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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: My husband kicked me out of the house and then changed the locks and then left town with all my stuff still inside?

My husband was abusive and this included financial abuse. He started a fight to kick me out of the house. The cops came and he left for 3-4 days they said. He came back to get me. He has changed the locks and the code to the garage. I am homeless and pennyless yet my house with all my stuff sits... View More

James L. Arrasmith
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answered on Mar 15, 2024

If you have been unjustly removed from your home, especially in cases involving domestic violence or abusive situations, you have rights that need to be addressed promptly. The law offers protections to ensure that individuals in such circumstances are not left without shelter or access to their... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: CPS Stokes county

Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Am I able to discard my ex husbands property? He had 60 days from divorce in December 2022.

The divorce states that I am to reside in the rental home, but no other information about his belongings in the decree. It was an uncontested divorce, he did not show up.

James L. Arrasmith
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answered on Mar 15, 2024

In situations like yours, it's important to approach the disposal of your ex-husband's belongings with caution. Given that he had 60 days from December 2022 as per the divorce decree and assuming this time has elapsed, the next steps depend on the laws of your specific state or country.... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a married person who has power of attorney for spouse who is mentally retarded file for divorce and sign for them?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2024

No. A power of attorney does not allow the holder (also known as "attorney in fact") to practice law; signing documents to be filed in court in behalf of another person would be practicing law. It would also be a conflict of interest for one spouse to sign papers in behalf of the other... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex wife ask for a ua that I provided the day she asked and another because she wanted it observed now she wants a hai

Hair folical too is this excessive ?

Rich J. Peters
Rich J. Peters
answered on Mar 15, 2024

A hair follicle exam can be a perfect way for you to alleviate any and every concern as it provides a historical assessment of your consumption of anything illegal. But, I would need to know more about your situation to determine whether her requests are excessive. Are there court orders in place... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can a non-custodial parent prevent summer extracurricular activities that the custodial parent has planned.

I have sole physical custody and joint legal custody and usually have my 13 year old daughter 90% during the summer. I am planning extracurricular activities for the summer for my daughter. My daughter and I have agreed on a community camp close to home with her friends and walkable (which is huge... View More

James L. Arrasmith
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answered on Mar 15, 2024

In California, if you have sole physical custody and joint legal custody of your child, you primarily determine where your child resides and the day-to-day activities. However, joint legal custody means both parents share decisions regarding significant aspects of the child's life, which can... View More

1 Answer | Asked in Criminal Law and Family Law for California on
Q: I asked my adult daughter to temporarily keep some cash safe for me. Instead she spent it. Was that a crime?

After failed efforts to transfer money from venmo to my bank, I asked my adult daughter if I could transfer the money to her venmo and then physically transfer the cash myself. She agreed but kept stalling for months. She finally confessed to spending my money and “promises” to pay me back... View More

James L. Arrasmith
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answered on Mar 15, 2024

Under California law, what your daughter did could be considered a crime, specifically misappropriation of funds or theft. When you transferred the money to her with the understanding that she would hold it for you temporarily, she had a legal obligation to keep that money safe and return it upon... View More

2 Answers | Asked in Family Law and Juvenile Law for California on
Q: Y don’t attorney really investigate accusations from DCFS

If DCFS make accusations but twist everything around y do attorneys take their word for it not caring the mental damage it’s causing

James L. Arrasmith
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answered on Mar 15, 2024

In California, attorneys have an ethical duty to represent their clients zealously within the bounds of the law. However, when dealing with accusations from the Department of Children and Family Services (DCFS), attorneys must navigate a complex web of legal standards, evidence, and procedural... View More

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1 Answer | Asked in Family Law, Education Law, Juvenile Law and Health Care Law for Georgia on
Q: Will the parents of child with cancer be found guilty by judge for school absences if documents provided by doctor?

The school board went and filed a pre warrant for our arrest and now have to go to court, the lady came by house last Thursday school was closed Friday and Monday she asked me to get medical records/document from doctor excusing my child for unexcused absences,I said I would, I went that Friday but... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing legal action for your child's school absences under these circumstances can be incredibly stressful. However, when medical documentation is provided to explain absences due to a serious health condition like cancer, it significantly affects the situation. The court typically considers... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Indiana on
Q: I'm disabled and my husband has residential status, how will getting a divorce affect my disability?

We married September 26th 2020, he got resident status November December 2023 and abruptly left me and went back to Africa without telling me? What can I do if he is playing me for a divorce?

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry you're going through this difficult situation. Divorce is always challenging, but especially when dealing with a disability and immigration issues. Here are a few key things to keep in mind:

First and foremost, getting divorced should not directly impact your...
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1 Answer | Asked in Contracts and Family Law for Nebraska on
Q: I am a guardian doing DS-11 and I don't know how to fill parental information

Both parents are dead

Julie Fowler
Julie Fowler
answered on Mar 14, 2024

If you are the legal guardian and need help applying for the child's passport, you can call the number of the State Department's website to see if they can help you with your question regarding the form. You may need to be prepared to be placed on hold for a long time, but you should be... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Do I have any legal right to my grand children if something happens to my son when he has brain surgery?

I have been with my grandchildren since birth, their moms live in Az, one mom is strung out on drugs with no contact with her daughter, and the other mother contacts her daughter and gets her stuff. but neither one of these mothers have not physically visited their daughter for 4 yrs now. I just... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 14, 2024

Your son should consider a Temporary Delegation of Parental Powers during his recovery AND a will that names a person of his choice as testamentary guardian for the children. If the worst happens and he passes during or after surgery, the person named as guardian would at least have a chance at... View More

1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence, Legal Malpractice and Family Law for Utah on
Q: After my husband was arrested for aggrevated assault against what the court papers called a protected person "TS" but wa

s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:

As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it....
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1 Answer | Asked in Family Law for Virginia on
Q: if a couple both own their own house, pay their own bills, what considers them living together?

so both couples have their own homes and bills, they stay together about 85% of the time which is split between the 2 homes. what considers them living together by law?

James L. Arrasmith
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answered on Mar 14, 2024

The legal definition of "living together" or cohabitation varies by state and depending on the context (such as for tax purposes, government benefits, or legal proceedings). In general, factors that may be considered when determining whether a couple is living together include:

1....
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1 Answer | Asked in Adoption, Criminal Law, Domestic Violence and Family Law for California on
Q: My daughter She has recently provided me with some videos (evidence) of her being abuses by her aunt a cpsworker glennco

She has been adopted in 2010 but now wants to live with Me She continues to run away

James L. Arrasmith
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answered on Mar 13, 2024

I'm so sorry to hear that your daughter has suffered abuse. This is a very serious situation that requires immediate attention. Here are some steps you can take under California law:

1. Report the abuse: Contact the local police department or sheriff's office to report the abuse....
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1 Answer | Asked in Divorce and Family Law for California on
Q: What constitutes abandoned property in CA as in Stock market holdings?

My X spouse has not updated his new address on the joint account .Only I have.

James L. Arrasmith
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answered on Mar 13, 2024

In California, abandoned property, also known as unclaimed property, generally refers to financial assets that have been left inactive by the owner for a specified period. This can include stock market holdings, such as shares or dividends, bank accounts, uncashed checks, and safe deposit box... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Illinois on
Q: My lawyer did not show up in court a month ago like she said she would and I have been emailing and calling & no reply?

Court has been a 3 yr episode with my ex wanting private school fees along with my request to modify support due to being permanently laid off from my job. Does she have to send me something if she’s dropping me as a client?

Cheryl Powell
Cheryl Powell
answered on Mar 13, 2024

Normally, if a lawyer is dropping a client, usually for non payment of fees, a lawyer files a Motion to Withdraw, sends you a certified notice of the court date and you can show up to object or agree to her withdrawing. I suggest you get your papers together and go see another lawyer. If... View More

1 Answer | Asked in Family Law for Georgia on
Q: Is there a ga code of law defining a petition to apply for minors passport ex parte noncustodial parent?

I am seeking to create a petition to apply for a minors passport because of the refusal of consent although the child was conceived out of wedlock and I am the primary caretaker and custodial parent.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

I'm not sure how you are seeking to create a petition, as there is no such thing. If you cannot obtain the consent of the other parent you will need an order from the court. The proper complaint needs to be filed requesting the relief you are seeking in order for the court to give you a hearing.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How do I submit an enforcement for child support on my own?
John Michael Frick
John Michael Frick
answered on Mar 13, 2024

You can contact the Office of the Attorney General through the following link: https://www.texasattorneygeneral.gov/child-support

If, for any reason, you do not want to use the OAG, you need to hire an attorney in or near the county where you live to enforce the child support order. This...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I was served with a DV restraining order by mail from California, due to court claiming I am evading service ????

I live in a different state and I just got documents in the mail with a notice of hearing of DV restraining order from California. Court claimed I am evading service on the 1st hearing, so they allowed the other person to serve me by mail. I need to dismiss or quash this as I am pretty sure the... View More

James L. Arrasmith
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answered on Mar 13, 2024

I understand that you are dealing with a complex legal situation involving a domestic violence restraining order filed against you in California, while you reside in another state. It appears that the court allowed the other party to serve you by mail, claiming that you were evading service.... View More

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