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Q&A Archives

Questions

Concern for Daughter’s Well-Being

Concern for Daughter’s Well-Being

I have a 15 year old daughter from a previous marriage. My daughter has become almost completely withdrawn. She is currently not attending school, is on anti-depressants, and is borderline anorexic. I have extreme concern for my daughters well being and her mothers abilities and intentions. In 15 years my daughter has never called me back after I leave a message for her and I rarely get to talk to her on the phone despite numerous attempts. Until recently, I have had regular parenting time with her. However, her mother has come to me and said that my daughter no longer wants to visit. As you previously indicated, the court can’t force her to spend time with me. My question is what should I do to ensure that she is in a safe situation, that not seeing me is in fact her wishes, and that she and me are not victims of alienation which I believe this to be a classic case of.

You should file a motion to enforce the parenting agreement and request a modification of the parenting time. The court will most likely appoint a child and family investigator which is either an attorney or mental health professional to investigate and find out what is going on. They will interview everyone including your ex, your daughter, people close to her or who went to school with, teachers or counselors she may have known while attending school, you , your new spouse or family if you have one, and any other person they deem to be of interest to your situation. You can voice your concerns to the CFI. The CFI can recommend that she get a psychological evaluation or be evaluated for depression or anxiety and obtain the proper treatment, if any.

That is the only way you’ll be able to gain insight and knowledge as to what is really going on with your daughter.

Custody Concerns Over Pregnant, Out-of-State Ex

Custody Concerns Over Pregnant, Out-of-State Ex

My ex is living in Tenn. She says she’s pregnant with my child. What do I need to do to start a custody battle if that child is mine?

Is she your x-wife or x-girl friend? Were you married or divorced in Tenn? If your x is living in Tennessee permanently and the baby is born in Tennessee, Tennessee will have jurisdiction over the child to determine custody rights.

If your X consents, you may be able to have your DNA matched against the unborn baby’s DNA. If that is not possible, after the baby is born you would have the right to file a paternity action and request a DNA test. If it is positive and you are the father, then your next steps in court would be establishing parenting time, decision making and establishing child support.

Child Support Modifications due to False Information

Child Support Modifications due to False Information

My ex-husband and I had our divorce finalized in April 2007 after being separated almost 7 years. We have 1 daughter 8 years of age. In our martial settlement we finally agreed he’d pay $200per month plus provide medical, dental and life insurance for her. In court I found out that he lied about the amount of money he makes, he claimed alot less then he actually does make, and he did not provide pay stubs nor any past tax returns so they just went by what he put in his financial affidavit. I was granted that amount but he still does not provide any of her insurances. Can I go back to court to up the amount since he has not provided for her as he has agreed? And if so do I need a lawyer?

If your x-husband lied about his income, you can and should take him back to court. Did either of you have attorneys at the time of the divorce? You certainly do need one now.

Is an Affair Grounds for Suing?

Is an Affair Grounds for Suing?

Is it true I can sue the mistress of my husband if she knew we were married and broke up a happy marraige?

No, you cannot sue. Years ago (probably at least 50) you might have been able to sue, but you definitely can NOT do so now. We are a no fault state. It doesn’t matter who had an affair with whom or why. It’s unfortunate, but that is the law.

Jurisdiction of Answers

Jurisdiction of Answers

DOES THIS QUESTION & ANSWER APPLY TO OREGON & WASHINGTON STATE? I AM THE NEW WIFE & DON’T WANT MY BANK ACCOUNT GARNISHED. Thank you.

Yes