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I have been paying child support, but my ex has continuously prevented me from seeing my children since 2016. There is no formal custody or visitation order in place, although I have raised this issue during child support hearings and was advised to seek a pro bono family law lawyer. Despite... View More 
What is the name of the process to determine how much my ex-spouse is earning as a self-employed handyman? Spousal support was granted in October 2024 based on him earning minimum wage. How can I establish his actual earnings?
Can my stepdad adopt my child without the biological father's consent or knowledge, given that the biological father is in contact with and supports the child, but does not have any legal parental rights? The biological father does not want the stepdad to adopt the child.
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answered on Mar 19, 2025
In California, a stepdad cannot adopt a child without the biological father’s consent if the father is involved in the child’s life and provides support. Even if he does not have legal parental rights, he still has a say in the adoption process. The court typically requires either the... View More
I am assisting a minor who is currently in the foster care system in Ohio and has recently turned 18. She wishes to leave her foster care placement and return to her real family, feeling that her foster parents are controlling her and doing things she does not want. Although aware of the Bridges... View More
I previously lived in Maine and legally changed my first name from "V" to "T" through my marriage certificate. After divorcing, I retained the first name "T" and obtained a court order changing my name to "T, Maiden Name" in Maine. I also updated my social... View More
I have a child support court hearing in California where I am requesting a reduction in my support payments. My ex previously had a full-time salaried job but decided to quit to start her own business, resulting in a lower income. She claims this lower income on her income and expense declaration,... View More
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answered on Mar 19, 2025
You can argue that your ex voluntarily reduced her income by quitting her salaried job, which should not automatically justify an increase in child support. Courts in California may consider whether a parent is voluntarily unemployed or underemployed when determining support payments. You should... View More
I was assisted by a lawyer at a firm in a criminal case, while a different lawyer from the same firm represented my parents in a custody case for my son. This firm also represents my brother and now represents my daughter, who is trying to take custody of my son. This has all occurred since 2013. I... View More
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answered on Mar 19, 2025
Possibly, but if the family law attorney has been partitioned off from anything in your criminal side, it likely would not constitute a conflict. If you are concerned, you can seek removal of the opposing counsel on the basis of conflict of interest.
In my divorce process, who typically selects the Qualified Domestic Relations Order (QDRO), and how much interaction will I have as the party with the pension plan? I'm concerned about the valuation method being used and want to know if I can contest any values that don't seem to be a... View More
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answered on Mar 19, 2025
In a divorce, the QDRO is typically prepared by the attorney or a professional with experience in dividing retirement benefits. While both parties have a say, the plan participant (you) will usually have some level of interaction to ensure the order aligns with the pension plan’s requirements.... View More
I told my partner's sister that she could not have a christening for my son, and she agreed to respect my decision. However, she then went around me and talked to the father about it. My partner and I are together raising our son, and we discuss decisions for him jointly, although we have no... View More
I am currently in Vietnam and plan to return to the United States on March 26, 2025. Recently, I received an email from my spouse’s attorney stating I am not allowed to return to my home, which I co-own and have not signed any document relinquishing my rights. I am unemployed, facing financial... View More
The mother of my child is getting threats, death threats because her husband drove drunk and kill someone now the husband in jail and people are threatening the mother of my child they know where she lives where her parents live and I don’t like that my sons in the middle of all that what if... View More
I have 50/50 legal and joint custody with my ex, who resides in Minnesota, while I am located in Michigan. I've discovered from a family member that my ex and his wife are planning to relocate to another state without notification. I am concerned because they intend to move into my... View More
In California, during my divorce proceeding, our combined debts amount to $63,000. My husband has a retirement account valued at $39,000, and I have one valued at $5,000. There are no prenuptial or postnuptial agreements, and we have not come to an agreement on asset division. Additionally, a... View More
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answered on Mar 19, 2025
In California, community property laws mean that both debts and assets acquired during the marriage are typically split equally. Since the $63,000 debt was incurred during the marriage, the court will likely divide it between both of you, regardless of whose name it's under. The same applies... View More
I had my parental rights terminated for a year due to convincing evidence of abuse and neglect. My ex is likely pursuing full custody. I've been completing court-ordered counseling. What are the chances that I'll receive part-time custody, or is it more likely that my parental rights will... View More
I am a co-executor and beneficiary of my mother's estate, sharing these responsibilities with my sibling who has narcissistic personality disorder and is an alcoholic. After my mother passed away, I requested the Family Exemption of $3,500 due to upcoming bills and was told by the attorney... View More
I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the... View More
answered on Mar 18, 2025
The answer to your question is not that simple. In a divorce the starting point for division of property is 50/50. However, there are many factors that can change that. For example, since you have been separated for four years I am assuming that you have not paid anything towards the house for the... View More
I am divorced, and my ex-husband is named as the father on my child's birth certificate. However, a DNA test conducted before our divorce was finalized showed he is not the biological father. He has not contacted us or seen the child for over 8 months, despite a divorce decree stating he is to... View More
I had a court date on March 11, 2025, regarding a parentage case. The respondent filed a request to quash the case, citing my relocation to a new county, but the judge ruled against quashing. During that session, the judge also confirmed paternity, and the respondent signed a paper acknowledging he... View More
answered on Mar 18, 2025
Default occurs when the Respondent does not file a response to the petition for parentage (aka paternity; aka Petition to Establish Parental Relationship). The responding party is not necessarily in default because they do not file a response to other types of filings such as a Request for Order.... View More
I want to file a motion to transfer child custody jurisdiction from California to Tennessee. The child has lived in Tennessee since July 2024, following a court order in May 2024 due to the mother being charged with child neglect. I (the father) have lived in Tennessee for 10 years. The child’s... View More
I am concerned about Child Protective Services (CPS) possibly taking our newborn child away. My baby mom didn't take her psychiatric medications during her pregnancy due to advice from her doctor, who provided documentation stating that the meds posed a risk to the fetus. We have been... View More
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