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Messages - Waylon

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1
Only an attorney can say for certain, but if the renovations were paid with joint funds or commingled money then you may be able to recoup some or all of it. Ask your attorney about this.



Hello Soc,

In Ca.,  Living in house owned by MIL.  No rental contract as it was understood house would go to wife
as inheritance.   

We spent $40,000 on remodel and $600 a month "rent".  We are now divorcing.  Wife will stay in the house.
I have moved out. 

Is there any basis for me to ask for a recoup of funds that went towards the improvements, or am I just SOL?

Thank you.

2
Visitation Issues / Re: Father demanding makeup time
« on: May 14, 2013, 07:23:44 pm »
Am I wrong to say I don't agree with his wanting makeup time?

Why not agree to make up some or all of it? The parenting time is for the benefit of the children as well as the non-custodial parent. Even though it's his fault the time got missed, it seems wrong to shortchange the children for his behavior.

Also, reaching out a bit and doing this might help build a little good will and common ground between the two of you. He'll owe you one, so maybe this will allow you two to get along a little bit easier.

3
Custody Issues / Re: Leaving the Country
« on: Apr 26, 2013, 01:32:36 pm »
1) What does the parenting plan say about vacations?

2) Who has been designated as the "primary parent" or decision maker?


My grandmother is very ill and the children and me, would like to visit her for 6 weeks. We have done so in the past 3 years for 9 weeks and longer. But now I am divorcing. We have joint legal custody and I have physical custody. He does not give me his consent to leave.

I do not have a lawyer anymore. How can I legally leave ?

4
anyone know of any good studies in favor of no overnights for infants and toddlers that judges are taking seriously?

No, because none of those studies show that overnights are detrimental or should be prohibited. On the contrary, virtually all the studies done show that overnights for infants and toddlers are beneficial for the child.

5
Custody Issues / Re: 50/50 Custody battle in WA, Help Needed
« on: Apr 13, 2013, 09:08:19 am »
Please have a look at the pages here: ]Document, document, DOCUMENT!

It's crucial to document things properly in ANY court case, but especially so in custody cases.

6
You should begin by consulting an attorney in whatever country you're in right now...custody cases are tricky to begin with, but international custody cases can be off the scale in terms of complexity and pitfalls.


Hello, my situation is:

I am divorced for 5 years, and I have an 8- year-old son.

My ex-wife is going to marry an American guy  and take my son to America for good.
I am not a US citizen, and I live far far away from the US.

My wife and son will become US citizens 2 years from now, at best.
Before becoming US citizens they will be living there on K-1 visa or a provisional greencard.

I want her and her future US husband as guarantor to sign a Parenting and Acces to Kids Agreement so that I could come and take my son during summer vacations/spring break and etc back to my country or travel around the US or abroad.

Her American husband told me that such an Agreement could be just notarized with an American public notary and then, if anything goes wrong, US courts would accept it for litigation.

Is it true?

Do I need to have an attorney in the US to represent my interests when signing the Agreement?

Can I, as a foreign citizen, go to the US court with claims if my rights are violated?

Can my wife (while non-US citizen) and her American husband be defendants in US litigation if I will go to court?

Thank you for you advice.

Gonzago

7
Divorce News / Barbara Kay: The awkward truth about spousal abuse
« on: Apr 08, 2013, 08:04:29 am »
Barbara Kay: The awkward truth about spousal abuse

One of first-wave feminism’s great achievements in the 1970s was to end the denial surrounding wife abuse in even the “best” homes. Resources for abused women proliferated. Traditional social, judicial and political attitudes toward violence against women were cleansed and reconstructed along feminist-designed lines.

But then a funny thing happened. The closet from which abuse victims were emerging had, everyone assumed, been filled with women. But honest researchers were surprised by the results of their own objective inquiries. They were all finding, independently, that intimate partner violence (IPV) is mostly bidirectional.

But by then the IPV domain was awash in heavily politicized stakeholders. Even peer-reviewed community-based studies providing politically incorrect conclusions were cut off at the pass, their researchers’ names passed over for task force appointments and the writing of training manuals for the judiciary. Neither were internal whistle-blowers suffered gladly. Erin Pizzey, who opened the first refuge for battered women in England in 1971, was “disappeared” from the feminist movement when she revealed what she learned in her own shelter: She committed a heresy by asking women about their own violence, and they told her.

The most extreme IPV is certainly male-on-female, but hard-core batterers and outright killers are rare. In violence of the mild to moderately severe variety that constitutes most of IPV — shoving, slapping, hitting, punching, throwing objects, even stabbing and burning — both genders initiate and cause harm in equal measure.

Full story: The awkward truth about spousal abuse

8
Divorce News / Re: America must stop blaming divorce on women
« on: Mar 26, 2013, 11:35:22 am »
Yes, most divorces are the result of the woman filing.

I think this is a little misleading.

Divorces aren't the result of someone filing, the filing is a result of someone wanting a divorce.

It's like saying that "casts are the result of broken bones."

With that said, yes, women file for or initiate the majority of divorce actions. That doesn't necessarily indicate fault.

9
California State Forum / Re: Are We Separated?
« on: Mar 21, 2013, 04:06:40 pm »
Does anyone know?  Are we legally separated if I haven't been served?  I'm confused and I'm not sure what to do at this point to protect myself.

The BEST thing you can do right now is consult an attorney. Do do anything until you've done that.

10
General Issues / Re: Help
« on: Mar 09, 2013, 09:55:13 am »
gvasquez,

That's not how we work here. This isn't a law firm, nor do we provide advice over the phone. Sorry.



I would like to speak to a professional about my situation with my 13 year old. I have been divorced for several
years and have been an involved non-custodial parent but I have not been able to have contact with my daughter. Please provide me a number where.  I can reach you and i will call you back.

Thank you,

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