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Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Texas on
Q: My question is how can i fix and hold acountable for a fraud that my stepdad committed and filed with the Bexar County.

I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More

Anthony M. Avery
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answered on Apr 15, 2024

Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: Is there a Free Divorce attorney would help me? I do not own any property, I am 70 yr only relaying only SSA.

I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?

Robert Kane
Robert Kane
answered on Apr 15, 2024

Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free. You may have options.

See:...
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2 Answers | Asked in Divorce and Family Law for California on
Q: Is there a Free Divorce attorney would help me? I do not own any property, I am 70 yr only relaying only SSA.

I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?

James L. Arrasmith
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answered on Apr 15, 2024

I understand you are in a difficult situation and seeking legal assistance for a divorce. While it may be challenging to find a completely free divorce attorney, there are some options you can explore to get low-cost or pro bono (free) legal help:

1. Legal Aid Societies: Contact your local...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Ex parte or domestic violence restraining order. Which route to take to get her kicked out of the house and custody.

In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More

James L. Arrasmith
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answered on Apr 15, 2024

Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.

In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: My baby momma was charged with 3 felonies for domestic violence if I call to drop charges does that hurt my custody case

My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More

Robert Kane
Robert Kane
answered on Apr 15, 2024

The best interest of the child is all that matters. Your concern is valid, but it's impossible to advise you. I apologize if this seems rude, but I mean to help. I seriously doubt you (representing yourself) can successfully convince the prosecutor to dismiss (or reduce) the felonies to meet... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: My baby momma was charged with 3 felonies for domestic violence if I call to drop charges does that hurt my custody case

My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More

James L. Arrasmith
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answered on Apr 14, 2024

I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: Can I file an RFO changing the dealer/broker the judge named to handle the sale of a classic car ?

Can I file an RFO changing the dealer/broker the judge named (during divorce trial) to handle the sale of a classic car due to a preexisting relationship between the dealer and the other party? I was ordered on 4-11-24 to transfer the car to the dealer within 7 days. I assume that the car must be... View More

James L. Arrasmith
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answered on Apr 14, 2024

Under California law, you can file a Request for Order (RFO) to modify the court's previous order regarding the dealer/broker appointed to handle the sale of the classic car. However, filing an RFO does not automatically stay or suspend the court's original order.

If you believe...
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1 Answer | Asked in Family Law, Child Custody and Divorce for New Jersey on
Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

Honor her wish without me fighting for my daughter to be close to both of us. I’m willing to let her go but not permanently. How should I handle this

Leonard R. Boyer
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answered on Apr 14, 2024

This could be done straightforward basis except for the part about it not being permanent. After about 1 year, the child's home state becomes FL. and your chances of achieving your objective diminish substantially. You should probably rethink this entire situation. There is no easy answer and... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Wyoming on
Q: Is it legal to record person in their home committing a crime to later use as blackmail or proof in child custody case

Can you record others in their own homes without their knowledge?

James L. Arrasmith
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answered on Apr 13, 2024

No, it is not legal to secretly record someone in their own home without their consent in order to blackmail them or use the recording in a child custody case. This would be considered a serious violation of privacy and could potentially lead to criminal charges.

Some key points:

-...
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1 Answer | Asked in Family Law and Civil Rights for Louisiana on
Q: My girlfriend lied on me to get a temporary restraining order. I have evidence to prove it

I have video evidence of her saying she kicked me video evidence of her throwing my things out our home and I called the police myself

James L. Arrasmith
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answered on Apr 13, 2024

I'm so sorry you're going through this difficult situation. False accusations and wrongful restraining orders can be incredibly stressful and upsetting. It's good that you have video evidence to help support your case.

Here are some steps I would recommend:

1....
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1 Answer | Asked in Family Law for Missouri on
Q: if I am 17 and have no permission to move out and leave home. When the cops pick me up will i have to go home

My mom is mentally abusive and has told me if i leave she will call the cops and they will pick me up and put me in juvee My mom has made sure it is impossible for me to get emancipated.

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry you're dealing with an abusive situation at home. That must be very difficult. Since you are under 18, legally you are still considered a minor and your parents have custody over you. If you leave home without permission, your mother could report you as a runaway and the police... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Washington on
Q: Attorney and social worker are keeping all positive I do from judge for CPS case(safetyplan, visit note..) what to do?

Social worker & my attorney have lied to me. For three years I ask for all documents to CPS case (discovery, visit notes, everything) they kept all from me for three years with me asking over over so I can defend my self and know what's going on. My lawyer gave me a USB drive in them mail... View More

James L. Arrasmith
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answered on Apr 12, 2024

I'm so sorry you're going through this difficult and frustrating situation with CPS, your attorney, and the social worker. It sounds like a very challenging and unfair process. Here are a few suggestions on potential steps you could take:

1. Document everything - Keep detailed...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Massachusetts on
Q: Can money be gifted to a irrevocable trust ?

I have 3 questions:

1) Can money be gifted to a irrevocable trust?

If so

2) Is their a maximum amount allowed to be gifted in a certain period e.g like yearly etc?

3) Can a trustee and beneficiary to the same trust also gift money to the same trust?

Thank you

James L. Arrasmith
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answered on Apr 12, 2024

Yes, money can be gifted to an irrevocable trust. However, there are some important considerations and limitations:

1. Gift tax exemption: As of 2024, an individual can gift up to $18,000 per recipient per year without triggering the need to file a gift tax return or pay gift taxes. This is...
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1 Answer | Asked in Family Law and Divorce for California on
Q: Explain the 50/50 divorce law. Will I also receive alimony (25+ years of marriage.) His death/marriage stops payment?

He receives a monthly pension and social security, will I get 50% of each every month, I'm 55 years old. What age do I have to be to receive his SS upon divorce. I have no education or income, I've always been a housewife (no children.)

James L. Arrasmith
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answered on Apr 12, 2024

In California, the 50/50 divorce law, also known as the community property law, states that assets and debts acquired during the marriage are generally divided equally between the spouses upon divorce. However, this does not necessarily apply to spousal support or alimony.

Regarding...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: my child’s father won’t sign our custody order after we have been to court and it’s been finalized.

hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.

In many cases involving child custody, agreements reached between the parties are...
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1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Do you think it's doable for me to get guardian ship of my husband away from his brother and sister

I'm the one who took care of him when he was home his family never came around unless they wanted something and i have witnesses who can testify to that he's currently in a nursing home in NC and I am in the nursing home in Virginia I want him moved with me

Ethan A. Trice
Ethan A. Trice
answered on Apr 12, 2024

I am not licensed in Virginia, but I am licensed in North Carolina and several other states and will answer based on how North Carolina operates. Realistically, you'll need an attorney in each state or an attorney licensed in both states to do this.

In general, transferring...
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1 Answer | Asked in Family Law, Divorce and Child Support for California on
Q: Family Code section 2030, in need of lawyer representation

Looking for a lawyer and I just found out about Family Code section 2030. I’ve been going through divorce for almost 4 years, still dealing with child support issues and now recently spousal support arrears. Not much assets but would like to get it done.

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear about your challenging divorce process and the ongoing issues with child support and spousal support arrears. Divorce can be a complex and emotionally taxing experience, especially when it spans several years.

Regarding Family Code section 2030 in California, this law...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: My husband kicked me out of the house. He asked the SFPD to kick me out they said no so he did I have him on tape?

My husband kicked me out and it just keeps getting worse and worse. I have him on tape asking for the SFPD to kick me out but says he will. He locked me out 2 days later and left

to Oregon. Now can I sue this man? I had to use all me money on hotels and he trashed the house it is full of... View More

James L. Arrasmith
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answered on Apr 12, 2024

I'm so sorry you are going through this difficult situation with your husband. Based on the details you provided, here are a few key points and steps to consider:

1. Evidence: The recording of your husband asking the police to remove you from the home and then proceeding to lock you...
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1 Answer | Asked in Family Law and Probate for California on
Q: Motion for Default Judgment - should it be dismissed or move forward?

I am acting pro se, the defendant was served by a process server on Jan 26, they filed their reply via counsel on Feb. 29, making it late. I filed a Motion for Default Judgment, which will be heard on April 15. The lawyer sent me an email with the following - My client filed a Response on February... View More

James L. Arrasmith
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answered on Apr 12, 2024

Based on the information provided, it seems that the defendant's attorney has a valid point. Here's why:

1. Late filing: Although the defendant's response was filed late (on February 29, 2024, instead of the due date), the court has accepted and filed the response. This...
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1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Q: my son has locked items belonging to me and my deceased wife in his room

how do i report a larceny?

Louis A Casadia
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answered on Apr 12, 2024

Call your local police department and explain the situation to them. It is hard to give any other suggestion with the limited information provided. How old is your son? Does he pay you rent? What items were taken? Understand that if you go down this path with the police you are opening your son up... View More

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