Family Law Questions & Answers

Q: how can i get full custody of my child since the child dad lives in iowa

1 Answer | Asked in Family Law for Delaware on Jul 20, 2014

Answered on Jul 25, 2014

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Charles Snyderman's answer
If you are a Delaware resident, I suggest that you schedule an appointment with a Delaware lawyer who specializes in family law. If you would like some names, please contact me.

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Q: What paper works do i need to fillout for my stepson to stay with me

1 Answer | Asked in Family Law for Florida on Jul 24, 2014

Answered on Jul 25, 2014

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John Arthur Smitten's answer
Petition for custody by a relative. Use of a lawyer is recommended in this case.

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Q: Is it true that if a mother has no job, that she does not have to pay child support in florida?

1 Answer | Asked in Family Law for Florida on Jul 24, 2014

Answered on Jul 25, 2014

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John Arthur Smitten's answer
not true. Everybody pays. Use of a lawyer is recommended in this case.

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Q: How long does a changing a minor's last name take if both parents consent to the name change?

1 Answer | Asked in Family Law for Florida on Jul 24, 2014

Answered on Jul 25, 2014

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John Arthur Smitten's answer
courts are slow so 60 days. Use of a lawyer is recommended in this case.

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Q: How long does a child have to resided in a home in Florida in order to gain temporary guardianship?

1 Answer | Asked in Family Law for Florida on Jul 24, 2014

Answered on Jul 25, 2014

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John Arthur Smitten's answer
At least 14 days then you can apply for a court order. Use of a lawyer is recommended in this case.

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Q: does a durable power of attorney I have override a no contact order that was placed between us through the state of DE.

1 Answer | Asked in Family Law for Delaware on Jul 22, 2014

Answered on Jul 24, 2014

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Charles Snyderman's answer
Not sure I understand your question. However, assuming person A gives POA to person B, and a court orders person B to have no contact with person A, the court order controls everything.

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Q: Can a woman sign off on receiving child support off of a second job

1 Answer | Asked in Family Law for Michigan on Jul 21, 2014

Answered on Jul 24, 2014

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Kelly Lambert's answer
It is possible to stipulate to an amount for child support if both parties agree, which could mean not including income from a second job.

Kelly G Lambert III

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Q: Me and my fiancee what's to get custody of her daughter but she was adopted by someone else is there anything we can do?

1 Answer | Asked in Family Law for Michigan on Jul 23, 2014

Answered on Jul 24, 2014

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Kelly Lambert's answer
If the child has been adopted, this can be very difficult to change. Much will depend on the age of the child and the circumstances surrounding the adoption.

You should schedule a consultation with an attorney where you can discuss all the details of your case, then they will be prepared to give you more accurate advice.

Kelly G Lambert III

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Q: My ex didnt go after me for child support and now two years and 3 months later wants it even though i pay half of stuff

1 Answer | Asked in Family Law for Michigan on Jul 20, 2014

Answered on Jul 24, 2014

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Kelly Lambert's answer
Child support is the right of the child. It can be requested at any time. Most likely, it cannot be back-dated 3 1/2 years. Support will be calculated and put in place from the date the Motion requesting it was filed. Make sure you keep documentation of any money given during this process - it may be able to be deducted. You should schedule a consultation with an attorney to discuss the details.

Kelly G Lambert III

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Q: Am i able to leave state with my daughter..her mother has no rights to her...

1 Answer | Asked in Family Law for Michigan on Jul 21, 2014

Answered on Jul 24, 2014

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Kelly Lambert's answer
If the child is subject to a court order of any kind, you most likely would have to get approval of the court in order to leave the state.

Kelly G Lambert III

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Q: If my child's fathers signs off on her does he still have to pay child support?

1 Answer | Asked in Family Law for Michigan on Jul 22, 2014

Answered on Jul 24, 2014

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Kelly Lambert's answer
In most instances, a father cannot simply sign off on a child. If the child is adopted by another party (through step parent adoption, for example) then the father's rights will be terminated. If the father's rights are terminated then support will be terminated.

Kelly G Lambert III

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Q: My son is 2 . His father denies him & has never seen him in the 2 yrs. I need help but do not trust him with visitation.

1 Answer | Asked in Family Law for Florida on Jul 23, 2014

Answered on Jul 24, 2014

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John Arthur Smitten's answer
He will get standard visitation unless you prove he should have supervised visits. Use of a lawyer is recommended in this case.

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Q: Can I take my children and move within the state without my husband's permission?

1 Answer | Asked in Family Law for Florida on Jul 23, 2014

Answered on Jul 24, 2014

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John Arthur Smitten's answer
You have to get a court order to relocate. Use of a lawyer is recommended in this case.

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Q: my boyfriend is fighting for custody of his sons can they freeze his child support payments

1 Answer | Asked in Family Law for Pennsylvania on Jul 17, 2014

Answered on Jul 24, 2014

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Roy L. Galloway III's answer
No. The fact that he is seeking custody in court does not negate his obligation to pay support in PA. However, if he wins primary physical custody, he no longer has to pay support and should file with domestic relations to have his support terminated and he would be entitled to support. Also, if he wins 40% or more physical custody then he can have his support obligation reduced. Hope that helped.

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Q: If my daughter n her ex have joint custody and he takes the kids out of state without her permission what can she do

1 Answer | Asked in Family Law for Pennsylvania on Jul 18, 2014

Answered on Jul 24, 2014

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Roy L. Galloway III's answer
File for contempt and request that the court enter an order directing father to return the child.

Additionally, it won't hurt to call the local police where the father lives to report the incident.

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Q: Relocation with shared custody

1 Answer | Asked in Family Law for Pennsylvania on Jul 23, 2014

Answered on Jul 23, 2014

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Roy L. Galloway III's answer
First, if you need to relocate and you do not have the approval of the parents, then you must serve both parents with a Notice of Relocation 60 days prior to the proposed move by certified mail, return receipt requested. Additionally, you must include a counter-affidavit with the Notice of Relocation where the parents can note whether they approve of the modification of the custody order and the relocation or whether they objection to the modification or the relocation. If the parent's do not...

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Q: Can I legally move out of my house when I turn 18 even though I'll still be in high school?

1 Answer | Asked in Family Law for Oregon on Jul 12, 2014

Answered on Jul 23, 2014

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Vincent J. Bernabei's answer
Yes. You are an adult at 18, and you are free to make your own decisions (and suffer the consequences of those decisions). Check with your school guidance counselor to see about free public transportation and meals. You may also be eligible to receive child support from your parents until age 21.

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Q: I have full physical and full sole custody of both of my children. My daughter is 8 and my son is 5

1 Answer | Asked in Family Law for Oregon on Jul 15, 2014

Answered on Jul 23, 2014

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Vincent J. Bernabei's answer
If you already have a court order for full legal custody, then you must also follow the court order for visitation, if there is one. If there is no court order for visitation, then you should suggest in writing that the father of your children begin seeing them a couple times a week, for a couple hours per visit. If father agrees in writing, is consistent, and understands this is for their benefit, then you should consider increasing his time with the children in a few weeks to a full day...

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Q: Father has dementia and the siblings cannot agree. As the oldest lineal descendant do I have the right to decide?

1 Answer | Asked in Family Law for Virginia on Jul 22, 2014

Answered on Jul 23, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
The oldest lineal descendant does not have a right by virtue of that qualification alone to decide about the care of a parent.

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Q: I have a judgement to receive child support in Florida starting Sept 1 2014, what happens when the father doesn't pay?

1 Answer | Asked in Family Law for Florida on Jul 21, 2014

Answered on Jul 23, 2014

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Nancy Adkins' answer
Move immediately to have the order enforced. You may be able to recover attorney fees for the necessity of having to file this motion.

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