Ok, so here is the story:
My wife is a Canadian and a U.S. green card holder at the same time.
My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... Read more »
answered on May 17, 2023
You don't have many options if you don't want to separate or divorce. You can't go to her parents' house to get the children as that could be considered trespassing. If you file for divorce or separation, she likely will be forced to bring the children back. If you do... Read more »
Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.
answered on May 8, 2023
The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You... Read more »
My ex and I (never married to each other) have 2 children, we have been to court for custody/visitation. We have joint legal custody with an every other week visitation. Do I have legal options if she never gets them for her scheduled week? This is an issue that has been going on for at least the... Read more »
answered on Apr 18, 2023
The legal system can't make her be a good parent. Enjoy the extra time with your children and just document for now. If you file a modification, you may get custody, but she'll get more time awarded her on paper than she's exercising now, so the actual situation may not improve... Read more »
FL to serve the Summons and Petition?
answered on Apr 8, 2023
The first answer is not correct. You can serve per Georgia law. You have to use someone on Fulton's process server list who is willing to go serve in Florida, or you have to use the sheriff in Florida, or file a motion to have a process server in Florida appointed. That requires a motion and... Read more »
I was born in California and so were my birth parents. Their parental rights were taken away in 2000 when I was 7 years old. I was adopted the following year in 2001 when I was 8. My adoptive parents are on my birth certificate. I’ve been in contact with my birth mother for about 12 years now and... Read more »
answered on Mar 12, 2023
No. You have no legal relationship with your birth mother. So she doesn't qualify as a grandparent to try to get grandparent's rights, and she wouldn't meet those standards anyway. So it's a definite no. You can exclude her if you wish.
papers. Is there a way I speed this up? Can I do my own CS case? If so what is the difference between DCS and a judge CS calculation?
answered on Feb 6, 2023
You can hire a private attorney and you probably will get a result quicker. Both judges use the same rules. It's just usually quicker to go through superior court and a private attorney, but you will have to pay the attorneys fees. DCS is free.
I have an almost new car that is financed in my name alone. My wife currently drives the car because she totaled hers last year. I drive a paid off pickup, but originally purchased the car as my sole transportation. She cannot refinance the car in her name, as her credit is very poor. She also... Read more »
answered on Feb 5, 2023
The answer to your question is yes. The court can order you to pay for the car. Whether the judge does or not depends on a variety of factors. If she is abusive and you have custody of the children, it's less likely you'll have to give her the non paid off car. Consult an attorney in... Read more »
We were married 15 yrs. Lived in the camper last 4 yrs. Took camper when I was not present with all my belongings in it left me homeless
answered on Jan 12, 2023
Yes she is allowed to leave you. If the camper is marital property l, it belongs to both you so she can use it. She should not sell it or any if your belongings. You can file for divorce and ask for the property to be divided.
When I got sick I wasn't able to work . I went to child support recovery an showed them my paper work where I had to apply for disability I filed for a modification of child support was denied so still was suppose to pay $ 645 a month with no income at all . I was in am out of the hospital for... Read more »
answered on Dec 14, 2022
In a contempt case, you have to prove that you have exhausted all resources in order to avoid contempt. Your being able to work is not the only solution. Sometimes, people have to borrow money, take a loan from a bank, or sell assets in order to come up with the money.
Is there anything that can be done about the custodial parent that will not get a job? Her not working has my monthly payment sky high. She chooses to not work and get state assistance, living assistance, and child support...
answered on Dec 14, 2022
No one can force her to work. You can file a modification and try to prove she is capable of earning more. Also, you have to fact in thr cost of child care if she were to work. You would have to contribute to that also.
I left the home five months ago. He refuses to talk about the divorce or any division of property until after the holidays. But suddenly he wants to start paying the mortgage. And was quite adamant about it. What can he take from me? We are hardly high asset
answered on Dec 14, 2022
I'm not sure what benefits he's getting, or what you're concerned about him taking from you, but no one can answer a specific question without reviewing your financial situation and assets and debts. Part of the divorce process is having your attorney review that information and then... Read more »
Or representation and having issues with being told that I were to pay child support and kids are in the custody of State and that I have no visitation rights how is these things possible when I wrote a letter notarized letter stating that I needed time to prepare for this civil matter while I was... Read more »
answered on Dec 11, 2022
The court is not required to wait until you are ready. You need to hire an attorney immediately to represent your interests. A letter isn't able to be used to stop or slow down the case.
I have custody of my child. her mother gets her every other weekend. my sister gets visitation the 2nd weekend of the month. my child's mother says when the second weekend of the month falls on the mother's weekend it doesn't count as her weekend but when the 2nd weekend of the month... Read more »
answered on Nov 30, 2022
Every other weekend is exactly what it sounds like. Numbered weekends are different. In order for an attorney to correctly interpret what your parenting plan says, you should set up a consultation so they can review the plan and give you advice based on what it says.
His stuff can I throw it away?
answered on Nov 26, 2022
This depends on what your divorce decree says. Your divorce decree probably gives him a deadline by which to get his belongings. If I were you, I would reach out to his family again with a drop dead deadline and tell him that you will get rid of the belongings by a certain date if they do not come... Read more »
The motion to withdraw and the certificate of notice, already e-filed with the court, incorrectly refers to me as the plaintiff a couple of times. Says that she has sent the notice to the defendant's lawyer (WHICH IS HERSELF) Because I AM the defendant. List my ex husband as the plaintiff,... Read more »
answered on Nov 20, 2022
You can and should reply with correct information. If the motion to withdraw is granted, the information on the notice to withdraw will be used to send you future notifications in the case, so you need to make sure that that is correct. Your attorney should not yell and curse at you. That is... Read more »
answered on Nov 10, 2022
The judge doesn't ever make anyone represent themselves. If you cannot afford an attorney, the court does not assign you an attorney in a family law case. You can contact legal aid to see if pro bono representation is available, or you can try to hire an attorney who will pursue... Read more »
answered on Nov 9, 2022
The class is required for all divorcing parents of children. However if the decree gets signed without one party having taken the class, that does not invalidate the divorce.
I do not have the $3000 to $10,000 for an attorney for a divorce. He has not contributed to the household since stopping his direct deposit the last week of November 2021. There’s physical abuse, adultery and even a USB PLUG he put in my house at some point with a hidden camera. What do I do? We... Read more »
answered on Nov 2, 2022
You have said that this is a complicated case, but cannot afford a retainer. Your options are to save up to hire an attorney, or you can file the case without an attorney. For the type of case that you have described, your litigation budget should be around $20,000. A $5000 retainer is not going... Read more »
answered on Oct 30, 2022
A notary should be a person not related or connected to the parties. That is not the ideal scenario when thousands of non-related notaries are available. If the case has not been finalized and the paperwork signed by a judge, I would redo all the documents and have a disinterested notary sign.... Read more »
I DONT FEEL COMFORTABLE DOING THIS WITH HIM. Do I HAVE TO SHW UP
answered on Oct 24, 2022
You probably do have to go. The mediator can keep you separate the whole time. They also should have sent you a domestic violence screening form ahead of time. You can also hire an attorney to help you at the mediation.
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.