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  • User asked:
    If you have a prenup agreement (3 months old) and want to file for an Annulment because one party has changed their mind about having a child, is the prenup terms regarding paying the other spouse in case of divorce, still in effect, or does the Annulment void that? Eric
    • Arlene D. Kock Arlene D. Kock replied:
      Much more information is required to understand the surrounding circumstances on creating the prenuptial agreement. It’s very important for you to meet with an experienced family law tourney and review the prenuptial agreement and your circumstances to get the right answers.
  • User asked:
    I am not sure how to best approach a difficult situation. Have been in a relationship for 5+ years. Met a woman who was a nurse while I was a medical resident. She had 2 children from previous marriage. Upon divorce she gave 51% custody to father who is wealthy. She left the divorce with deed to an apartment worth well over 800K in a nice area in Brooklyn (which in itself is a complicated situation in court, which I have been funding) We always had a mutual understanding that we would return to California and she would come with me. I had a job offer after completing fellowship leading a move to California while my daughter was 9 months. For the last year, I have arranged air travel and have had my partner and my daughter live in my residence for 50% of the year. For a large portion of summer, the mother and all 3 children lived in California. During the school year, averaged about 3 weeks a month that the mother and my daughter where in California during the time the mother did not have her obligations to her other children in New York. I have been funding a court case for over a year now for the mother to have custody of her children to move to California. I was always fighting with her during her divorce settlement not to agree to those terms with the understanding of our goal at that time to leave to California. The case is going poorly, and now she is no long unwilling to travel to California with my daughter as initially verbally agreed upon. Our relationship is entering a volatile state and I am not sure how to proceed. I have a significant increase in annual income since I met her. But I have significant medical school debt 400K. I have continued to pay for her ability to live in the apartment she is living in which is about to go into Foreclosure. I do not believe my partner has the ability to reasonably care for all three children based on her lack of social and financial support. I am now reaching a point where I will be spending less time with my daughter. I feel that I need to made arrangements to secure some level of guardianship. We have a New York domestic partnership certificate. I have used that to support her since being in California with my jobs benefits. Overall ugly situation, no easy solution, hoping for some guidance.
    • Arlene D. Kock Arlene D. Kock replied:
      It’s not possible for me to provide an answer to your present situation because it sounds like the case is being held outside of California’s jurisdiction. The standards for the move away from the present jurisdiction to California is controlled by the courts were the case is presently pending.

Legal Network 2016
Legal Network 2016 Arlene D. Kock


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