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Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Mentally unfit co parent-what can I do?

I am in NJ. I have full legal and residential custody and my ex has supervised visitation twice a week. I have recently found out he has been getting money from, or

Not paying people by saying our daughter has cancer when she doesn’t. He doesn’t work, and has never paid for child... Read more »

Richard Diamond
Richard Diamond
answered on Oct 6, 2022

You have sole legal and residential custody of your daughter, and your ex has only 2 supervised visits with her per week because the court was convinced that he has serious mental health issues, making him a danger to your daughter. The fact that he is scamming others for money supports your claim... Read more »

1 Answer | Asked in Family Law and Estate Planning for Michigan on
Q: My father-in-law recently passed away there was no will If one child’s name was put on as beneficiary to the bank accoun

Does that legally mean it’s just her money or would that money have to go into an estate and be split

Trent Harris
Trent Harris
answered on Oct 6, 2022

Bank accounts that have a payable on death beneficiary designation on them pass outside of probate. That means if your father-in-law named someone as a beneficiary to his bank account, the money belongs to that person, and that person alone, upon your father-in-law's death. That person (she?)... Read more »

2 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Energy, Oil and Gas for Texas on
Q: Person in possession of heirship affidavit on my ancestor has been impersonating self as my deceased ancestor since 198-

She and her descendants filed false documents to access in a county court to collect royalty payments on the gas and oil leases which she forged. Need to file for the court to review all related documentation and restore my rights. Want to represent self in court as I can tell my story and... Read more »

Aimee Hess
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Aimee Hess
answered on Oct 5, 2022

It's hard to get an attorney to agree to a partial representation. That's like asking a surgeon to help you while you do your own gall bladder surgery. It's not a good idea to represent yourself in something like this. You will be held to the same standard as an attorney as far as... Read more »

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1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal for my aunt to go into my home without permission and go thru all of my things? I’ve only got 1100 left

And it’s mine, currently the home is technically still hers, so I don’t know if there is anything I can do about my aunt going into my home without permission. The home is in Texas btw

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 5, 2022

You will need to repost your question with some more facts, such as whether there is a lease, what does "technically still hers" mean and 1100 what?. You will also need to repost this to a category for Texas. The laws vary from state to state.

1 Answer | Asked in Education Law and Family Law for Michigan on
Q: My wife and child were a victim of intimidating and verbally abusive behavior from a teacher at my sons school

Can i file a ppo on my sons behalf? It has affected his ability to feel safe and comfortable at school and is affecting his education

Brent T. Geers
Brent T. Geers
answered on Oct 5, 2022

What is the school saying about this? That should be your first stop.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: If I give up custody does that mean we're divorced?

Got married in California moved to Pennsylvania, decide to part ways, gave up custody, I move back to California. Trying to remarry right now. I have the original marriage certificate.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 5, 2022

Divorce occurs after a petition for dissolution is filed and entry of judgment of dissolution. Giving up custody does not automatically result in divorce. It doesn’t work like that.

3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: My dad and I are joint tenants of a home. If my dad passes does full ownership transfer over me or his wife?

We recently purchased a home and my dad is married to someone that is not my mother. Would his rights of the property transfer to me or would it be handed over to his spouse. When we closed on the home, they did make her sign a paper acknowledging that she was not going to be on the deed to the... Read more »

Howard E. Kane
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Howard E. Kane
answered on Oct 5, 2022

If the joint tenancy deed remains intact, then you will be the sole owner upon your father's passing. However, you will need to file/record an Affidavit of Death of Joint Tenant with the county recorder's office. However, a joint tenancy deed can be terminated if either joint tenant... Read more »

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1 Answer | Asked in Family Law, Criminal Law, Juvenile Law and Libel & Slander for Texas on
Q: Can a father legally keep me, an unrelated adult, from communicating with his kids, even if there is no bad intentions?

A father of 2 boys that Ive known for almost 4 years in person asked me to cease communication with them for no reason in January. I didn't listen and continued communication, until 2 weeks ago when he said he found out about our communication, and harshly told me to cut contacr and "seem... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Oct 5, 2022

If you are not in any way related to these children, and sometimes even if you are related, a parent absolutely has the right to prevent you from communicating with their children. Absent certain circumstances, a PARENT of a child(ren) has a more superior right to their child(ren) than ANYONE else.... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: In Ga family law if my ex husband hires an attorney do they have to advise me even though he hired them to represent him

When my husband filed for custody of his children, he hired an attorney, and he was told that since his ex-wife did not have an attorney, the attorney had to advise her in their child custody case. Is that true?

Regina Irene Edwards
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Regina Irene Edwards
answered on Oct 4, 2022

No. An attorney only works for one person. If you want legal advice, you need to get your own attorney.

1 Answer | Asked in Contracts, Divorce and Family Law for California on
Q: A person inherited house & was with some1 not married then moves to new house & takes 200k into new home w/person

Will the person get anything if they separate after 10 years of being together ? What if new house has both people on the deed ?

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

This is a little confusing and more information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Family Law for Ohio on
Q: If my husband left 7 months ago does he have rights to move back in legally?
Joseph Jaap
Joseph Jaap
answered on Oct 4, 2022

If nothing has been filed with the domestic relations court, and no protection order has been issued to keep him away, then since you are still married, you have no right to exclude him. If you file to terminate the marriage, then could ask the court to grant you exclusive occupancy. Use the Find... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Is it possible for me to get emergency custody of my girlfriends daughter from the father and my girlfriend is in jail.

The father has never been in his daughter's life the 10 years she has been alive.She has been living with me for the last 3½ years with her mother and brother. Her mom recently went to jail that's when her father came and took her after filing an exparte for emergency custody by a... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

It would depend, more information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: My gf's parents claimed her as special needs dependent and she doesnt want to be claimed. How does she get out of it?

She has hydrocephalus and mild cerebral palsy. She doesn't wanna be around her racist stepdad and her mother isn't helping 50% because of her unapproval for me and 50% because she has debilitating back issues. Her aunt and uncle agrees with me and her but don't wanna overstep the... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 4, 2022

How old is your girlfriend? I'm not sure one issue has much to do with the other; one's a tax issue and the other is a relationship issue.

1 Answer | Asked in Family Law for California on
Q: Can I deny visitation to protect the other kids health from a upper respiratory infection which is contagious till clear

I have 3 daughters with children mom she kept my 3 year I got my 6 and 7 baby baby went to doctors has a upper respiratory infection I don't want 6 and 7 to be around her till she is cleared by doctor can I deny visitation for health concerns I do have custody mother only has visitation

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

The court would consider what is in the best interests of the child. That said, with a custody order in place, you are generally bound by such an order. However, if obeying with it would endanger the health, safety, and welfare of the child, you can seek an ex parte emergency order for a temporary... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: If I go into a recovery center can my son's father take him from me? there is no legal custody agreement. my son is 8

and lives with me in my mom's home with her and my stepfather. he is with his dad on weekends @ 100 miles away. how can I assure that he does not try to keep him while he is in my mother's care?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

How long will the recovery center be? Generally you have a right to be in your child's life. If the court determines you to be unfit or unable to care for the child (e.g., while you are in a recovery center) they can award temporary custody to the father; you can then petition to change... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can you offer to waive child support arrears (non-aid), in exchange for non-custodial parent's consent to move-away?

This is a child support case in California. Wondering if there is a family law code or case law that prohibit the use of waiving arrears as part of a family law agreement. Would rather waive back amounts owed than go through a lengthy court battle if consent is not given.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

Child support generally is waivable, but ONLY IF the court determines that the needs of the child can be adequately met in the absence of support. That is to say, you can settle on the issue of child support; but the court must specifically grant approval of this to ensure that the children are... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: If a awol Foster child is picked up by the cops then he is released to a family member knowing the child is awol

What should the family member do? Could family member legally file for guardianship?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

The family court can decide upon custody of the child. You can file an action in court to determine proper custody of the child.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for New York on
Q: My ex is incarcerated and it was a domestic violence situation . His mother is requesting custody . Can I ignore this ?

My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 3, 2022

You must appear in court to answer the petition. The fact that she is petitioning for custody does not mean that she will be given custody. Because she is a non-parent, she would have to first show extraordinary circumstances, such as abandonment or neglect on your part. She would then have to... Read more »

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1 Answer | Asked in Family Law and Education Law for Mississippi on
Q: Can my child be enrolled under a former last name if the order was made to change and it has been changed for +1 year?

I, Dad, have joint legal custody, whereas 'Mom' has paramount physical, custody, and care. In the order, I was granted permission to change one of our daughters' names (Child S) as the other already had my last name (Child F). Child S is enrolled in school as SR instead of SH. She... Read more »

David Luther Woodward
David Luther Woodward
answered on Oct 3, 2022

You certainly recognize the problem, and the fact that a lawyer could help. You can order a birth certificate at the clerk's office in the county where she was born if it is in Florida. In other situations, contact the Bureau of Vital Statistics for the state of birth.

Once you have...
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