Family Law Questions & Answers

Q: can my spouse change the locks on our rented house to keep me out

1 Answer | Asked in Family Law for California on Dec 18, 2014

Answered on Dec 18, 2014

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Gina Marie Famularo's answer
If you are both staying in the house and no one has vacated the premises, neither one of you can change the locks on the other. However, if someone has a restraining order against you, stay away. Otherwise, you will be arrested!

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Q: If my child's mother(not married) moves them to Tennessee and I'm in Florida where do I need to get a lawyer? Fl or tn?

1 Answer | Asked in Family Law for Florida on Dec 17, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
You need to file a paternity action immediately. Get an attorney and get her served before she moves.

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Q: Can a person kick u out of a home that is inner our name but not married?

1 Answer | Asked in Family Law for Florida on Dec 18, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
Not without domestic violence occuring.

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Q: How can I get custody of my daughter if she was taken from her mother and given to her uncle without my knowledge?

2 Answers | Asked in Family Law for Florida on Dec 16, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
You need to hire a family attorney. That is the very best thing that you can do. Was the child support court ordered? Was there a determination of paternity yet? I have many questions and this forum just allows you to ask a question, it does not allow for a full discussion between us.

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Q: Can I get sole custody of my intent child if the spouse is a convicted felon with multiple domestic violence charges??

1 Answer | Asked in Family Law for Florida on Dec 17, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
The only answer, without knowing many more facts, that I can give is maybe, but we do not call it sole custody, we call it sole parental responsibility.

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Q: If I have not been in my child's life since he was born, can I still get visitation?

1 Answer | Asked in Family Law for Florida on Dec 17, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
The mother filed a paternity case, right? You need to get an attorney. The mother cannot dictate everything and you have rights that need to be asserted properly.

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Q: Is it possible for a mother to legally give up receiving child support from the father?

2 Answers | Asked in Family Law for Florida on Dec 17, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
No. There is not a court document that can be signed that deprives the father of his rights. The father needs to get to an attorney about this and file a lawsuit for determination of paternity.

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Q: Can my 17 year old daughter quit school and move out?

1 Answer | Asked in Family Law for Florida on Dec 17, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
She cannot do that without your permission at this stage, and should wait until she turns 18.

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Q: Was never able to serve ncp with papers. Now child is over 18. Can there be a new order for prior years

1 Answer | Asked in Family Law for Florida on Dec 17, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
I do not know enough of the facts to be able to answer this question. Where is the person? You have to get the person served in order to acquire jurisdiction over them personally which is required to get a support order.

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Q: Can my brother-in-law legally kick my sister out of his home? He says the house belongs to him and that she has to leav

1 Answer | Asked in Family Law for Ohio on Dec 16, 2014

Answered on Dec 17, 2014

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Matthew Williams' answer
This is going to be a fact specific inquiry into their relationship. She needs an attorney. It's possible he has the right to exclude her; it's possible he does not. That will depend on the specifics of their relationship, which should not be discussed online.

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Q: I have been raising my grandson since he was 5 months old, he is 4 now. His mother is threatening to take him away...

1 Answer | Asked in Family Law for Ohio on Dec 16, 2014

Answered on Dec 17, 2014

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Matthew Williams' answer
You should get an attorney to help you make it clear to her that she will lose all rights to own child if she doesn't straighten up and fly right. We don't just do adversarial stuff. Many of us are involved in helping people understand the situation, the options, and the consequences. Don't let her run you over. The mother is always in a strong position with regard to a child; however, if her life makes her a danger to the child, she is not invincible.

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Q: My son's father is not on the birth certificate, can I move out of State with my son?

1 Answer | Asked in Family Law for Maryland on Dec 11, 2014

Answered on Dec 17, 2014

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Evan M. Koslow's answer
If you know he is the father, it does not matter if he is on the birth certificate. Both parties are free to move where they please. However if the move will effect the ability to have access then either party can file of custody/visitation. If you leave without an agreement the father could file for an emergency temporary custody. There are much more nuances that you should discuss in private with an attorney.

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Q: My children's father hasn't paid the full amount since March of this year. He now has filed a 7th modification. what now

1 Answer | Asked in Family Law for Maryland on Dec 12, 2014

Answered on Dec 17, 2014

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Evan M. Koslow's answer
7th Motion to Modify child support? You should file for Contempt. Office of Child Support may be able to help represent you, otherwise you should seek the guidance of an attorney.

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Q: if a father contests for child custody and cant attend court what happens next. the father lives out of the country

1 Answer | Asked in Family Law for Maryland on Dec 12, 2014

Answered on Dec 17, 2014

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Evan M. Koslow's answer
Depending on why he is not allowed back in the country and a bunch of other facts that are not present here, will determine what the court may or may not do.

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Q: Can unmarried father get Full Custody in Florida

1 Answer | Asked in Family Law for Florida on Dec 15, 2014

Answered on Dec 17, 2014

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Robert Jason De Groot's answer
If the parents will not consent to temporary custody of minor by extended family, that is both parents, then you would have to prove that each is unfit by clear and convincing evidence. This is complicated and in my opinion you have to have an attorney for this type of case. There is a whole court procedure that must be followed as well as the rules of evidence, and most people know nothing about these matters, which are all important in court. Indeed, when people try to represent themselves...

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Q: If summons cannot be served

1 Answer | Asked in Family Law for Florida on Dec 15, 2014

Answered on Dec 17, 2014

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Robert Jason De Groot's answer
Nothing can proceed in the case if the person was not served unless the person voluntarily submits to the jurisdiction of the court without being served. That is called a waiver of service of process.

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Q: will I still get my son on Christmas Day even if it falls into the father first week of Winter Break

1 Answer | Asked in Family Law for Florida on Dec 15, 2014

Answered on Dec 17, 2014

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Robert Jason De Groot's answer
Yes, if that is what is written, that is what should happen. Work it out with the father as to the specifics.

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Q: My wife filed for divorce now we want to stop it what do we do

1 Answer | Asked in Family Law for Florida on Dec 16, 2014

Answered on Dec 17, 2014

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Robert Jason De Groot's answer
She can file a voluntary dismissal of the case.

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Q: Can I get custody of my daughter?

1 Answer | Asked in Family Law for Florida on Dec 16, 2014

Answered on Dec 17, 2014

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Robert Jason De Groot's answer
This is the sort of thing that happens when people think that they can adequately represent themselves in court. What you need is a seasoned family law attorney in your area. The answer to a legal problem is not in finding the right form to fill out, but in finding the right attorney. Get one now.

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Q: Can my wife be awarded relief in a divorce case as a defendant if she failed to filed a counter complaint? She did file

1 Answer | Asked in Family Law for Maryland on Dec 12, 2014

Answered on Dec 17, 2014

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Evan M. Koslow's answer
Depending on the relief, wife can still obtain similar relief that you are requesting. However, for example, if you did not request alimony and she is trying to receive alimony, but never filed a counter-complaint, it is unlikely that the court would consider awarding her alimony.

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