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  1. I

    10 month rule

    In many states, it is true that a child born within a certain length of time after the divorce is final is legally the child of the ex-husband. Your friend should talk to her lawyer. I believe that the pregnancy can be addressed in the divorce papers; that is, the ex-husband can be legally...
  2. I

    mom

    If the age of majority in your state is 18, then your son should be able to change his name legally to whatever he likes. If not, then he will need his father's permission. I believe that the parents can put any name they choose on the birth certificate.
  3. I

    Disablity and Spousal Support

    Possibility. It depends on how long she's been married, the disparity in income, the state they live in, and the judge's opinion.
  4. I

    Can I keep my son if I feel he's in danger?

    In my opinion, no, it's not justified. I understand your concern, but you really have no evidence that he's in any danger.
  5. I

    Won't honor visitation!

    Your ex is in contempt, and you should go back to court over this. Your state may have the forms and instructions online. If not, you should be able to get them from the courthouse. Don't wait too long to do this.
  6. I

    Help for mother of 5

    Happy to help. Good luck to her.
  7. I

    Help for mother of 5

    Your friend may be able to find the forms and instructions online. If not, she should be able to get them from the courthouse.
  8. I

    Trying to stop grandparent visitation

    Grandparents do not have any inherent rights to visitation, and it isn't common that visitation is awarded. However, if they do file a petition, you should absolutely hire an attorney to represent you, even if you have to borrow the money. Good luck.
  9. I

    Abandonment

    http://www.courts.mo.gov/page.asp?id=1404
  10. I

    Paternity Testing

    How old are the children, how long have you been paying support, did you sign the Acknowledgment of Paternity forms, were you married to the mother, and do you have a relationship with the children?
  11. I

    Re: Wanting To Relocate To Colorado

    Just go back to court for a modification of your custody order. The father gets primary, you can ask for visitation during the summer, school breaks, etc. It's pretty standard. You'll have to pay for your son's transportation to CO most likely.
  12. I

    not knowing

    You really shouldn't be doing anything unless you're an attorney. Your wife has to handle this, although you can certainly get information for her. I doubt that she can file and participate from Utah, but she can call the county courthouse in Illinois and ask.
  13. I

    sneaky people

    Unfortunately, there is no other route to take unless she can travel to Illinois herself and feels confident enough to represent herself in court. It will appear that she abandoned the children unless she can prove that she has maintained contact, and it doesn't seem that's the case. She may...
  14. I

    sneaky people

    Two years is a long time without contact, and if she never attempted to legally change the situation in that time, it will be difficult to regain custody IMO. If she wants to try, she should contact an attorney in Illinois.
  15. I

    Seeking abandonment or termination of custody

    You can't adopt your own children. You may be able to adopt your husband's children. The point is that your husband is the only person who can petition for termination of rights. At this point, you are a legal stranger to the children, as Gail said. In order to terminate rights, most...
  16. I

    divorce decree

    What I said is that, normally, she is entitled to the retirement benefits that accrued while you were married. You need to consult an attorney to determine how much of your pension that really is. I think military pensions may be a bit different, so you should consult an attorney who is familiar...
  17. I

    divorce decree

    Here's the million dollar answer: Retirement benefits are considered marital assets that accrued during the course of your marriage. That is, it's not like alimony or maintenance. So, whether or not your ex remarries should have no effect on her claim to a share of the benefits. If she...
  18. I

    Child may be emancipated

    If she has dropped out of school, and she is 18, then she may be emancipated. However, your state's law may determine that, and you didn't name her state. If the school district considers her to be a homeschooler, then that's what she is. I don't know how you can prove otherwise...
  19. I

    Child may be emancipated

    Homeschooling is not necessarily a "program". Most often, a parent provides the schooling for the child. You can check for homeschooling requirements in the child's state. Many states and school districts require documentation of the homeschooling plan, and some require the permission of the...
  20. I

    divorce decree

    I believe this means that she can go back to court, as she threatened, and get an order for a share of your retirement benefits. Even if you give her what she wants, and have it notarized, she can still go back to court for the QDRO. Notarized agreements are not usually binding in court. I...
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