Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Family Law Questions & Answers
2 Answers | Asked in Child Support and Family Law for Texas on
Q: My wife and I are separated, not divorced. Who provides services to develop a separation agreement?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Nov 1, 2024

You should seek out a family law attorney to discuss getting a divorce in Rexas.

Texas law does not allow for "legal separation" for which a separation agreement would be needed. In Texas, you are married until you are divorced.

Also, Texas is a community property state,...
View More

View More Answers

2 Answers | Asked in Child Support and Family Law for Texas on
Q: My wife and I are separated, not divorced. Who provides services to develop a separation agreement?
John Michael Frick
John Michael Frick
answered on Nov 1, 2024

A family law attorney would be the best to help you but Texas does not have legal "separation." You are married or you are divorced. You could create a partition and exchange agreement dividing your marital estate between you as each spouse's separate property but, legally, you... View More

View More Answers

2 Answers | Asked in Family Law and Legal Malpractice for New York on
Q: My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vac

My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

I'm sorry for your ordeal. The most reliable way to answer your question would be to reach out to law firms to discuss in further detail. There are a number of issues and entities to sort out here, and it isn't fully clear who you deem to be the liable party (or parties?). It would depend... View More

View More Answers

1 Answer | Asked in Adoption, Child Custody and Family Law for Nebraska on
Q: I am a 16 year old adopted child my mom keeps taking my phone that she doesn’t not pay for nor she bought.

What can I do to prevent this from happening?

Julie Fowler
Julie Fowler
answered on Oct 31, 2024

Generally, a parent can take a child's cell phone. This includes as part of a disciplinary measure or if the parent wants to limit or prohibit cell phone or social media use.

Almost every school now has a school counselor available to students to help talk about issues they are...
View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Child Custody court order question

I share custody of my child with someone who doesn't have a job or a car and owes thousands in custody payments. I've been picking up and dropping off my daughter for years. I'm being taken advantage off.

What’s on the court order is I have to make reasonable... View More

Eric Doyle
PREMIUM
Eric Doyle pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2024

What is considered "reasonable" as defined in your Order on Child Support is going to be up to the interpretation of the Judge who issued that Order. For some, it may be considered reasonable to make such accommodations in the name of facilitating parent-child relationships, for others it... View More

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Texas on
Q: How can I get a Power of attorney document ?
James Clifton
PREMIUM
James Clifton
answered on Oct 30, 2024

If you are looking for a statutory durable power of attorney for finances or a medical power of attorney, you can access them through the Texas Department of Health and Human Services website. If you need a specific power of attorney for the sale or purchase of real estate, that will need to be... View More

2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: Would it be best to let it go through probate as I'm the only child? Thanks for the advice.

Hi there. My parents disinherited me a decade ago for divorcing my very abusive ex. They are strict Catholics and don't believe in divorce, regardless of the situation. They let me know that they have left everything to my son. I am the only child and my son is the only grandchild. My question... View More

Julie King
Julie King
answered on Oct 30, 2024

Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More

View More Answers

1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: on a special warranty deed with husband and wife name followed by "joint tenancy", are rights of survivorship automatic
James Clifton
PREMIUM
James Clifton
answered on Oct 29, 2024

If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More

1 Answer | Asked in Family Law for Nevada on
Q: I pay for the cell phone for my 14 years old twins, can dad take their phones cutting off communication between us?

He is refusing to let them talk to me

Philip Spradling
Philip Spradling
answered on Oct 29, 2024

Cutting off communication is, in general, not a good move for Dad. One of the factors a Court must consider when deciding what is in the best interest of the child is "which parent is more likely to allow the child to have frequent associations and a continuing relationship with the... View More

2 Answers | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: Can I be charged with a crime I didn't commit based on hearsay?

I currently live in Hillsborough county Florida and my soon to be ex-husband and his Friend accuse me of having a weapon (knife) . I haven't been officially charged assault w/ deadly weapon. But the only thing is my husband (person that said I committed the crime) a couple of months ago went... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2024

Hearsay is a statement made about what someone said to a testifying witness. If your husband were to tell the court that although he was blind, you told him you had a knife and that you were going to attack him with it, there is an exception to the hearsay rule because it would be something you... View More

View More Answers

1 Answer | Asked in Contracts, Civil Litigation and Family Law for New Jersey on
Q: How to splitting the car with my ex-girlfriend

The car was bought for 45,000, with her contributing 30,000 and me contributing 15,000. Now that we've broken up, I intend to sell the car. However, since the car was originally purchased primarily for her work needs and still requires its use, we decided that she would keep the car and sell... View More

Richard Diamond
Richard Diamond
answered on Oct 29, 2024

Since there is no written agreement between you and your ex as to its current value, percentage ownership interests, usage, and what is to take place with the vehicle in the event you and your ex break up, you are in a grey area - since there is no right or wrong answer to your question.... View More

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My kids mother served me court papers crowe v DeGioia 90 NJ 1982. I am married now. What does this mean?

I was never married to her. We have 2 boys together,18 and 14. I just filed a modification because my oldest is going to the military. I will continue paying for the youngest. However she served me with court papers for Crowe v Devious 90 NJ 1982. I am now

married for the last 8 years.... View More

Richard Diamond
Richard Diamond
answered on Oct 27, 2024

You filed an application with the court seeking a downward modification of your child support obligation based on your oldest child entering the military. alleging that he is now emancipated and therefore your child support obligation needs to be recalculated for the benefit of your younger child.... View More

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Dcbs question about our child

Me and my girl has dcbs involved over my depression mistake..if we make it to were she has 100% custody of our daughter what will dcbs do/ can do to me if I'm not in household no more???

Timothy Denison
Timothy Denison
answered on Oct 26, 2024

Most likely even if you do give her 100% custody, they will still require you to complete their regimen before you can have contact with the child. You probably should hire the best family court lawyer you can and deal with it head on once and for all rather than giving her custody and hoping it... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Am I entitled to half of the equity in my house if my name is not on the loan or the deed in a divorce?
John Michael Frick
John Michael Frick
answered on Oct 25, 2024

If your house is community property, the court will include it in the "just and right division" of your marital estate regardless of whose name is on the loan or deed. The phrasing you use "entitled to half of the equity" is not precisely correct. You are "entitled"... View More

1 Answer | Asked in Education Law and Family Law for Virginia on
Q: What does the law say about running away from home at 18 if you are still in high school? Would truancy laws apply?
David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2024

Attendance requirements are governed by Virginia Code § 22.1-254. There should be a process with the local school board by which a student can officially withdraw from school even without parental involvement (if the student has reached the age of 18). Dropping out of school is not recommended, of... View More

5 Answers | Asked in Family Law for California on
Q: I signed a retainer agreement and paid the retainer fee. The attorney never signed the retainer

The case was very short, he spent the retainer and says I still owe him a lot of money.

California law is he entitled to more payments if he did not sign the retainer agreement?

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 24, 2024

Review the invoices. If the work done was legitimate and necessary to your case, then yes, you should pay the invoices. The fact that your attorney may not have signed the retainer agreement you signed does not mean you are no longer obligated to pay for his/her services. If the fees were... View More

View More Answers

5 Answers | Asked in Family Law for California on
Q: I signed a retainer agreement and paid the retainer fee. The attorney never signed the retainer

The case was very short, he spent the retainer and says I still owe him a lot of money.

California law is he entitled to more payments if he did not sign the retainer agreement?

Martha Bronson
Martha Bronson
answered on Oct 24, 2024

Signing the client's copy of the retainer agreement is not required to bind you to the contract. The attorney may well have signed his/her original or a copy and that would suffice. In any event, assuming there was no written agreement signed by both parties, the attorney would be entitled... View More

View More Answers

1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Iowa on
Q: My ex-spouse died 2 years ago and my divorce attorney had not sent a correct QDRO form for a GE Retirement fund.

My lawyer has admitted guilt but the insurance lawyer has given me the run around for the past 2 years. My exes wife received the money instead of me. I just want what I'm owed, approx 75K. How do I proceed?

Erik Luthens
Erik Luthens
answered on Oct 23, 2024

How did your attorney “admit guilt?” If your attorney alerted his/her professional liability insurance carrier of the situation, you should have been reimbursed by now. Generally speaking, the statute of limitations for pursuing a legal malpractice claim is five (5) years from when you know... View More

1 Answer | Asked in Family Law and Domestic Violence for Virginia on
Q: Can I get a VA Protective order for stalking/harassment without a specific threat of bodily harm?

I have a family member who is having a mental breakdown and has been continually harassing my pregnant wife and I with hurtful messages over the last few weeks. This individual continually insulted us through social media and phone over the last few weeks, and even tried to contact me from a... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2024

As you indicate, there is no evidence that would establish an apprehension of physical harm; however, it sounds like this person is returning to your residence uninvited. Accordingly, trespassing may be an avenue to keep him away from your home. Just be sure to comply with notice requirements as... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Do two party consent laws prevent someone from recording someone else in their own home if both people live there?

Regards video and audio recording. Is there an exception for possible domestic abuse scenario

Brian Waller
Brian Waller
answered on Oct 23, 2024

There can definitely be consequences for recording someone without their consent.

While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.