Lawyers, Answer Questions  & Get Points Log In
Family Law Questions & Answers
1 Answer | Asked in Family Law for California on
Q: Judge awarded restraining order today and I got papers from court do I need to serve the other party the final papers

Ok judge approved restraining order for me in court for 3 years. The clerk told me when handing papers to serve them to the other party is there a time you need to serve by? The other party is in jail for temporary restraining order violation how do I serve him in jail. And do I need to file any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

In California, once a restraining order is granted, you are required to serve the other party with the order so it becomes legally effective. There is usually a specific time frame to serve the papers, often before the next court date or within a set number of days after the order has been issued.... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: During a divorce with a minor child involved, how can I restrict who my ex has over (overnight visits) while my child

is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 19, 2024

Usually, when a court is making a decision regarding custody, it's important that the involved minor child have his/her own bed, and ideally his/her own room. That's your first problem. Second, where significant others, boyfriends, girlfriends, etc. are concerned, courts often make... View More

View More Answers

2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: During a divorce with a minor child involved, how can I restrict who my ex has over (overnight visits) while my child

is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

In California, when addressing the issue of overnight visitors in the context of a child custody agreement, you have the option to include specific stipulations regarding who can be present around your child during overnight visits. This can particularly address concerns where living arrangements,... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Divorce and QDRO question in state of Florida.

About 5 years ago i got divorced, i payed for a QDRO to be made and for the assets to be split, the paperwork did went through the judge and my ex-spouse was suppose to file it to get the assets split and get the money. About a year and half i quit my job and when they asked me what to do about the... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

You owe her the portion that she was entitled to from the final judgment. You can probably deduct the cost of the QDRO and the taxes that you paid on the withdrawal. Although it is up to her to go back to court to enforce the agreement it is probably smarter to try and reach a settlement with her... View More

2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 19, 2024

From your description, it sounds like DCPP (the Department of Child Protection and Permanency, New Jersey's child protective services branch) is conducting an initial investigation into allegations of possible abuse or neglect. If this is an initial investigation, you are not necessarily... View More

View More Answers

2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

When dealing with Child Protective Services (CPS), it's essential to understand your rights and the potential consequences of your actions. Cooperation with CPS can be critical, as they have the authority to investigate allegations of child neglect or abuse. However, you are also entitled to... View More

View More Answers

1 Answer | Asked in Family Law for Texas on
Q: Texas mom, 24, Looking to find out if I need to find a lawyer to represent me in court OR if I can get a court appointed

I have plenty of evidence of my own to support my own case I believe. So far I have a photo album with almost 50 different pieces of photo and video evidence. I walked away from my son and his father at the beginning of 2023 due to uncivil or even hostile home environment for what seemed to be... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

It is unclear if your matter concerns a CPS case that has been filed against you, a divorce proceeding, or a suit affecting the parent-child relationship (SAPCR).

Court-appointed lawyers are available in criminal cases and in cases in which Child Protective Services is seeking to remove...
View More

1 Answer | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code: "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: I need to find a att to use Findlay ohio

I want to go back to a mental health evaluation not being done and letting me sign all kinds of legal contract stuff when I was not in eight state of mind

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

If you're feeling overwhelmed because of past decisions made during a time when you weren't in the best state of mind, especially regarding legal contracts, it's important to take steps towards addressing these concerns. Legal agreements can be complex, and their validity might be... View More

1 Answer | Asked in Civil Rights, Child Custody and Family Law for South Carolina on
Q: can a judge say he is not comfortable and not allow a defendate to admit filing a false police report resulting in dss ?

My kids mother admits to case workers and guardian ad litem to filing false police report which caused dss to investigate ,but when court date was set for her to address court the judge said that he was not comfortable allowing her to perjure herself and that he would not allow it.If it were not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

In legal proceedings, a judge's role includes ensuring that the court operates within the bounds of the law and maintaining the integrity of the judicial process. If a judge believes that allowing a certain action, such as admitting to filing a false police report, could lead to an individual... View More

1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: Hi, my name is Juliette and I'm 16. I'm a resident of PA but I currently live in Portugal with my parents. I wish to

move back to PA but my parents want to stay in Portugal. I was hoping someone could help me figure out how to get emancipated so I could live on my own without my parents.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

Hi Juliette, I understand that you're facing a challenging situation and are looking for ways to live independently in Pennsylvania (PA). Emancipation laws vary by state, but generally, they allow a minor to become responsible for their own welfare and make decisions independently of their... View More

1 Answer | Asked in Divorce, Banking and Family Law for California on
Q: Ex has not turned off automatic monthly deposit to my bank. It’s not spousal or child support. Can he sue me for $ back?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

Under California law, if someone accidentally sends you money, such as through an automatic monthly deposit, they have the right to request the return of those funds. This principle applies regardless of the relationship between the parties involved. If your ex-partner has been making deposits into... View More

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Arbitration and modification of child support

I have a high conflict custody case that has been going on for 2 and a half years with no end in sight. My original lawyer told me to agree to an arbitration because it would be cheaper but my legal fees have already superseded $200000. That arbitrator order me to pay child support for $1900 a... View More

James W. Kraayeveld
PREMIUM
James W. Kraayeveld
answered on Mar 18, 2024

Have you had a local attorney do a case review for you? Your notes do not provide sufficient information for me to assess why you are still stuck dealing with the arbitrator? On the one hand, it seems that you received a final custody order, and that often ends the order to arbitrate; on the other... View More

1 Answer | Asked in Family Law for California on
Q: My husband sold his house the owned during our marriage and put it in a joint checking account. My husband retired me?

If my husband put me on the deed during the sale. He got the money and put it in a joint checking. He retired me and I did not work. I found and bought great assets at action and we share a house. He is abusive and now the lawyer says that everything we bought with that money is his. I would have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2024

In California, assets acquired during a marriage are typically considered community property, meaning they are owned equally by both spouses. When your husband sold his house and placed the proceeds in a joint checking account, which was then used to purchase assets, this action likely constitutes... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Awarded Alimony for life & will it stop if move in to boyfriend’s rented apt?

I've been granted lifelong alimony due to a lengthy marriage. According to my divorce decree, alimony ceases only upon remarriage or death. My concern is whether moving into my boyfriend's rented place would affect this arrangement. Renting in CA is expensive, so this seems like a viable... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2024

Under California law, alimony is typically governed by the specific terms set forth in your divorce decree. If your agreement states that alimony only ceases upon remarriage or death, then cohabitating with a partner doesn't automatically end your alimony payments. However, the situation can... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: how to rescind a notary for custody that didn’t state any dates or time or length of custody? Also, court never involved

The other party whom child is currently with is not compliant with verbal or written agreement of visitations and unresponsive to any messages or phone calls from counterparty

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2024

In California, if you're looking to rescind a notarized custody agreement that lacks specific dates, times, or duration of custody, and the courts were never involved, the first step is to consult with a legal professional. These professionals can provide advice based on your unique... View More

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Can I get a new restraining order in N. California based on years past acts of abuse?

I would like to get a new restraining order, but there has been no contact with he perpetrator for two years because there was an active restraining order, but that expired last year.

Can I use past expired restraining orders and those past act of abuses stated in the expired restraining... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

In California, you may request a new restraining order even if your previous order has expired and there has been no recent contact with the perpetrator. The court will consider your application based on the history of abuse, including acts detailed in previously granted restraining orders.... View More

1 Answer | Asked in Bankruptcy, Child Support and Family Law for Alabama on
Q: My ex husband filed chapter 13 last year and our youngest turned 19. We have received no CS payments in months.

He owes $36,000 in arrears. DHR said they can no longer garnish for arrears and his bankruptcy lawyer will not return calls. I reached out to the State of Alabama Trustee and she said they can only pay out what he sends in. How will he be held responsible for paying? It stated in the bankruptcy... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

It's essential to understand that child support obligations are treated with high priority in bankruptcy proceedings, including Chapter 13. Even though your ex-husband filed for bankruptcy, his child support arrears should not be discharged by the bankruptcy and remain his responsibility. The... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Do you have to respond to a restraining order hearing if you were never served in person and u r outside California ?

Court Claimed I Was evading service which is not true so he allowed service by mail. I did not attend the first hearing and that's why. As I was never served in person and I am located in another state. Got papers to a mail po box, is that a legitimate service ? I did not sign to anything, a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

In California, courts can permit service by alternative means (such as publication) under certain conditions, especially if they believe you are evading personal service. This kind of service typically requires the court to be convinced that reasonable efforts were made to serve you in person... View More

1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: What can we do

Two weeks ago Grandmother was diagnosed with cancer when being released from the hospital her daughter came and got her moved her into her house and took her phone not allowing anyone to visit or call her my mother who is her other daughter was the one listed on her bank.accounts and insurances as... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

In California, if you're facing a situation where a family member is being isolated by another family member, there are steps you can take. First, it's important to communicate your concerns directly to the family member who is restricting access, if possible. Clearly express your desire... 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.