First you should try talking to your ex about this. If he is unwilling or unable to stop his girlfriend from behaving this way, then you can file to modify the custody order, asking for language in the new order restricting her interaction with you. I honestly don't see her conduct as criminal but another attorney may see it differently.
Full Answer
As long as you and your ex can agree on how to divide up your assets, there is no need to involve lawyers or the court system. Even if children are involved, in most states you have the opportunity to separate in private, according to whatever arrangements the two of you agree on.
Contempt: If your ex simply refuses to follow your court’s order, consider filing a motion to have your judge hold her in contempt for disobedience. The judge will order her to comply, perhaps with make up parenting time, and you will create a record of your denied time in the event you need to modify the order later.
The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed. If the judge agrees that the motion has no merit, then the judge can remove it. An attorney can also file a motion for contempt, or a motion for sanctions.
If the judge believes that a person is filing multiple motions or requests for the sole purpose of running up his or her ex’s legal bills, the judge can order that person to pay the other side’s attorneys’ fees. In extreme cases, the person filing the motion can be held in contempt and forced to pay fines, or even spend time in jail.
Speak to the deceased's lawyer. The attorney can testify as to his or her impressions of the deceased. The lawyer can also testify to the following: Whether the deceased took the initiative in obtaining an estate plan. If so, then this factor helps show that there was no undue influence.
What are signs of undue influence?Isolation from friends, family, or a social support system;Dependency upon the abuser;Abuser's use of the victim's financial assets;Psychological abuse, threats and intimidation;Physical violence, including threats of physical violence;More items...
Inheritance can be stolen by an executor, administrator, or a beneficiary, such as a sibling. It can also be stolen by someone who is not a family member, or a person completely unrelated to the estate.
Undue influence is raised as an attempt to invalidate a will or amendment to a will. When someone argues undue influence, they are essentially saying that the testator was inappropriately influenced to draft or amend their will in a way that unfairly benefited someone else.
Categories of Duress in Contract LawPhysical duress. Physical duress can be directed at either a person or goods. ... Economic duress. Economic duress occurs when one party uses unlawful economic pressure to coerce another party into a contract that they would otherwise not agree to.
Under California financial elder abuse law, you must prove four elements to establish undue influence: (1) vulnerability of the victim, (2) apparent authority of the wrongdoer, (3) actions and tactics of the wrongdoer, and (4) an inequitable result.
Here are five legal tips to consider if you're fighting over an estate.Read the documents carefully. ... Know your state's inheritance laws. ... Consider out-of-court settlements. ... Look for outside evidence of the deceased's wishes. ... Hire an attorney.
People who commit inheritance theft, whether it's an executor, trustee, beneficiary or someone else, may be subject to both criminal and civil penalties. For example, a trustee who embezzles money from someone's estate can be charged with a felony or misdemeanor, depending on state laws.
To deal with greedy siblings:Cultivate empathy for them and try to understand their motives. ... Let them speak their peace, even if you disagree.Be understanding and kind to the best of your ability.Take time to think about your response to them if you feel overwhelmed or triggered.More items...
Can I contest Probate? To contest Probate, you must either be a beneficiary under the current or previous Will, a family member, owed money by the deceased, financially dependent on the deceased, or you were promised something that was not granted in the Will.
The three variables of undue influence are predisposing factors, vulnerability enhancers, and execution variables. When these factors are present is when the likelihood of potential undue influence will increase.
The precise test for undue influence again varies by state, but typically the contestant must establish that the undue influencer destroyed the free will of the person executing the will so that the desire of the undue influencer took over for the desires of the victim.
In addition to the advice of the other attorneys who commented, you may want to consider filing a motion to modify child support. In addressing a motion to modify child support, the court can reassess the costs of child-related expenses (e.g., daycare, health insurance) and can enter clear orders about payment of such expenses.
While it is difficult following a divorce to cut ties with your ex, especially when children are involved, you should not have to put up with him harrassing you, insulting you, or threatening you. If you believe that his actions rise to the level of being dangerous, you should consider reporting this behavior to the police.
I assume your agreement was filed with the court and made an Order. If so, the court will enforce it's order unless/until the court modifies the order. He can try to modify the custody arrangements if in fact your boyfriend is "not a good parent".
The first step in this process is to find out what the legal definition of harassment is in your state. A quick google search can usually do the trick. Generally, the legal definition is as follows:
My ex-husband is a narcissist, which pretty much ensures other areas of concern, but like narcissism, harassment is all about CONTROL.
If you are being harassed, there are a few ways you could try to address the situation before going to the police, however, that being said, you should still be diligent with your documentation and record how he responds.
A police officer told me once that to move forward, what they need to hear is that you have asked for the behavior to stop and then they need to see the behavior continue.
A devoted mother of two and an avid reader, Caedran has a master’s degree in English and teaches AP English Language and Composition & English 9 at the high school level. In the classroom and out, she is working to help others live their best life through deliberate and mindful healthy choices.
If you need help dealing with your divorce or a child custody matter, schedule an appointment to speak with our Washington State family law attorneys today by calling 509-572-3700. By: Zachary C. Ashby.
When a person files frivolous motions or requests hearings with no legal basis, they are often termed a “vexatious litigant .”.
In some states, like California, vexatious litigants are placed onto a public list so that judges and attorneys know who has been filing cases for no reason. In other states, like Washington, a judge may declare a person to be a vexatious litigant after that person files multiple frivolous cases or motions inside of a particular court. ...
If the judge believes that a person is filing multiple motions or requests for the sole purpose of running up his or her ex’s legal bills, the judge can order that person to pay the other side’s attorneys’ fees. In extreme cases, the person filing the motion can be held in contempt and forced to pay fines, or even spend time in jail.
If, however, a spouse’s attorney agrees that the other person is filing motions inappropriately, there are several steps which can be taken. The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed.
If the judge agrees that the motion has no merit, then the judge can remove it. An attorney can also file a motion for contempt, or a motion for sanctions. If a person has been warned by the judge to stop filing frivolous pleadings, then disobeying this command could lead to serious legal consequences. For instance, a person who has ...
Just as an ex-spouse does not appreciate attending hearings on baseless matters, judges also do not like it when parties waste their time. If you believe that your ex is using the legal system to harass you, your attorney can help you hold him or her responsible.
Generally, so long as the relationship does not affect your children, there is no requirement that you must end the relationship. However, your Judge may have a history of “punishing” anyone who has started a new relationship while he or she is still legally married.
Answer: Family law is state specific. I am not licensed to practice law in California and can only give you general information. Before you take any action you should contact a domestic litigation attorney licensed in California. You can ask the court to issue a new wage assignment with the proper amount.
For example, in Michigan, it is very common for paternity cases, where the parents are unmarried, to end in a “consent judgment”– this is misleading because it merely orders support, not visitation. To obtain visitation, the parents need to file a separate action.
Answer: If you thought the answer to your question is YES, you are right. It is possible for you to obtain custody of your son even though you are the father, and the same is true for most fathers. The maternal preference is antiquated and by statute or court opinion forbidden in all States.
Although there may not be a law against it, exposing your children to your significant other during a custody battle is typically very difficult on children. Recognizing this, the Courts are especially intolerant when a parent moves in with a new significant other during the pendency of a divorce.
That is to say that it can’ t be done, in some jurisdictions, if the Court finds that there was a meeting of the minds and that an actual agreement was formed then a Court may enforce the agreement, regardless if both parties signed the agreement.
Be on the offense, not the defense. The standards and procedural requirements vary by state, but, in general, parents who genuinely cannot afford to pay (e.g., have lost a job) will receive a reduced amount or a long-term payment plan. You may even request to have your arrears reduced or discharged.
But, if you and your ex are unable to resolve your disputes in an amicable fashion, you may end up in court. This can often be very difficult, because the codified divorce procedures that apply to married couples do not apply to unmarried folks.
If only one of you is the legal parent (because the other parent did not adopt the child), in most states the nonlegal parent will have no right to future custody or visitation of the child, and will have no duty to support the child.
If you are jointly raising children and you are both legal parents, you normally have the opportunity to work out a joint agreement without court intervention. But if you end up in court, the issues of custody, visitation, and child support will be handled just as they are for married couples.
On the legal front, however, breaking up can be a lot easier for unmarried couples than going through a divorce. As long as you and your ex can agree on how to divide up your assets, there is no need to involve lawyers or the court system.
If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.
If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.
And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.
The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.
The third party destroyed the love. The third party’s intentions were to destroy the marriage and the love between you and your spouse.
You may file a suit charging the other man or the other woman with intentionally interfering in your marital relationship. The adultery itself is not the crime; it is the actions of the other man or woman that determines whether a law has been broken.
When a narcissist husband fails or refuses to cooperate in providing financial information, California law allows you to compel him or her to provide the information. These motions to compel as they are sometimes called alert the court of your narcissist husband's lack of cooperation.
The narcissist husband's failure to pay support or delaying payment. Failing to pay support or delaying it is a way to exert control. It comes in many forms and includes unlawful deductions from support that were not court ordered.
Divorcing a narcissist husband who is the higher income earner means you are likely up against bullying and intimidation. This can be especially true if you have been a long time homemaker, stay at home mom or earn very little income.
The wife should not respond "in kind" when divorcing a narcissist husband. The wrong way and unfortunately the typical way many wives respond is "in kind", especially in high asset divorce cases. These wives meet unreasonable and aggressive behavior with their own unreasonable and aggressive behavior. This "fight fire with fire" approach ...
California law also gives the court the discretion to monetarily sanction the narcissist husband for the attorney's fees and costs he caused. This can be a powerful deterrent because you will have turned your narcissist husband's uncooperative conduct against him by having him pay for his misconduct.