Questions Answered by Kenneth Mitchell Kaplan
Q: Can a judge grant parental responsibility & visitation to a parent who develop a criminal background during marriage?
3 DUI within 10 years
Domestic battery
Possession of marihuana
Habitual traffic offender
These are deemed minor crimes and should not prevent Time Sharing.
Q: If a husband comes home and tells wife, we're done and then takes off and goes to hotel with new GF is it Adultry?
Yes
Q: If i was to apply for child support and dna testn was done does this intitled the father rights?
If i was to apply for child support and they found my daughter's father and did the dna test and it was found that he was the father does that automatically give him rights to her? (we were never married) also how would i go about getting those rights removed if he was entitled to right? see the... Read more »
He needs to file a Paternity Suit in order to enforce his rights.
Q: If my present husband moves in with another woman while we are married, what can I do?
File for Divorce.
Q: Once a writ of ne exeat is signed by judge how can i enforce it so when my ex comes to the country they stop him
File an Emergency Motion.
Q: My husband is having an affair. I got an abortion with his child before I told him. Can he use this against me in court
No
Q: Can I go out of country for summer vacation while I am petition for family court filed? (but I'm not taking a child)
Yes
Q: I live in Fl (Polk County) and my ex husband will not let me move out of the county. What can I do? I am also unemployed
You can move at anytime. You can move with your children if you comply with the Relocation Statue.
Q: My children don't want to visit their father and I also have reasons to believe that he is using drugs, what should I do
Motion to Restrict Contact and Motion for Drug Testing.
Q: I have a sanction on my name how do to no father being on the birth certificate how do I go about removing the sanction
Submit an acknowledgement of Paternity to the Putative Family Registry.
Q: How do I get a copy of my original birth certificate with my bio parents names in NY
You will have to Petition the Court to Unseal the Adoption to try to locate your Birth Certificate.
Q: What if a 17 yr old wants to leave her adopted parents and go back to biological parent can she
No, once the child has been adopted she is considered the child of the Adopted Parents who have all rights over her.
Q: How do i adopt my step child? the father is not on the birth certificate and has abandoned her?
The Step-Parent needs to be published and I would be specific as it relates to the Alleged Putative Father but also publish as to all possible fathers.
Q: How would i be able to print out the forms for stepparent adoption if it wont show up
Contact an Attorney and they can prepare the Petition for Step-Parent Adoption on your behalf.
Q: When trying to open sealed adoption files what do i put in the "in the matter of" blank on the petition form?
It is in your best interests to give a legitimate reason to unseal such as a medical need to find out who your biological parents are.
Q: Why can't I adopt a foster child that I have had since birth since his parents are getting their rights terminated?
I have had this child for 12 weeks and DHS is looking to allow either an aunt or ex-aunt to adopt him. Aunt has an issue that concerns me.
I believe you can Petition to Adopt the child so long as DHS consents to your application.
Q: Can I file a stepparent petition to adopt without an attorney
Yes, a Step-Parent Adoption is a very simple process which can be filed without the assistance of an attorney so long as you have the Consent and Answer and waiver of the parents.
Q: How do i get in to adopted records
You must file A Petition to Unseal your Adoption records.
Q: If I am adopted and the adoption is closed, can i find out who my birthmother is?
You must Petition to Unseal an Adoption.
Q: I was adopted in Houston and am attempting to get my adoption file opened. Do I need a lawyer for that? I live in AZ now
In order to Petition to Unseal and Adoption it would be in your best interests to use an Attorney.
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.
