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Family Law Questions & Answers
1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Q: I'm looking to report my father for abuse and drug dealing. I'm unsure what will happen to my mother, sister, or home.

My dad's abusive and I'm leaving for college in a few months. I can rough it at a women's and children's center until then, but my mother and sister won't be able to (require meds, need finanical support, etc). I want to report my father but not if my other family will be more unsafe.

Timothy Denison
Timothy Denison
answered on Jun 29, 2022

You can make a confidential report to CPS and let them investigate. Beyond that, you probably should wait until you’re permanently out of the residence.

1 Answer | Asked in Family Law for Nevada on
Q: Can you get a joint annulment for fraud?

My husband hid a domestic violence misdemeanor from me. He has been violent to me. After 5 years, can I get an annulment?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jun 29, 2022

Nevada law does not have a time limit to annul a marriage, however three years seems to be the general consensus.

that is not to say that the annulment will not be granted if the marriage is longer than the three years, but to get the annulment you must meet the requirements which are you...
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1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: What about modification of a temporary parenting plan?

I have an agreed order with 2-2-3 schedule while living with spouse during divorce. I want to move out and ask the court for primary custody.

Bennett James Wills
Bennett James Wills
answered on Jun 29, 2022

The procedure would be to file a motion seeking that kind of relief. But any major life change like moving needs to be done by an appropriate court order. You would be wise to hire counsel to assist in this process.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Should an unwed mother file for sole custody as a preventative measure?

My friend and her boyfriend had a child (born in SC - just over a year old) and they have since broken up due to some domestic violence issues. He was arrested for possession of drugs and a weapon and is in jail waiting a trial date. My friend has moved back home to New York but has not been able... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 29, 2022

No. The mother's better course is to do nothing. If the father petitions, then the fights begin. The mother should not start a confrontation when one is not needed.

2 Answers | Asked in Libel & Slander, Family Law and Animal / Dog Law for Oregon on
Q: I need to know how to get my stolen cat returned. Unfortunately, it’s not taken as seriously as, say, a car.

She was stolen by my ex just to hurt me. She’s filed false papers claiming my cat is her “companion cat”. I have all the proof & witnesses to support the truth in this matter.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 28, 2022

You might want to consider small claims court in light of the fact that most attorneys charge $300-$400 per hour. You cannot have an attorney in small claims court. If you obtain a judicial order for in junctive relief for the return of the cat, she would be in contempt of court if she does not... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: the respondent filed a counter petition but have yet to serve me. what can i do

I filed a petition in Tarrant County to have my case moved to Collin County (where the kids and I reside) and to modify the order. My ex husband filed his own petition 6/14 without actually answering mine. I was informed that I can not move forward until I am served or I should reach out to his... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 28, 2022

Look in your county and see if there are volunteer lawyers. If you don't have a lawyer I would wait until you are served,

1 Answer | Asked in Family Law, Immigration Law and Divorce for California on
Q: I am married to a USA Citizen while I am a Green Card applicant.My wife has left the family home in April 2022

I migrated to California from the UK in September 2019 and we lived together in her house.

We got engaged in February 2020

My wife who was a Permanent Resident in the USA was granted USA Citizenship in December 2020

We bought a second house in October 2020.

We were... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

You've mixed a lot of legal issues here. Your immigration status isn't really relevant to your divorce questions. If you want a divorce, you should file for divorce. You can request spousal support and anything else you believe you are entitled to. Note that the length of the marriage... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: My childrens father passed away in April. His new wife made all the burial decisions giving our children no say even

Even though my oldest children we very aware of his wish. It was later discovered that the new wife may not actually be his wife. We were unable to locate any marriage certificate on file and when we contacted the crematorium about how they verified the marriage making her next of kin. They... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 28, 2022

Fortunately, a burial is reversible, whereas a cremation is not. Your oldest child could petition the probate court for an order to handle the affairs. But if it's shown that this other woman is in fact the wife, then she would have priority to make those decisions and there would then not be... Read more »

3 Answers | Asked in Family Law and Child Custody for New York on
Q: Does 3 non consecutive weeks of vacation access for both parents mean 1 week time frames or 21 days as the parent wants

We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice

Howard E. Knispel
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Howard E. Knispel
answered on Jun 28, 2022

Non-consecutive means not in a row. Normally that would mean 3 separate weeks, however, it can br intertpreted to allow 2 consecutive weeks, but not 3. You should consult a local attorney to go over your specific matter.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Will a Florida Judge order my 13 year old daughter to be returned to her grandmother that lives in a retirement home?

My mother has custody however my mother surrendered my daughter to me in 2018 and decided to cut ties with us. she came back into our lives in 2020 only to create more problems for me. Now in nasty custody battle and we have a hearing for next week to see if my daughter would be returned to her... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I really need more background on the case to get an understanding of the nature of the claims being made and the procedural history of that matter. Courts are almost always going to recognize the superiority of a parent over a non-parent. That being said, there are situations such as abuse ,... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What controls can I place on a12-year-olds' cell phone given to him by his non-custodial mother?

My son has a smartphone that his mother gave to him without discussion with me. The phone has a lock code that his mother will not share with me and she has instructed the child to not share it with me. Our parenting agreement has no mention of cell phones to guide us. I have parental controls on... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

This is a shared parenting issue and may possibly be addressed in your parenting plan under communications. If not it is still a shared parenting issue . You should consult with a qualified attorney to discuss the situation and give a good analysis as to how to proceed forward

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I am pro se in a child custody case, I don't know what paperwork I need to fill out as I am up against an actual lawyer.

Though I am getting my paralegal degree, I haven't reached family law and I'm scared I am going to lose my case and be placed on child support, and even lose my rights to my daughter. I am reaching out because I need help I'm just a full-time paralegal student mom and cashier who is... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

You should go to the family law forms website and almost everything is there.

https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?parentId=669505&sort=form/number%20asc,%20form/date%20desc&view=embed_custom&searchtype=form&limit=50&query=&offset=0

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1 Answer | Asked in Family Law for Oklahoma on
Q: My oldest daughter went to the judge and got emergency gaurdinship on my 9 yr old daughter w out us knowing

DHS came the day before and said we was ok is that legal to not let us know or even be able to defend ourselfes they came the day she went to judge showed up w cops and took my daughter

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 27, 2022

You should have received a notice of hearing. On such an important matter, you should obtain an experienced family law attorney to assist you at the hearing. Good luck.

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are my options as the custodial parent (mother) who wants to move out of state and share 50/50 custody? See below.

My ex-husband and I share 50/50 custody of our 12 and 13 year old sons. The 13 year old has been living with his father during the school since 2021 and the 12 year old has lived with me full time, still maintaining the every other weekend agreement. While this agreement does not pose an immediate... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 27, 2022

If you wish to change any Texas court order, you must file a Petition to Modify Parent-Child Relationship and set it for a hearing before the Court of exclusive jurisdiction.

You should read your current court order thoroughly because it is unclear from your post if there is a geographic...
Read more »

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1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for California on
Q: What forms do I file to stop a transfer of ownership on a house or sale of the house
Yelena Gurevich
Yelena Gurevich
answered on Jun 27, 2022

There is barely any information stated here that would allow to an attorney to guess what form would apply. Please restate your question and provide more detailed facts.

1 Answer | Asked in Family Law for Michigan on
Q: I need help getting my children home there is a guardianship placed in Wayne County and I live in isabella county

I am trying to bring my children home and having a hard time with not being given information or documents.

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2022

You will either need to go down to Wayne County to get those documents and to appear in court there, or hire an attorney who can more readily handle a matter in Wayne County.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: If I do not have an attorney, how do I respond to an ex Parte motion?

There are untruths in the ex Parte

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 27, 2022

While you may not have an attorney, you can and should certainly try to hire one to assist you with responding and representing you. In the meantime, additional information is needed to respond to your post as there are multiple ex-parte motions which have different ways/requirements for... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I live in the State of Texas - I am unmarried, but I have been living with a woman for the past 10 years.

I have been very careful to avoid having our living situation qualify as a common law marriage under Texas law. I did designate my live-in friend as my domestic partner for health insurance purposes when I was working, but there was never a formal agreement of any kind. I own 100% of the house we... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

You need to have a Will and be specific . Show her the will and explain to her your wishes,

1 Answer | Asked in Family Law for Texas on
Q: Can my boyfriend and I marry in Texas with a prenup that will allow us to keep our finances, assets completely separate?

We've lived together 10 years. We are in our 60's and both own a lifetimes worth of assets. Additionally, our philosophies regarding finance handling are radically different. We laugh about our differences.

We love each other and want to make it official by marrying but neither... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

Yes, and I think it is a great idea,

1 Answer | Asked in Family Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: Can an Amicus Attorney 1. Modify a temporary order 2. Strike all of a Pro Se's pleadings?

EXAMPLE:

The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 26, 2022

I doubt the court will strike your pleadings but you need to pay or settle the case,

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