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Sep 16, 2024, 01:34:34 PM

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Can I write a minor child out of my will? He is completely alienated and wants nothing to do with me.

Can I write a minor child out of my will? He is completely alienated and wants nothing to do with me.

You may specify the distribution of your assets in whatever manner you want in your will. Third parties (such as your ex-spouse or children) may challenge the will; what happens after that is dependent upon how the will is written, the person executing the will (a trusted attorney), and the judge. 


If you want to make absolutely certain where your material assets end up, you may want to start transferring them to the intended recipient(s) now. If the assets aren't yours when you pass away, they can't be included in a challenge to your will.


Can I hold my ex in contempt for [insert violation here].

Can I hold my ex in contempt for [insert violation here].

Possibly, if the charge (violation) has any substantive merit to it. If it's frivolous you'll have a more difficult time getting to court. Even if you can, ask yourself if it's really worth the time and money it will take to press the issue. 


We suggest not getting too fractious over things that don't really bear on the child's actual well-being. Matters that affect the child's mental or physical health, educational development, and general socialization, however, are worth taking to court. Anything that genuinely impairs a child's development in life is cause for concern and action.


Is it legal to record telephone conversations between my child and my ex?

Is it legal to record telephone conversations between my child and my ex?

Yes, but with some conditions. As a parent, you are legally able to make decisions for your child, and you may also give consent for him or her, just as you would for medical treatment and other parenting responsibilities. 


If you live in a 'two-party' State, your ex must be informed that you are recording the conversation. You could also use an answering machine that continues to record even if the phone is picked up after it starts. If the message starts and the person talks, the court will reason that they knew they were being recorded (since that's what answering machines do). 


As for making the child aware of what is going on, one suggestion is to have the tape recorder in plain sight when you answer the phone or when you call. Have your child with you when you press the record button, and make the note of time and day on the tape so he/she sees it. Your child won't be part of the decision of whether or not to record the call, but will be aware of it.


Does my State have 'move-away' laws?

Does my State have 'move-away' laws?


All States have some laws governing move-aways by custodial parents; unfortunately, most move-away laws place the burden of preventing the move on the non-custodial parent.


View these articles for information on preventing move-aways:

The custodial parent sometimes sends me notes and emails, saying things like 'this will be your last visit' or 'you won't see your child anymore', etc. How should I respond to this?

The custodial parent sometimes sends me notes and emails, saying things like 'this will be your last visit' or 'you won't see your child anymore', etc. How should I respond to this?

You should document this and make copies of these notes (as well as any subsequent ones you may receive) available to your attorney and/or the evaluator if there is one involved.


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