Get free answers to your legal questions from lawyers in your area.
I called the police due to being in an emotional drunken state thinking he did it on purpose. I said I wanted to press charges but did not write a statement. Now that I’m sober the next morning I deeply regret calling the police. Is there any way to drop charges if I haven’t made a statement?... View More
answered on Sep 20, 2022
If he wasn't taken to jail, the likelihood that any criminal charges will be pressed against him is very slim. However, if it happens that criminal charges are pressed against him, when the Assistant District Attorney reaches out to you, you can inform them that you don't want to press... View More
The noncustodial parent is paying child support
answered on Sep 13, 2022
The non-custodial parent should file a suit to modify the current court orders on the ground that the custodial parent has voluntarily relinquished possession of the child. If the custodial parent had not show any intent to return or provide for the child's needs, 3 months is the requisite... View More
Today is 09/10/2022 and I received an “ATTY citation IV- D “that states I have been sued and expires 10 AM on the Monday next following the expiration date of 20 days after I was served the citation. The date filed is 8/9/2022 and it said it was issued on 8/15/2022. This is not correct this is... View More
answered on Sep 10, 2022
You have been served with court documents and a citation. The citation states that you have until 10:00am on the Monday following the expiration of 20 days from the date you were served. If you were served with the documents today, then you have 20 days to file a "response" with the... View More
My wife and I are the ones that have been trying to go to court about child support from her ex husband. My wife is wondering if we need a lawyer because of that question I posted.
answered on Sep 8, 2022
If you are unsure what your legal rights are, you should seek legal counsel to represent you in a suit like this one. At the very minimum, you should pay for a consultation with a family law attorney to discuss the case and determine if you really need legal representation or not. They may be... View More
Husband been gone 2 weeks. What legal grounds are there. For inheritance of property. This will leave her homeless.
answered on Sep 3, 2022
"Wife" would have to prove that she was married to the deceased "husband". If she is successful, then she would entitled to inherit through intestate succession. If the home was purchased during the "marriage", then she could claim it as her homestead and continue to... View More
answered on Sep 1, 2022
You cannot request a de novo hearing online. You must file a proper request with the court.
Also, a request for a de novo hearing must be filed no later than three (3) days after the Judge's ruling or is not considered timely filed and your request could get denied.
I hope... View More
My brother has primary custody of my 9 year old niece. Her mother lives over an hour away and has standard visitation orders. My mother lives with him and my niece. His question was, if he is incapacitated for any reason, can he designate someone (my self, my mother or my brother) to act on his... View More
answered on Aug 17, 2022
If your brother is incapacitated for any reason, whomever he wants to make decisions regarding your niece would have to intervene into their current custody case and present to the court why it is in the child's best interest that they are allowed to make decisions regarding your niece, over... View More
answered on Aug 11, 2022
This is a better question for a Wills, Trust & Estate lawyer. Or an Estate Planning lawyer.
I paid a lawyer company more than $8000 to represent me, but the mother keeps adding things into the case, like a mental health exam, 2-3 interrogatories, and discoveries, etc. The company charged me for each of these, and now I am just about broke. I cannot afford them to be at the pre-trial, or... View More
answered on Aug 4, 2022
Please do not give up on fighting for your daughter. Family law cases can be costly, so if there is any way you get the additional funds that you need to proceed with your current legal counsel, I would suggest you try. Also, maybe you can have a discussion with your current attorney and see if... View More
My daughter will be living with my aunt. She will attend school in texas and my aunt is asking that i sign a notarized letter to give up legal rights decision making of my daughter along with social security card.
answered on Aug 2, 2022
You should certainly speak with an attorney before you proceed with this course of action. You want to ensure that you are not giving to your Aunt more rights or responsibilities for your child than you intend to in this situation. An attorney may be able to help you draft a document that... View More
The other parent does not see the children as often if at all, mainly around holidays (compared to when the order was first established). child support is not consistent and there is a large amount of back pay owed.
answered on Aug 2, 2022
If your current court orders address claiming the children as dependents on your tax return, you can file a Suit to Modify Parent-Child Relationship and request a change to that language. in a suit to modify, you must be able to explain to the Court that there has been a "material and... View More
I have looked up several and none of them are actually probomo
answered on Jul 28, 2022
You may try the Collin County Bar Association. They may have a program that family law attorneys in that area use to provide pro bono representation in certain family law cases.
Absent a program as described above, most Family Law attorneys do not provide pro bono services.
Unless... View More
answered on Jul 23, 2022
You want to change the last name of "a" baby? Is the baby yours??
If the baby is yours, you can file a petition for a change of last name for a child. If Mother disagrees, you would have to explain to the Judge your reasons for wanting the name change.
I hope this... View More
I’m legal father of my child, my name is on the birth certificate I been taking care of her. I’m not legally married with her mom. Few days ago the biological father appears! What I should do ? He said he wants to claim her o put his last name on the birth certificate. What I not agree with... View More
answered on Jul 13, 2022
The biological father has rights to his child. He has the right to file a suit for paternity and if genetic testing concludes that he is the father, then he has superior rights to his child. The child's Mother has rights, so you may still be able to have some access to the child through the... View More
she had him served with c. support papers not custody and a TRO and now he cant speak to his daughters who he talks to nearly every day (one is 12 and the other is 6). Both children already get a check from ssdi and that amount will be going up since his oldest daughter ( from a previous... View More
answered on Jul 8, 2022
I am unclear as to why he was also served with a Temporary Restraining Order (TRO). There should've been an affidavit include with the paperwork for the restraining order that explains what the allegations are for the TRO. When in Ex Parte TRO is obtain, a hearing must be set no more than 14... View More
answered on Jul 8, 2022
The short answer is "yes", you can move away from the city you live if there are not any court orders. However, if the Father has a close and continuous relationship with his daughter (regardless if you ever lived with him), he could file a lawsuit against you and ask the court to either... View More
My friend if being sued for emotional damage and the Plaintiff requested a jury trial. My friend lives out of state. Can you do a jury trial by video conference or can he request no jury trial? He doesn't have the money to travel out state for a crazy lawsuit. They are suing for one million... View More
answered on Jul 8, 2022
Unfortunately, if the law allows for a jury trial in this situation, the Plaintiff has a right to request a jury trial and the Respondent (your friend) does not have the right to request no jury trial.
Your friend could file a motion to appear via video conference, but if the court denies... View More
answered on Jul 7, 2022
If you are needing pro bono representation in a family law case, you should do an internet search for Legal Aid in your area.
The legal aid intake specialist will get information from you to determine if you qualify for services. If so, and if they are able to represent you, they will... View More
I haven't received a temp custody order or anything - Can I show up and get my kids since the paper works states that is what I'm supposed to do for the month of July. Can he keep them from me?
answered on Jul 1, 2022
It is better if you have a copy of the court order, signed by the Judge. The Law says that you have to exercise your visit in order to be denied visitation. So, if you are to pick the kids up at Dad's residence, you have to go there to pick them up (even if you know he's not gonna release... View More
I have an enforcement action against my Ex in Texas court. My ex lies to court that he earns just $40,000 per year but I know he gets over $150,000 per year.
I want to secure payment records via subpoena from his work place to prove to court.
My ex works at newell company in GA.... View More
answered on Jun 30, 2022
Are you serving a Motion for Enforcement? Or a subpoena? Those are two different documents
If you are serving a Motion for Enforcement and if your ex is an employee of the company in Georgia, you cannot serve a Motion for Enforcement for your ex, by serving the company that they work for or... 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.