memo line something that identifies it as a gift “recovery gift” “For medical expenses” or something that shows it is clearly no longer alimony. Making additional payments usually risks that you could not get that money back, if for example, you accidentally made more payments; the Court may not order the recipient to pay them back. But, as you are giving a gift for medical recovery, this is unlikely to turn into an obligation especially where the alimony was non-modifiable, it does mean it cannot be changed even if the request was to change it to continue.

Attorney Erin E. Morse

/by

What happens to a temporary parenting plan signed by both parties after a divorce petition is withdrawn?

Question: What happens to a temporary parenting plan signed by both parties after a divorce petition is withdrawn?

Answer:

There are some legal hurdles to this and not necessarily a simple answer. But, this agreement could be presented in a subsequent Divorce if you want to present it. However, under the relevant statute the Court is obligated to review all Parenting Plans to ensure they are in the best interests of a minor child. For this reason, if the other party asks the Court for an evidentiary hearing, and they ask for it properly, you may have some issues that go before the court and that this Parenting Plan could change.

Attorney Ern E. Morse

/by

Can I enroll my child in a different school without her father consenting to it?

Q: Can I enroll my child in a different school without her father consenting to it?

A: If you are not married and there is no parenting plan. You have the ability to make this choice for your child. If you do have a parenting plan, you should review your parenting pal for guidance. However, if you are married, this is different. If you and your husband do not have a divorce, there are no legal barriers to you for enrolling the children in the school of your choice. You and your husband have full custody of your children. It could be a shared parenting issue or factor in the event of a divorce, if one is not yet pending the only concern you will have is if they were to raise this lack of shared parenting with the court. But, since your children need to be enrolled somewhere in school, you probably need to simply enroll them.

Attorney E. Morse

/by

How can I get my ex husband to pay me for my attorneys fees which he was ordered to pay?

Question: How can I get my ex husband to pay me for my attorneys fees which he was ordered to pay?

 

Answer:

There are a number of ways you could handle this. You could file a motion for contempt and, probably not on the first motion, but in subsequent motions you could ask for a writ of bodily attachment meaning he would get arrested. You could ask that the court convert it to a judgment and move it to judgment collecting proceedings and seek out collections in that way.

Attorney Erin E. Morse

/by

Can I move out of state with my children without my husband if we are separated ?

Question: Can I move out of state with my children without my husband if we are separated ?

Answer: IF you are to move out of state and there is no pending divorce or other custody case, you can move. However, you must inform your Husband and tell him where his children are. Because the children were born during the marriage, you both have custody of the children until there is a Court Order which states otherwise.

Attorney Erin E. Morse

/by

My ex-husband refuses to put the vehicle he was awarded from our divorce in his name?

Question: My ex-husband refuses to put the vehicle he was awarded from our divorce in his name?

Answer:

The best thing to do in this scenario would be to file a motion for enforcement requiring that either the vehicle be sold or the title be transferred.

Attorney E. Morse

/by

What to do if my kid doesn’t want to do overnight visits or phone calls with the other parent?

Question: What to do if my kid doesn’t want to do overnight visits or phone calls with the other parent?

Answer:

The advice to this situation depends heavily on whether or not you have a Court order directing timesharing, as you do not want to be in violation of a Court Order. But if it remains to be an issue you can ask the Court to modify the timesharing and share the issues. You can ask that your child and their parent to attend reunification therapy in order to determine the best mode for reunification and to allow your child some say and a safe space to discuss their concerns directly with the other parent. If the issues are really egregious, a more aggressive approach can be taken in asking for a Guardian ad Litem to advocate for the child or for a Social Investigation if you believe one is necessary.

Attorney Erin E. Morse

/by