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Q&A Archives

Questions

Unmarried Division of Assets

Unmarried Division of Assets

If we are not common law married, how do we split everything up?

If you are not common law married, but have joint assets and debts, you would need to file a Partition Action in the District Court and ask that the Court to divide everything.

Even Visitation Rights

Even Visitation Rights

Can I get 50/50 parenting time with my wife?

The Courts are awarding men significant amounts of parenting time with their children. Although the Courts don’t usually split the parenting time equally, men are getting 35% to 40% of the time in a lot of cases. The amount of parenting time will depend on the relationship that you have already established with your children, how much time you have routinely spent with them, their ages and if they are old enough, and their desires will be taken into consideration.

Primary Custody

Primary Custody

Can I be named the primary custodian?

In many cases, men are awarded the primary care and control of their children. The Court will consider several factors such as which parent had the role of being the primary care giver when the family was in tact, the time each parent has available to spend with their children, and how closely bonded the children are with a particular parent.

Visitation Rights

Visitation Rights

My wife says the kids don’t want to see me. Can I force them to visit with me?

The younger the children are, absent allegations of abuse, the less their wants and desires are considered by the Court. The Court will order that you have visitation with your children. Once children become teenagers and start thinking for themselves, so long as your ex-spouse is not interfering with your visitation rights, the Courts will not force a child to visit with his/her parent if they don’t want to do so.

Can Father Change Child’s Last Name?

Can Father Change Child’s Last Name?

Is it possible for the father of a child to have the child’s name changed to be the same as his? Paternity has been established post birth of the child, parents never lived together, father is paying child support and has visitation, child is living with mother, and mother would possibly disagree to name change.

Yes, it is possible to change the baby’s last name to the father’s. If a paternity action has been filed, it can be requested in that action.