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My husband voluntarily signed over his parental rights for my stepson four years ago, without fully understanding the consequences, due to manipulation from his ex-girlfriend. This was done merely with a notary involved and no legal representation. We attempted to appeal the decision shortly after,... View More 
answered on Apr 2, 2025
This is abundantly unclear. By what legal process did he "voluntarily sign over his parental rights?" Appeal what decision? There are very few legal circumstances by which someone can relinquish their parental rights. One such circumstance would be in the case of an adoption (by a... View More
I own one-third of a property, and there is a lien on my share due to back child support arrearages. The lien amount is less than my share's value. The co-owners are willing to sell the property, but the sale process has not started yet. I have paperwork showing the lien on my portion. How can... View More
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answered on Apr 2, 2025
The lien is against property that you have a titled interest in, not just against your share. So closing instructions or sale contract provisions should expressly state that the CS is to be paid at closing. Be sure the CS persons are ready to release the lien immediately, and draft a proposed... View More
I have been separated from my husband for about three years, and we have no legal custody agreements. We agreed that our son, who is almost four years old, would spend the holidays with his father, and I would pick him up in the first week of January. When I tried to pick him up, my husband... View More
answered on Apr 2, 2025
It sounds like you really need to hire a domestic relations attorney i the city where your husband filed for divorce. While you have a right to represent yourself, I do not recommend it. This forum is for answering general questions. No attorney can teach you within a single answer each rule of... View More
I am seeking to change my power of attorney from my husband, whom I am divorcing, to my daughter, who oversees my healthcare. I have been diagnosed with Bipolar disorder, and my daughter has been instrumental in managing my medications, which has helped me avoid hospitalization. My daughter... View More
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answered on Apr 2, 2025
I understand how important it is to have someone you trust managing your affairs, especially during a divorce and while addressing health needs. In New York, changing your power of attorney (POA) is a relatively straightforward process, even if you are in the middle of a divorce. As long as you are... View More
I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More
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answered on Apr 1, 2025
I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.
Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax... View More
I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More
answered on Apr 1, 2025
Legally, only one parent can claim a child as a dependent on that parent's individual federal income tax return. The IRS has Publication 504 which discussed this issue in depth: https://www.irs.gov/forms-pubs/about-publication-504
On a more practical note, I am familiar with... View More
I have been the primary caregiver for my child, with her father having had no contact for 5 months and neglecting child support for 1 year and 5 months. My daughter solely lives with me, and our current understanding is that I have full custody, although there are no formal court orders in place.... View More
answered on Apr 1, 2025
You do not say if you are married or not. If you are unmarried and have never been to court for paternity then you can basically do whatever you like. If the father opposes anything then he would have to go to court. If you are married it is a similar situation. Speak with a local family lawyer for... View More
I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View More
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answered on Apr 2, 2025
I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward.... View More
I am divorcing after 33 years of marriage. About 6 years ago, I wrote and self-published 30 books through Amazon KDP, all created during the marriage with no joint financial contributions. Although these books haven't generated substantial profits yet, I want to know what entitlement my... View More
answered on Apr 1, 2025
Rhode Island is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally upon divorce. Under § 15-5-16.1(a), the Family Court assigns property based on factors such as:
• Length of the marriage (33 years here, a long-term marriage).... View More
I am a non-custodial parent of a 10-year-old child and am considering giving up my parental rights because my work schedule prevents me from seeing the child. There is a court order in place, and the custodial parent is not in agreement with me giving up my rights. Additionally, I have requested a... View More
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answered on Mar 31, 2025
In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More
I recently fled a domestic violence relationship in Oklahoma and relocated to Nevada with my children. I acquired a Temporary Protective Order (TPO) in Nevada, where I was also granted temporary custody on March 18th, 2025. I registered this order with the state of Oklahoma. There is no prior... View More
answered on Mar 31, 2025
The courts will have to determine jurisdiction. It sounds like you just recently moved, and the residence of the minor child would have been in Oklahoma prior to you leaving. Which then most likely, the fathers motion will be heard here, and the Nevada court will most likely transfer their case... View More
I'm a 15-year-old in Texas dealing with emotional abuse from my dad, who has partial custody. I realized about 5 years ago how serious the situation was, and last summer, I was hospitalized following a suicide attempt partly due to his actions. My counselor, therapist, and mom all agree that... View More
answered on Mar 31, 2025
It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.... View More
I have a 50/50 custody agreement with my child's other parent, where we have 3 days on and 3 days off. The child's mother uses daycare for her custodial days because of her work requirements. However, I do not need daycare during my custodial days. There is no provision in our custody... View More
answered on Mar 31, 2025
A court can always modify a child support agreement in accordance with the Maryland Child Support Guidelines, which are mandated by statute and generally cannot be waived by agreement of the parents. So either parent can go to court to modify an agreed child support arrangement using the... View More
I got married to my ex-husband two years ago while I was on a J1 visa and in status. He filed for my adjustment of status, but now our marriage is ending due to his alcoholism and drug use, along with his lack of financial support. Recently, I received a message from USCIS saying my case was denied... View More
answered on Mar 31, 2025
If you were the victim of emotional or physical spousal abuse, then you could file an independent petition for a green card under the violence against woman act. The success of an application would depend upon the unique facts of your case. If he was an alcoholic, and he was threatening to withhold... View More
I'm facing a child abuse case, accused of 3rd-degree abuse, and there's a warrant out for my arrest. CPS has already removed my children from my home, and I'm currently involved in court proceedings with CPS. I haven't consulted with a lawyer yet, but I urgently need one before... View More
answered on Mar 29, 2025
You will likely need two lawyers. While probably related, a CPS case and criminal case are legally very different with different burdens of proof. What you'll need to do in a CPS case is different than what you'll need to do in a criminal case. Because of that, most lawyers would not be... View More
I'm seeking accountability for my ex-husband's misrepresentation during our divorce. He purchased two houses in 2013, claiming to be single, while we were married until 2014. I have evidence from a workers' compensation hearing showing discrepancies and deeds indicating he was... View More
answered on Mar 29, 2025
Who are you seeking to hold accountable? This all sounds like an issue to be raised in a post-judgment motion to the divorce proceeding. However, you're going to need to explain to the court why and how you could not have discovered and raised this issue before.
You won't hear... View More
I'm seeking guidance on the equitable distribution of marital property during a divorce. My spouse and I lived together for three years before purchasing a house using money from my bank account, with the title initially solely in my name. We got married two years later and, seven years... View More
answered on Mar 29, 2025
The easy answer is that you should meet with a divorce lawyer for a consultation to discuss all of the issues outstanding in your matter BUT, without knowing anything more, candidly, you will lose this argument before a judge and the proceeds will be divided equally.
Here are several... View More
I am the custodial parent with primary custody of my child under a standard possession order in Texas. My ex-mother-in-law is emailing my child's teachers but does not include me in those communications. Despite asking my ex-husband to have his mother include me, I have been told she is not... View More
answered on Mar 28, 2025
Yes, it is perfectly legal for your child's grandparent to email your child's teachers without including you on the emails.
It may, however, be illegal for your child's teachers to communicate certain types of personal and protected information about your child's... View More
I discovered that my ex-husband lied about his marital status during our divorce, and I was not included in the real estate deed despite being married to him at the time. The houses were not included in the divorce decree, and I believe the title companies did not use my divorce decree for... View More
answered on Mar 28, 2025
Michigan had abolished 'dower rights' for spouses back in 2016. "Dower" was a legal right that gave a wife an interest in her husband's real property for her lifetime, usually up to a 1/3 interest in the real estate. So with regards to any real estate that your husband may... View More
I have full legal and full physical custody of my children, and their birth father has supervised visitation rights two hours once a month, per a court order. However, he has not used these visits since 2022 and only saw the children once that year. He has expressed objections to someone else... View More
answered on Mar 31, 2025
The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.
The... View More
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