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

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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

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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

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Can I change my children’s last names to be hyphenated during divorce?

Question: Can I change my children’s last names to be hyphenated during divorce? Answer: You could ask for this relief in the Divorce. It would be the Court who would make a best interest analysis if this is in the best interest of the minor children. It happens frequently in Paternity cases if the child […]

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