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Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Is their common law marriage or cohabitation rights in Michigan?

My father is 84 years old in the early stages of demensia/Alzheimers. He has a girlfriend (58 yrs old) who has lived with him for approximately 6 years. If my father goes into a nursing home or passes what rights will she have, if any? To my knowledge, he has a will that my mother and him put... View More

Douglas E. Kuthy
Douglas E. Kuthy
answered on Mar 27, 2024

There is no such thing as common law marriage in MIchigan. There are no rights obtained from co-habitation. You appear to be on the right path but I would suggest that you also have a complete estate plan prepared for him including a trust while he is still competent enough to know what he is... View More

0 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: How Can I Defend Myself Against False Allegations that are Destroying My Life?

I live in Fulton County. I have filed multiple police reports (Report#240461930) since February 15, 2024, and I have not received any investigation updates. I am reaching out to seek urgent legal assistance in defending myself against false accusations made by a former friend, and stalker named... View More

0 Answers | Asked in Family Law for Kansas on
Q: My boyfriend of 20 years bought our daughter a car for her birthday he is now threatening to take it away.options?

He is on the title only. Her tags say her name. It was a gift

1 Answer | Asked in Criminal Law and Family Law for California on
Q: Can I get a restraining order for someone filing false allegations of neglect to CPS?

A family member contacted CPS and filed a report alleging general neglect. The allegations are false, I have been cleared by CPS. Can I have a restraining order filed against the family member to keep them from having contact with my child?

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, obtaining a restraining order against someone who has made false allegations to Child Protective Services (CPS) can be complex. Typically, restraining orders are issued in situations involving domestic violence, harassment, stalking, or threats. If the false allegations were... View More

0 Answers | Asked in Family Law and Child Custody for New York on
Q: My ex wife and ex mother-in-law law had tricked me into, which I believe was signing all my guardianship rights over

How to go about this and see if they did. They said it was only for temporary guardianship and now that I keep researching it I believe they lied

1 Answer | Asked in Copyright, Criminal Law, Divorce and Family Law for Illinois on
Q: Hello I would like resources for lawyers who can help me with people in my past who stole my identity

I have attended the Illinois institute of art Chicago and Western IL University in Macomb I have two kids who are missing and have been strategically denied resources because I've been sharing my experiences with how I was blackmailed and lied on and I'm not a victim by no means but the... View More

James L. Arrasmith
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answered on Mar 26, 2024

It sounds like you are going through a very difficult and complex situation. Identity theft, stalking, and harassment are serious issues that require careful legal handling. Considering your circumstances, including the impact on your personal life and your desire to take legal action, seeking... View More

0 Answers | Asked in Civil Litigation, Family Law and Real Estate Law for Oklahoma on
Q: My veteran parents homestead acreage was in our family for 62 years .Me being the eldest disabled son.

Just found this out.How can I get my parents homestead acreage back? 11 The probate homestead originates by force of statute, § 311, supra, provides:

"Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any... View More

0 Answers | Asked in Real Estate Law, Family Law and Probate for Oklahoma on
Q: My parents property was homestead acreage for years .How can I recover this property if trustee sold it?

Just found this-" Upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age. The title to the land set apart for the homestead property shall pass, subject to the right of homestead, the same as other... View More

0 Answers | Asked in Family Law for Alabama on
Q: What can my daughter do about a dhr worker putting her hands on my 16yo grandson causing him to have trouble breathing?

She was on the phone with him when he started to scream out "get the f off me I can't breath" over and over again. by the time she got to the DHR office the worker started yelling at her and threatening her.

0 Answers | Asked in Family Law for Washington on
Q: How long does it take judge to rule on motion?

A week and a half ago my lawyer went to court on a motion asking that my husband move out of the house during the divorce proceedings. The judge still hasn’t made a ruling. Is this normal to take this long? It’s a very ugly divorce and I don’t feel safe with him in the house. We’re in... View More

1 Answer | Asked in Child Custody, Child Support and Family Law on
Q: What does disclaimer of interest mean in a custody case?
James L. Arrasmith
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answered on Mar 26, 2024

In the context of a custody case, a disclaimer of interest is a legal statement by which an individual, typically a parent or guardian, formally renounces or gives up any legal claim to custody of a child. This action is serious and reflects a clear intention not to seek involvement in the... View More

0 Answers | Asked in Family Law and Child Custody for Tennessee on
Q: i need to know whether it is recommended that i file an ex parte or a motion to stop visitation, based on my situation

I have a court ordered parenting plan from 2014. My son spends 80 days a year with his father. he was with his father last week for part of his spring break and his father gave suicidal ideation in my son's presence. My son's father also aggressively wrenched my son's phone out of... View More

1 Answer | Asked in Family Law for Ohio on
Q: I am a legal Guardian for my mom has dementia, I am on her checking account if I borrow money and plan on paying it back
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

I cannot think of a faster way to be removed as guardian then to give yourself money from the guardian's account.

0 Answers | Asked in Adoption, Criminal Law, Family Law and Federal Crimes for Florida on
Q: How can I prove adoption fraud?

I'm not even certain its considered adoption fraud or something else however proper protocol was not followed & lies used.

This was a dependency case turned termination of parental rights/adoption. I asked the court & case manager to perform a family finding a provision to... View More

1 Answer | Asked in Family Law for Ohio on
Q: I am legal Guardian for my mom dementia,I am on her checking account can I borrow money from account pay it back later

I am her legal Guardian and will pay it back, I am on the bank account

Joseph Jaap
Joseph Jaap
answered on Mar 27, 2024

A guardian can only use funds for the person over whom they are acting as guardian. Using funds for personal use could open the guardian to personal liability, civil and criminal action. Use the Find a Lawyer tab to consult a local estate planning attorney to discuss the guardianship.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: So I have two children with my ex and he recently took me to court for visitation but he doesn’t help me financially

With them but he has a lawyer they want us to do a modification but he’s jobless and homeless at the moment and the judge just wants us to do the modification but I really don’t want him to take them because he isn’t stable what can i do because I feel like because he has a lawyer they really... View More

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2024

File a response to his petition. Put your concerns in there.

0 Answers | Asked in Civil Litigation and Family Law for Oklahoma on
Q: If I give my son my home upon my death, can a child or wife take it from him through litigation?

this is a home in Fletcher, OK...

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Is it possible for my son’s father to get visitations removed?

I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More

Robert Martin Daniels
Robert Martin Daniels
answered on Mar 26, 2024

If Father does not exercise the visitation he was granted, the Court can take it away. However, the court will go out of its way to do whatever it can to facilitate contact between Father and your son, unless there are some unusual circumstances (for example, abuse).

Child support is...
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1 Answer | Asked in Family Law on
Q: how to acess a decease Will and check foe life insurance beneficiary

Hello

I'm Canadian and in 2018 I got married to an american citizen who passed away in 2018, i want to inquiry if there i want to inquiry if there s a will or life insurance i could be a beneficiary

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2024

I'm sorry for the loss of your spouse. Family law attorneys don't really deal directly with these matters. You may want to repost and add the categories "Probate" and "Estate Planning." Attorneys there have insight into wills and estate-related matters. Good luck

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