Get free answers to your Family Law legal questions from lawyers in your area.
My spouse served me with divorce papers after I put a temporary injunction on them. Currently I am occupying the marital home and have full time-sharing/custody of the children (due to temporary injunction). If I voluntarily dismiss the temporary injunction, will my spouse be able to come/go from... View More 
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answered on Feb 2, 2024
You need to address these issues with the judge that is handling your divorce case. If there are no court orders to the contrary than you continue to share the children and the house. Speak with a local family lawyer for more specific advice.
I put a temporary injunction on my spouse and they hired an attorney before the hearing. If I decide to voluntarily dismiss the temporary injunction prior to the hearing, will I be responsible for their attorney fees?
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answered on Feb 2, 2024
Generally speaking each party is responsible for their own fees in an injunction hearing. You have an absolute right to dismiss your petition. Speak with a local family lawyer for more specific advice.
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answered on Jan 30, 2024
You do not say whether you are married or not. If the father is absent then you already have full custody. If you are looking for legal rights that you do not currently have then you need to go to court, either with a new case or a motion to modify an old case. Speak with a local family lawyer for... View More
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answered on Jan 29, 2024
A family lawyer that handles or specializes in dependency cases.
Cameras all over thr property.. I need to speak to a lawyer who can help me through this the right way. And if anything give me legal advice in this situation. I have a story to tell and there are so many other women this bas and is happening to by this man. I'm scared and do not know where... View More
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answered on Jan 26, 2024
I am so sorry this traumatic event happened to you. Seeking justice can be daunting, but you have options and are showing great courage. Here is my advice:
1. Call the National Sexual Assault Hotline 800-656-4673. Talk to a counselor before proceeding so you get emotional support and... View More
Do I have any additional rights to alimony or other support (health insurance coverage, etc.) considering he filed to leave our marriage for his criminal mistress?
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answered on Jan 26, 2024
Based on Florida law, you are probably entitled to alimony based on the length of marriage and disparity in income. The fact that he cheated does not have a direct impact on your alimony claim. If he spent marital funds on the affair you can seek to have half of that money credited to you. Speak... View More
I know there's no statue of limitations on when I can sue but they denied me due process and they trampled over a bunch of my rights & my child's rights and they lied about me in court & they used my child to get funds they gave me my 2 older children back & kept my baby &... View More
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answered on Jan 24, 2024
I’m truly sorry to hear about your situation. It sounds like you’ve been through a very difficult time. I can offer some general information that might help you understand the process of addressing your concerns with CPS.
To pursue legal action against Child Protective Services (CPS)... View More
Mom took minor kids from TN to PA for a job. Dad agreed, court order obtained. While in PA, mom took different job (paid way more) and moved to Maryland. A year later moved back to PA. Now mom’s company threatening to bring her back to TN (she’s been working remotely). Dad has moved to Florida... View More
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answered on Jan 24, 2024
This question is answered based on Florida law. Each time a parent relocates they either need the other parent's agreement or they need to return to court. In your case, it sounds like you have acquiesced to some of the moves. You can return to court when you have issues with the other parent;... View More
He’s adopted.
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answered on Jan 22, 2024
In Florida you are legally emancipated on your eighteenth birthday. You do not say if you are trying to prevent him from moving out. What you are describing is not "illegal" in any way. His being adopted does not change anything. Speak with a local family lawyer for more specific advice.
His 'caregiver' went into a 'relationship' with him whilst he had dementia. She has his ashes. There is no death certificate. How can we get his ashes back to his daughter in Australia?
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answered on Jan 21, 2024
I'm sorry to hear about your uncle's passing and the complicated situation you're facing. To find out who your uncle's attorney or power of attorney was, you can start by checking any legal documents or records that your uncle may have kept, such as wills, estate planning... View More
It was supposed to be made out too separate checks me and the child support division but instead made one check co payable to both i deposited it after asking about it the teller said no problem and they released 200 to me and said it would be released the next day instead they froze my account and... View More
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answered on Jan 20, 2024
Based on your narrative, it is difficult to know exactly what happened and what the check was for. This money seems to come from some domestic matter in Oregon. I suggest you talk to your divorce lawyer or see one to determine what the law is when a check is sent for apparently child support and... View More
I have an upcoming court date on Feb 13th
Thank you
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answered on Jan 19, 2024
The Petition should have numbered paragraphs. Your pleading is called an "Answer." For each number you need to admit or deny the allegation. If you choose you can explain why you deny but it is not required. You can also answer that you have no knowledge of a particular number if that is... View More
So my husband wants me to sign a separation agreement in the meantime before going through the process of divorce but the problem is that his income the past year was just half the amount of what he will be making this coming year since he just have this business opened for the last 6 months. So if... View More
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answered on Jan 17, 2024
Most important, do not sign anything without speaking with a local family lawyer. Child support is always modifiable until the child turns eighteen. Alimony on the other hand can be modifiable or non-modifiable. Equitable distribution means the division of the marital assets and liabilities. A... View More
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answered on Jan 16, 2024
You, as the father, must go to court to establish and/or modify timesharing (custody). If and when the mother is no longer incarcerated she can reestablish her timesharing rights. You do not get custody "by default" just because she is in jail/ prison. Speak with a local family lawyer for... View More
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answered on Jan 16, 2024
If the divorce is already filed then you can file a motion expressing your concerns. You must justify your concerns to the judge. The legal standard is what is in the best interest of the child. You must also schedule your motion for a hearing. Speak with a local family lawyer for more specific... View More
Person care. Can I get court order for supervised visits?
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answered on Jan 12, 2024
You can file a motion but the burden will be on you to show that there is a danger to the child and that it is not in the child’s best interest to have unsupervised timesharing. Speak with a local family lawyer for more specific advice.
the wife if the title to the property was never placed in her name ?
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answered on Jan 11, 2024
Assuming that the two of you lived together in the house during the intact marriage, you would need to establish the value of the house on the date of marriage and another value for the date of division. As a starting point, each party would be entitled to half of the change in value during the... View More
My husband and I have been separated for 6 months. Have no official parenting plan yet as I filled for divorce and he is in default and we are awaiting a date for the hearing. I notified him over text message I was taking our children on vacation out of state for vacation. Can I legally get in... View More
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answered on Jan 10, 2024
As long as there is no court order to the contrary, each parent has equal rights to travel with the children. You should let him know when and where you are going and when you are returning. If appropriate. let him know that he can contact the children during their time away by telephone, text or... View More
In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).
Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More
answered on Jan 10, 2024
No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.
By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added... View More
Child born out of wedlock April 2022. Father submitted parenting plan, she says she never got it. She lives in Polk County, he lives in Duval County. He's full time college student at UNF, full time security guard for State of Fla. and USMC Reservist (Savanna, GA). His plate is full. He has no... View More
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answered on Jan 8, 2024
It sounds like you have a child support order but no parenting plan. You need to return to court and file a motion to establish a parenting plan and timesharing. The court will order a timesharing schedule that is in the best interests of the child. What you are describing would be a long distance... View More
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