Get free answers to your legal questions from lawyers in your area.
I got my car before my marriage, but I plan on trading it in next year. The new car that I get would be during the marriage but the loan is carrying over from my old car. Can I possibly lose my car if I get a divorce even though I only drive it, pay for it, and my name is on everything? Or should I... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
This is a hyper-technical question that relies heavily on the knowledge and experience of the Pennsylvania judge.
The asker paints a picture that shows her separate property acquired prior to marriage, an automobile, which is a rapidly depreciating asset. Ordinarily, cars are ignored in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
Contracts procured by fraud have a six year statute of limitations, CPLR213(8), but divorce agreements are not any ordinary contract. Divorce agreements are "allocuted" which means the judge asks questions about whether both parties entered into the agreement freely, knowingly and... View More
I just checked the medical records for my daughter and despite an assurance by the pediatrician four years ago that it would be put in her record, there is no record of the incident and I had hoped to use that record in court in a case in which I am asking for custody of my daughter due to the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
Rigging a family court case against the opposing parent is a very dangerous step to take in a quest for the custody of a child. This question shows how the asker plotted with the child's pediatrician to set up the mother in a future custody case. The pediatrician's defense if any will be... View More
Filling out the jurisdiction affidavit to file in ny. The affidavit gets filled out to ny? Yes/ no?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
We are not certain what the asker means by a "jurisdiction affidavit." If he means a form UCCJEA-3, then certainly this form is filed with a New York family court as part of a modification petition of a foreign state's custody order.
The asker must be aware that the UCCJEA is... View More
My daughter is 12 years old. Her mother is suddenly back in the picture after 8 yrs. My daughter and I are hoping to move to Fl. What are the steps I need to win our relocation case? How would I prove moving to Florida is the best interest of my daughter?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
Perhaps the single most critical factor for an asker to understand in any relocation case is that the prior absence of a parent is no guarantee of relocation success. Any family court is a reunification court, and to tell a court that a parent was absent is to force reunification. Once that factor... View More
Without my consent and he has been asked to remove it. On this profile my father is seeking sexual companionship. My father resides in North Carolina
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023
The freedom of speech is preserved in the Bill of Rights, and only a court can abridge that right if there is a compelling state interest and the abridgment is narrowly tailored. Hence, without a court order from a family court judge aiming to protect the identity of a child in litigation, it is... View More
My soon to be ex-husband filed for divorce because I couldn’t. The children and I have been pinching pennies since separation and don’t have the funds for an attorney. His attorney sent me a notice about making an agreement for marital debts. I sent them an email on Nov.17.
I received a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
Any attorney here would love to offer carefully tailored guidance as to what this asker must do to preserve her rights in a Pennsylvania divorce action. However, we cannot do it because of both the user agreement in place here on Justia, and ethical limitations as to offering anonymous legal advice... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
Yes. The father can claim his children on his tax returns if the mother and father enter into a stipulation in court and agree for father to get the tax deduction. The parents can agree to alternate the deduction for each tax year, or they can agree to any other division of the deduction they wish.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
One must be very cautious about raising a child in a broken home under custody court orders in Pennsylvania. The word "contempt" can trigger various sanctions available under the custody contempt statute, and the Superior Court has affirmed contempt orders because it is putting its foot... View More
My son mother has primary physical custody. Someone outside of the family made me aware she is currently in AA. I had no knowledge of this she had 2 cps reports unfounded this year and a mental health break and hospitalization in the past 6 months. do i have grounds to file for custody or is it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023
Anyone can file anything one wants any time one wants, but the problem will be in winning. The underlying facts here are insufficient as a change in circumstances warranting a court's review of the current order of custody, and the whole proceeding will yield nothing.
However, there... View More
I will be filing a petition for spousal support in Family court against my husband who just left (no kids/no assets). I currently do not have a place to live, and I only live off of part-time income of 20k/year. I am looking for more work, but I also attend school full-time. My husband makes... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2025
This is a repeat question from this asker.
The asker must retain legal counsel and file in her local family court a petition under an F-Docket.
The asker cannot appear without representation in a New York family court because of the inherent risks involved.
I'm tired of my husband screaming at everyday all day and arguing with me none stop
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2025
Free divorces are always available when the parties file for divorce themselves. There is no lawyers fee involved. The only costs will be court costs that start with a $210 index number purchase fee. There are other fees.
The risk is that the parties may lose value because they are not... View More
My husband and I cohabited for 7 years and were married 4 months ago. He recently left abruptly, asked for space, and gave up our rental without informing me while I was staying with family. He also took my jewelry, and I still had belongings in the house. There has been no contact since.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2025
This series of legal questions are best answered by an attorney after a detailed discussion of more facts of this asker's case. We really cannot conclude with concrete and effective legal advice as to which court to file for something based on a man's departing a home, taking jewelry and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2025
What is the question? "Joint" is doublespeak for input as to the child's legal issues: which physician to visit, when to start religious instruction, which school to select for the child, how to commence music training, and so on. "Joint" matters in New York because that is... View More
Ex 32 (at the time of conviction) raped and impregnated a 15yr old child. He was sentenced to jail time and because of that has no relationship with my child. (He was only awarded letters to send at my discretion to give)(I offered my child the letters and they declined them so they are boxed up).... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2025
A parent can petition for anything he wants at any time he wants. The problem will always be to get what the parent wants.
Initial custodial orders (typically for mothers) are based on a rather broad spectrum of behaviors toward the child. There is the daily caretaking, the education,... View More
A friend of ours, who resides in the Bronx and is an immigrant, has expressed her intention to place her unborn child for adoption with my husband and me. We live in Suffolk County, NY. She has not yet given birth. Could you please provide guidance on the legal steps we need to take for this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2025
The asker seeks an adoption proceeding in family court. The problem will be that the surrendering mother will require the biological father's consent. A family court judge will not readily sign off on adoption papers in the absence of the child's biological father.
Once all adults... View More
I want to file a contempt of court motion. Which form do I use?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2024
The short answer is a GF-41, "Petition For Enforcement Of Order Of Custody Visitation." However, the asker must retain legal counsel to best implement a petition for contempt.
Money buys justice in an American family court, and the mother can foist a justification defense against... View More
I have had her since June 2023 neither parent does anything she is just use to hurt each other she has issues and needs to be cared for I love my granddaughter pls help
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2024
The asker can make a request for assigned (free) counsel to represent her in her family court dealings. Otherwise, private family law attorney do not represent litigants free of charge.
I am baffled as my cursory read of this topic suggests the answer is no. If the mother (i.e. my wife) tests negative for both gonorrhea and chlamydia (which she will) and the rate at which infants are born with conjunctivitis (pink eye) is <2% (materially less), then how could it be that my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2024
In light of public corruption alleged in government today, one must take a larcenous look at everything government does or does not do. Here, a tightly enmeshed medical provider who does the bidding of government child protective operatives is ordering the parent to smear a goop in his newborn... View More
My son's father is not on child support and left NY in 2021, permanently, for a truck driving job across the country. He has requested visits randomly and has been allowed to see his son at my home, in the part, or play areas as well as sporadic phone calls. There is not a custody order but I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024
The typical father will get roughly half time with his child. Impediments include criminal convictions and child abuse findings where the father hurt the subject child. Otherwise, there is no reason to withhold the child.
Hearing impairments are irrelevant. Limited contact is irrelevant. As... 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.
