Question: What happens to a temporary parenting plan signed by both parties after a divorce petition is withdrawn?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

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

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