Get free answers to your legal questions from lawyers in your area.
Can I pretend like I’m paying my parents to watch my kids?
How fast can I file with the corona virus going on?
answered on Apr 5, 2020
Depends on your case and goals. If you're asking the question, you should consult with a lawyer.
Corona is not affecting when you can file.
Are you wanting support or maintenance?
We just got divorced in September of 2019 there was no previous court order that required him to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. But I am unsure of this answer. Nothing about retro... View More 
I dont have extra money for lawyer. The court system has laughed at me and told me I'm no good for my son and without a license I cant properly raise our son. I need help pro bono. Our son needs me like he needs his mother. His mom dont work. Refuses to, and judge put in order that I'm... View More
answered on Jan 3, 2020
There are attorneys that offer paid coaching and drafting services.
I filed a petition with the court to relocate but I haven't gotten a date for a hearing. I feel as though I'm being held hostage by the state of Illinois. If he's not complying to the parenting plan (he doesn't see them, call them or pay child support) why do my boys and I... View More
answered on Aug 19, 2019
Did you present your motion to the court?
The court should have entered an order setting the tentative schedule.
The court doesn't give you a first court date without you asking for it.
So after he said no, I filed a petition with the court. I haven't gotten any response from the court at all. School has started and it will be better all the way around if we moved. What can I do, if anything, to speed up the judge to get a court date? What will happen if I just moved... View More
answered on Aug 18, 2019
You will not get a response from the court without having a trial.
You have to present your motion to the court by scheduling it per the clerk's instructions.
The court will then set a briefing schedule and set the matter for hearing.
The rules of evidence are... View More
He is 12
answered on Aug 15, 2019
Unless you have a custody judgment in Illinois, any court case will have to be in Nevada.
Diplomacy is easier than court. Would the mother be amenable to a conversation? I would start there first.
Good luck!
answered on Aug 12, 2019
It means the Sheriff was unsuccessful in their attempts to serve your spouse.
My daughter had a last name change because her mom put the wrong man down as my daughter Father's so she changed her last name with out my consent and my name is still not on my daughter's birth certificate, does that make me the father of this child and could the mom be in trouble for... View More
answered on Aug 8, 2019
Assuming you are not married to the mother, the name on the birth certificate does not determine whether you are the legal father.
To be the legal father, if you are not married to the mother, one these things has to happen:
- A judge signs an order saying you are the father;... View More
The mother of the child has often threatened to take their daughter, and has done so for short periods, when she is angry with the father. The father lives with his parents, and his mother babysits when he’s working. The mother is agreeable with this situation. The mother rarely takes their... View More
answered on Aug 2, 2019
Yes, she can, unless there is a court order.
The father could file a custody case and file a motion to maintain the status quo. If the motion is granted there will be a court order establishing the current schedule and saying that mother cannot do whatever she wants.
has just died he left a will in 2015 leaving me our pif condo, but we have since sold it.bought a house & a business he intended to update this even called a lawyer made an appt. from his hospital bed but was too sick to go. now I must split this with his 3 children. I have to move, so they can... View More
answered on Aug 2, 2019
I would suggest posting this to the probate or estate planning section of this website.
There is a court agreed order about orthodontist expenses: It reads "shall contribute towards orthodontist if deemed medically necessary and not solely for cosmetic purposes." The other parent does not want to provide proof. It was requested that we would take her to the consultation so... View More
answered on Aug 2, 2019
Document your attempts to get proof. Email is a good method. Make your requests simple and clear. You may need them in court, if you can't come to an agreement. Be wary however, fighting in court can cost more than "braces."
The kids and I live in Illinois, he lives in Nebraska, currently on parole. We moved to Illinois just after he became incarcerated in Nebraska 4-5 years ago. The divorce was finalized after I moved as well as the custody agreement that I had full physical custody of the children. He has been out... View More
answered on Aug 2, 2019
Depending on his past actions, you might be able to file for an order of protection.
I would put your local police and school on alert regarding his background and his intentions.
Not havint family in illinois i left 3 of my 4 daughters ygere my oldest has a differe ntfather i allowed my husband to come back and get her (shes the only father shes ever known) i trusted him i made the decision to do so bc i wasnt stable.. It didnt take me but about 3 months to get on my feet... View More
answered on Aug 2, 2019
Hi! If the kids are in Illinois, you need to start either a custody or divorce case depending on whether you're married.
Once the case begins, the judge may schedule mediation which will be an opportunity to talk the father what you're hoping for.
There's no legal... View More
The case was originated in hawaii. I was discharged from the military back in june of last year. My child support was calculated off of my income, in which i am no longer making near the amount. I literally cannot pay my bills. I sent in a modification request, although now im receiving threats... View More
answered on Aug 2, 2019
It sounds likes you need a lawyer in Hawaii to file a motion to modify child support based on your change in income.
Normal for a divorce lawyer do not give the spouse a number or a name?
answered on Aug 2, 2019
Hi! No this is not normal. When someone hires me I welcome them to give their spouse my name and number. It sounds like he's playing games for some reason.
I would consult with an attorney asap, especially if there are kids involved.
Her mom is verbally and mentally abusive. I am her 20 year old sister and I am willing to take her to NY. The parents have joint custody so can her mom stop her from going to him? I thought that after a certain age a child can choose where they want to live? Well, her mother doesn’t even give her... View More
answered on Aug 2, 2019
The only person that can file a case in custody court is her mom or dad.
If she's not living with Mom or Dad, the person she's living with can file a guardianship case.
A child's wishes are a factor in a custody proceeding but it's not the end all be all. The... View More
Now the judge has to sign off on the parenting plan to make it an official court ordered paper. We've had to reschedule/ ask for an extension two times already because neither my ex- husband or his lawyer show up to court. My lawyer doesn't tell me much, all he tells me is that my ex-... View More
answered on Aug 1, 2019
Your lawyer needs to be putting pressure on the other lawyer and the judge to finalize things. If I were your lawyer, I would think about filing a motion for attorneys fees if they are actually wasting time - but that would be an extraordinary measure.
The judge won't let endless... View More
My child is scheduled for an in-camera meeting with the judge regarding primary residency during the school year. My child is 12 and is nervous about the other parent badgering them about what is discussed. I want to be able to reassure my child.
Thanks
answered on Aug 2, 2019
The professionals involved in contested custody proceedings are usually very understanding of the stress the interview may cause the child. The judge will be personable and informal with the child most likely.
I agree with the other attorney that suggested a restraining order re... View More
I had to move out in dec last yr due to his emotional and mental abuse/accusations. And he refused to leave- And I didn’t want my children to witness anymore... im currently renting a house until I can either get my house back- or if forced, sell and purchase a new home. I have the children... View More
answered on Jul 22, 2019
If you have a pending divorce, you should file a motion to address everything you mentioned and to request temporary relief.
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.
