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In my divorce I have the option of refinancing the marital home abd buying out spouse.  house is for sale at this time and i reside there with by bio-kids. most offers on home are extremly low and broker says the market is bad "nobody is buying" note: my state an county has been in the news due to corrupt realestate brokers, mortgage brokers, appraisers, state attornies and even the county property appraiser along with other local gov. officials are coming under investigation.
I am at  a point were I can refinance the property.

1. question: how do i make a offer to buy out x.

2. how much info is needed to see if they are interested in the amount?

3. should i just send them and/or attorney a certified letter saying...." would you be willing to accept $xx,xxx as a buy out ?

4. how would you write a letter of buy out ?

5. what info should I include or exclude?

Does this childs bio-mother pay support also like the dad? and does she make attempts to visit this child? If the parents have not terminated there parental rights it would be hard for you to adopt. can you prove that you have been the primary care taker? If you have been allowing the dad to visit this child while there is a restaining order forbidding it doesnt look good for you or the gardian. If there hasnt been any problems and the child enjoys the visists from dad then that seems like a good thing. think about the answers to these questions and what would be best for this child before proceeding, I know its hard to put your own desires aside but, you really have to do whats best for the child.

I dont think a judge would vacate an existing court order unless she can prove it's in the childrens best interest, which i cant see how especially if it causes your child to have less time with you, did she just recently move to texas? and does your divorce decree or final orders allow such a thing? if not then she should pay the cost of having your children have parenting time with you. My thought are that she might be able to ask to have the visittion modified but, even in this regard she is going to have to show that this is in the best interest of the children. even if she argues that with this move she can earn more money it still doesnt justify up rooting the children when you can provide the same stability and continuity with the children in your care, you shoukld ask the court that a change in custody is in order (if you want custody and to raise your children)  

state of florida


just divorced and have to refinance home to take out x's share of equity.

questions:

1. how is this done with both our names on the first mortgage?

2. does the person being broughtout have to quick claim the deed before the other can refinance?

3. should i tell the lender that i'm trying to refinance due to a divorce?

4. what type of appraisal is the best, most detailed to get the homes true value?

I would have never moved. you say that your daughter loves that house, I assume she loves you as well and even more than that house.
i would imagine your daughter would be more concerned with losing you than the house, I havent read all the previous responses but, it seems like your priorities are a little warped. why not build an addition to the house for yourself and daughter (just a thought). you reall should address this matter with soc....couldnt hurt. I'm sure you wouldnt let your daughter go into a life threatening surgery without a second opinion
the decisions you make now will affect your child...for life so, get a second opinion.  GET SOC'S OPINION

It's best for you to work things out with her, and not let it go to court.
your gonna have to learn to kiss her xss. (for right now)Do not mention your girlfriend and dont have her around your soon to be x. Be civil!! so what if she wants to blow of steam and say's things to you...stay focused!!! your goal is to spend as much time with your child as possible. sounds like this child is very young,  mom has got to get a life without you and being with her child on a part time bases. If you continue to piss her off and bring this child around your girl friend your gonna hang yourself. A judge can reject all your reciepts and except it as a gift, and if your doing more than child support guide lines the judge can make you continue.  
Is your girlfriend with you everytime the child is with you?
how much time do you actually spend with this child...alone?
parenting is much more than just spending alot of money you basicly already proven yourself to be comfortable as the non-custodial parent.

My advice is to put the girlfriend on hold till all this is over....if she loves you and your child she'll understand

Why doesnt your son have his child? appears that you have takin the responsibility from both biological parents, so let it be, if you dont mind loveing and raising the child... then do so. dont wait on the biological parents to get it together continue being the childs parents. make sure you have legal custody first and get child support established for the child from both the parents (I bet that will get there attention might even encourage them to be more active) even if you dont think you need the child support, put it away for the childs education etc. you never know what tomorrow may bring, also your son is taking advantage of this stuation as well...so make sure they both have to be responsible for supporting this child. (some tough love is in order).
plus the support money could pay for other activities for the child to keep him busy or a double sccop of his favorite ice cream when he maybe feeling down. just give him as much love as u can and dont feel sorry for him...he is truly blessed in having the best parents in the world!!!   YOU! .....and dont you forget it.

p.s. dont let the biological parents run over you by interfering with your sons daily activities...it's o.k. to say NO we have plans  

It's hard to believe that you USE to pay your support threw the state (of  florida?) and now she just withdraws from your bank account? how in the world did the state of florida ever allow you to do that?? was there ever a court order for support?

I had the same type of arrangement before getting custody of my children and the state of florida screwed me good, the other parent said that i didnt pay support and when I produced evidence and the other parent admitted to the arrangement. the state concluded that it was not court ordered support so in a nut shell it didnt count. and started me over threw them along with thousands and thousands of dollars in arrears...afer that my attorney was so mad she filed a complaint and moved her pracice to another state.

I have custody of my children now and yes you guesssed it I get NO child support.

with your ex's new degree her income should improve.  move back to florida and be with your son, you never know she could change her mind snd movr to az you could show her the benefits of the move for her and your son, maybe better carreer opportunity in az

Dont worry seems that your doing well by your children, she could be more useful to the children by contributing child support, I'm sure your attorney will bring this up.  the judge will not be happy when he/she finds out she's not paying child support.

you'll probably leave court with a order for her to pay child support.

I have had some experiance in this matter as my children 9 and 11 refused to go back to there custodial parent and a few things I have learned is...you have a right to protect your children!!  please DO NOT tell your children that you will go to jail if they dont return, try to find out why they dont want to return, have someone you can trust that will be neuttral find out why (not cps, police, or any legal official) my child would not tell me the problem and when the other parent came to pick up children they refused to leave...then the other parent called the police who spoke to me and I informed the police that the children did not want to go and they are welcome to come and get them, of course they never came and the children stayed with me for about a week and one of the children felt safe enough to tell of sexual abuse to a family member, who reported it. (as close as i am to my children i dont no why they just didnt tell me but, i soon found out later why they wouldnt tell me) when the child was interviewed by cps the second time it was at school in front of the counselor and the perpetrator so of course the child froze and said nothing. the child was also told that if they didnt return that I would be in trouble and might go to jail....so feeling once again helpless and for the love and prtection of me the child went back.........and was sexually abused again. later after finally geting custody after the perpetrator was caught (and let go and since fled the country) My children were always under the threat that if they told me what was happening that the other parent would have me put in jail and they would never see me again and other things would or could be done to me(that i wont mention) this children believed this because they witnessed first hand when i would pick them up for my parenting time the other parent threaten me withcalling the police and the police show up in droves and getting in my face forcing me to leave and the children not being able to come with me...they bdelieved the other parent had all this power and they didnt dare tell the police because the police believed everything that the parent said even when the child said they wanted to go with me the police spoke to them and said no. these children thought they were protecting me and didnt want to take the chance of never seeing me again. (there were other things that were done to them..psycological things I wont mention) please dont show your children that someone or anything has power over you, you are there comfort and protector....If this kids happen to run away from mom, they need to know they can run to you and be safe cause if they feel the need to run they will run and you dont want tem to be in the street, judges will allow children at that age to speak, mine got the opportunity to do so. Let them express there feelings.  better now then later after the damage has been done. those are your children...No lawyer, judge, cps worker or any state agency cares more for your childrens well being than you and dont you forget it!! please listen to your children