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Family Law Questions & Answers
1 Answer | Asked in Family Law for Florida on
Q: My mom passed away last june from dementia. She had a will made years ago my dad was her caregiver

I don't even know what was in it or if that would even be valid now because of her being sick. No amount of money would ever bring her back, I have sister which I'm sure has received something but I'm never told anything. I just wanted to know if there's anything I can do? Thanks

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 17, 2022

It is the executor's duty to notify you if you are one of the beneficiaries named in the will. If you don't want to wait for the notice, you may go to the court where it was filed (probate court) to find out who the executor is or review the will yourself. Generally, these documents are... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Illinois on
Q: What can the disabled ward do? When the ward and guardian disagree? What options does the ward have
Stephanie Sexauer
Stephanie Sexauer answered on Jan 17, 2022

A Ward has the opportunity to seek to restore himself or herself at any time. This request can be made to the Judge directly or to the Guardian ad Litem (if one was appointed). Though it's not required, it would aide the Judge in making a determination that your circumstances have changed so... Read more »

1 Answer | Asked in Family Law, Workers' Compensation and Health Care Law for Illinois on
Q: Question about a family member who is hospitalized

My brother is hospitalized after having a stroke, he not able to communicate well but for hospital aid and benefits we need to access thinks like bank statements and pay stubs. They haven’t been given to us at the bank or his job. Is there some legal paper we can get to be able to access that on... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 17, 2022

If he hasn't appointed anyone to hold his power of attorney for health care, you'll need to make an appointment with a lawyer to file papers in court to create a guardianship for a disabled adult. From what you describe, this should be done as quickly as possible.

1 Answer | Asked in Family Law for Florida on
Q: when we got divorced we were ordered to sell the house. he house was a marital residence. Deed was in both of our names,

The agreement was to stay there for 3 years and then sell. After three years, she told me that she would love to keep the house, and told me she was going to pay monthly for my half. I agreed and changed the deed to her name. The only condition I put was for her to pass the mortgage under her name.... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 17, 2022

If you have not already, you need to return to court with a Motion for Enforcement on the original court order/ agreement to sell the house. Consult with a local family law attorney for more specific advice based on what has happened since your final judgment was entered.

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Probate for Arizona on
Q: Dad had temporary legal decision making but went to prison my rights fully intact, can I go get my kids from the Stepmom

My rights are fully intact and dad is now in prison and the stepmother is not letting me see or speak to my children can I get the cops and go get my kids

Stephen M Vincent
Stephen M Vincent answered on Jan 17, 2022

I think just showing up and taking the kids would do more harm than good, and most likely, the police aren't going to assist you; they will instead tell you that you need to go file with the Court.

If I were you, I'd file a Petition to Modify Legal Decision-making, Parenting...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I move out of (CO) state with my son?

We have joint custody and I have primary custody. Parenting time is switch every 2 weeks. My relocation would be to Texas for better living and because I would be able to buy a house there. Our son is 11turning 12 in May.

Sabra M. Janko
Sabra M. Janko answered on Jan 17, 2022

You would have to have the other parties cornet or a court order.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I want full custody when my daughters born. Her father & I are not married. can I file for child support & have full cus

My babies father is violent, a drug user, a felon & I have documented reports with the police of the abuse. We are not married. I filed an OOP against him, & will be filing one immediately for her against him when she is born. How can I file for child support & still keep 100% full... Read more »

Randi Sirlin
Randi Sirlin answered on Jan 16, 2022

He will have a right to see her if he is clean, but you would want to ask for supervised parenting time at his expense at a court affiliated parenting skills center or no parenting time if he is using.

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2 Answers | Asked in Family Law for Arizona on
Q: Do I have the legal right to request covid positive test in family law if it effects parenting time.

Maricopa county, Arizona. Father of child states he tested covid positive and it has effected parenting time. He lives in Texas and this now has caused his parenting time to change. I have sole physical custody and legal is 51/49. Mother having final say. He is currently saying I do not have the... Read more »

Randi Sirlin
Randi Sirlin answered on Jan 16, 2022

I can not tell what your question is, exactly. I recommend contacting an experienced family law attorney.

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3 Answers | Asked in Family Law for Florida on
Q: I have a 17-year-old who is going to be a father.

His girlfriend's mother wants their baby and told him he has no rights. What can I do so that if he wants to be in the child's life, which he does but he feels like it's hopeless, that he can not have this baby just adopted and they control what happens to the baby? He was in the... Read more »

Destardes Moore
Destardes Moore answered on Jan 16, 2022

He can register with the Putative Father Registry. http://www.floridahealth.gov/certificates/certificates/birth/Putative_Father/index.html

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2 Answers | Asked in Child Custody, Family Law and Military Law for Arizona on
Q: Would my husband and I be able to get/keep custody of his daughter if he enlists in the military?

My husband wants to enlist in the military, but he doesn’t want to lose custody of his 2yr old daughter. Right now he and his ex haven’t settled any sort of custody agreement in court, it’s all been verbal agreements. We currently are her primary household, and have been for over a year now.... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 16, 2022

You should consult with an attorney because that's a complicated question.

Arizona is generally a 50-50 state, and Arizona generally only goes away from 50-50 if there's some sort of safety concern with one of the parents or it's not logistically possible to do equal...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can the father of my child deny me visitation if it was court ordered?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 15, 2022

No. Your lawyer can file for contempt on your behalf.

1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: My stepmother is trying to buy me out but she hast to refinance the house to get the money and asked me to sign a paper

She asked me to sign paperwork relinquishing my rates what do I do

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 15, 2022

DO NOT SIGN!!! Hire a lawyer to review all documents. She is trying to take your inheritance.

1 Answer | Asked in Family Law for Michigan on
Q: My ex is taking my daughter refuses to allow me to speak or even see her what can I do about this

The mom says if I attempt to do anything about it she's going to tell everybody that I'm a child beating narcissistic a****** quote on quote I need help please!

Brent T. Geers
Brent T. Geers answered on Jan 15, 2022

If you don't already have a court case, you need to file a complaint for custody and parenting time with the court. If you do already have a court case with the mother, then you need to file a motion for specific parenting time and possibly custody.

Let her call you what she will....
Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Michigan on
Q: Hi, If you are married and child support end, what if you get a divorce. Can you get child support back from him?
Brent T. Geers
Brent T. Geers answered on Jan 15, 2022

Your question is a little confusing. Are you saying there was a support order in place that ended, but you were married the whole time? A subsequent divorce would not entitle you to recover child support that was ordered and paid.

1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for California on
Q: My son is going to be 12 in July. They took him from me 8 years ago after the sexual abuse was documented.

How can the system allow this to continue and not give me ANY type of communication?

This is so not the 'justice' we both deserved and he has been gone for 8 years . Everytime I refile a request for order its either a proof of service or I am just not allowed to speak?!?!

Dan Moseley
Dan Moseley answered on Jan 15, 2022

To reliably answer your concerns, a lawyer would have to review any court orders and other materials pertinent to your parental rights, and any section 290-registrant requirements that may apply.

1 Answer | Asked in Family Law for Utah on
Q: Two sister missionaries came to my door pretending to be child protective services, is this illegal?

I don't know why they did it... I just went along with it so they would leave, but it's left me feeling weird about everything ... What can I do?

Mike Branum
Mike Branum answered on Jan 15, 2022

There are a few scenarios where it might be illegal. If they represented they were some type of law enforcement officer, that would be illegal. If they only said they were with DCFS, that would not qualify. If they told you they were with DCFS to gain access to your home to commit some other crime... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: can a retract an item that i said ok to in an consent order that hasn't been sign by judge in 10 months.

I agreed to more than I wanted to under duress. The judge put in an order for the one item (that helped me) but nothing came from the rest. But its just hanging out there. Can I get a lawyer to request it put taken off since it was never approved?

Richard Diamond
Richard Diamond answered on Jan 14, 2022

That's a good question. As a general statement, when both parties notify the court that issues in dispute have been settled and they submit a signed writing to the court confirming the settlement terms, the court has the right to enforce those terms even if it has not signed off on the consent... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: can my aunt get custody and only allow me to see my daughter two weekends a month?

I have custody of my daughter (7) but she has lived with my aunt for 6 years. I lived with and took care of my daughter at my aunts for the first 3 years but my aunt kicked me out due to lack of space. I’ve always been involved in my daughters life and my wife and I have been working to... Read more »

Richard Diamond
Richard Diamond answered on Jan 14, 2022

YOU NEED TO IMMEDIATELY MEET WITH A DIVORCE LAWYER WHO REGULARLY HANDLES CUSTODY DISPUTES AND GRANDPARENT VISITATION CASES TO GET AN EDUCATION ON THE APPLICABLE BODY OF LAW GOVERNING YOUR TYPE OF MATTER. I have no idea what your aunt filed with the court nor what you filed in response, but there... Read more »

1 Answer | Asked in Family Law, Civil Rights and Landlord - Tenant for Ohio on
Q: How can I get someone to move out as quickly as possible?

They don't pay rent, they have no bills in their name. They do have msik that goes to that address in their name

Joseph Jaap
Joseph Jaap answered on Jan 14, 2022

You must evict them. Check your local court for the process, or use the Find a Lawyer tab to retain a local real estate attorney.

1 Answer | Asked in Divorce, Family Law, Personal Injury and Medical Malpractice for Oklahoma on
Q: What about repeated text communications?

from paternal cousin who is going thru an alleged agreed mediated divorce with my maternal second cousin [aka “daughter”] - anything you can do about his narcissistic behavior besides ignore it? Yep. Wrap your head around that one. Lol

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

you would want to consult an Oklahoma attorney, but my read would be 1) this is one divorcing person with another--let their attorneys handle it; if they have decided not to use attorneys, be aware that the person texted is getting free information, ammunition possibly. Why stop the flow. (In... Read more »

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