Get free answers to your Family Law legal questions from lawyers in your area.
Can the divorced, former spouse execute the will above the wishes of next of kin, blood relatives( brother/sister).
DCFS caseworker xx did not follow, DCFS's procedure and protocol on the
removal of xx on 08.11.2021.
Thus, xx had no legal grounds to take the child. The police also stated in their
reports that it was determined that DCFS would be taking the child into their custody.... View More 
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answered on Aug 31, 2024
It sounds like you may have grounds for a restitution claim based on the information you provided. If the DCFS caseworker did not follow the required procedures and protocols, and if there was no imminent danger justifying the removal of your child without a warrant, this could be a violation of... View More
I have an ex parte and child protection order against my Childs mother. I've been in this now for 2 years because I asked for help from the court when my daughter ran away and was exhibiting harmful and dangerous behaviors. Prior to that I had joint custody as me being the primary physical... View More
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answered on Jul 27, 2024
No, Child Protective Services (CPS) cannot prevent you from speaking with your child's doctor at a mental behavioral hospital if you are the non-offending parent and have legal custody. Since you hold an ex parte and child protection order against your child's mother, you have legal... View More
I got pregnant at 16 with my oldest son. His bio father was high on drugs and refused to be in his life and isn’t on the birth certificate. He’s been an in and out father until he was 22 months. He will be 8 in September and his sperm donor is trying to come back in his life but barely. My sons... View More
answered on May 2, 2024
You will need to contact an attorney that handles step-parent adoptions. You will have to file a petition in the county where you live, a guardian ad litem may be appointed and a home study may be necessary in order for the Court to grant your petition for step-parent adoption. You and your... View More
My mom is mentally abusive and has told me if i leave she will call the cops and they will pick me up and put me in juvee My mom has made sure it is impossible for me to get emancipated.
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answered on Apr 12, 2024
I'm sorry you're dealing with an abusive situation at home. That must be very difficult. Since you are under 18, legally you are still considered a minor and your parents have custody over you. If you leave home without permission, your mother could report you as a runaway and the police... View More
My children were stolen from me, turned against me, abused, coerced, kept from me, and my youngest was even put out at 9yrs old after being mistreated and now from PA my sister has filed for child support when my children can just come back. How do I stop her.
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answered on Apr 16, 2024
I'm so sorry you are going through this incredibly difficult situation with your children. Dealing with custody issues, alienation from your kids, and now a child support case on top of that must be overwhelming and painful.
A few thoughts on your legal options to try to stop the... View More
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answered on Mar 25, 2024
If you are dealing with a situation involving Child Protective Services (CPS), it's important to understand your rights and how the system works. Generally, CPS caseworkers can remove children from their homes if they believe the children are in imminent danger of serious harm. However, this... View More
I have a five year old daughter and I let her go with my ex whom is not her biological father he was supposed to return her and didn’t so I reported her missing. Somehow 24 hours after she was reported missing a lady I used to live with got granted emergency guardianship. I don’t even know how... View More
answered on Mar 23, 2024
No, you're parental rights override a temporary guardianship. You need to hire an attorney and contest this in the probate court.
She aged out of foster care at 18 and is now 25 no longer in the care of the state but still has it opened as unresolved and it's been 10 yrs.
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answered on Mar 11, 2024
Based on the information provided, it seems highly unlikely that the Department of Family Services (DFS) would still have an open case against you 10 years after your daughter turned 18 and aged out of foster care. Here are a few key points to consider:
1. Age of majority: In most states,... View More
This person has attacked me by every means possible. Through dfs to aging to Falsified police reports. There are 23 reports to police from me on the attacks. It has gone to pushing door open on me and assaulting me and disabled member. Two evictions in three months. Yet police do nothing. What do I... View More
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answered on Mar 9, 2024
I'm so sorry you're going through this incredibly difficult and distressing situation with your family member. Being subjected to gaslighting, false allegations, and physical assaults over such a prolonged period must be absolutely traumatic and exhausting. You're wise to recognize... View More
My husband has had his son in his care for his whole life. He had filed for custody and was sent to mediation. The mediator made him feel bad for not letting his birth mom see the child. He agreed to 50/50 custody, but the mom never signed the papers
Fast forward two months she sent him... View More
answered on Apr 5, 2024
Mediation itself is typically not binding unless the parties involved reach a mutually agreed-upon settlement that is then documented in a binding agreement and submitted to the Court. One of the tenants of mediation is the understanding that the parties may speak to individual counsel after... View More
What can I do about her demands for money? She is letting me see them this weekend for the first time in two months but only if I send her 200$ cash. I think that’s horrible and my twin daughters are calling me everyday asking why I can’t pay mom more money so that they can come see me. How can... View More
answered on Mar 6, 2024
You will have to take her back to court. The legal system is not self actuating and you have to bring a petition for family access and motion to modify to would likely be in order too. You need to speak to a family attorney.
my legal husband received an order of protection from a relative of mine but is not sure how to make it to Cass County as he resides in Wyandotte County. The court date is March 6, 2024
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answered on Feb 26, 2024
If your legal husband has received an order of protection from a relative of yours in Cass County Court, it's essential to carefully review the documents provided to determine whether his appearance in court is required. Typically, orders of protection involve court hearings where both parties... View More
My wife left me over a year ago and moved in with her mother. She has all her mail forwarded to her mothers address where she lives. I am trying to sell my home where do I stand legally? We are still legally married, can she fight me on selling the house?
answered on Feb 22, 2024
The short answer is that your wife's signature will be necessary to sell the house. Depending on the circumstances, she may or may not be entitled to "block" you from selling the house, but her signature will be necessary because of your marital status.
I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?
answered on Feb 15, 2024
Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.
Her grandparents have custody but yet have not said anything tell she got back into Missouri then comes over and just yells through my door that she needs to go with them or else. We don’t know what to do but she is not mentally stable there and hates living with them. Her mom gave her promotion... View More
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answered on Feb 24, 2024
In situations where there's a dispute over the custody or living arrangements of a minor, the legal custody order takes precedence. If the grandparents have legal custody of your friend, they generally have the right to decide where she lives until she reaches the age of majority, which is 18... View More
He will not talk to me about it or agree to anything but just wants me out. He purposely makes it uncomfortable for me here hoping I'll go. I'm disabled due to a stroke some years ago and it's very unsettling.
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answered on Feb 23, 2024
It's concerning that your husband is not willing to discuss visitation arrangements for your son and is pressuring you to leave the apartment. As a parent, you have rights regarding custody and visitation, and it's essential to advocate for your son's well-being and your own rights.... View More
background: Im 19 and my girlfriend is 17, we’ve been together since she was 15 and i was 17 and as soon as i turned 18 her dad died. her family life is rough and she wants to move in with me but her mom wont emancipate her or even let her get a job. (shes over controlling over what she does and... View More
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answered on Jan 30, 2024
No, generally a 17-year-old cannot legally move out without parental consent unless they are emancipated. Some things to consider:
• In most states, a 17-year-old is still legally considered a minor, meaning parents/guardians are still legally responsible for care and residency decisions.... View More
My husband was declared disabled and since has regained cognitive functions, how do we get him his rights back and end conservatorship
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answered on Jan 21, 2024
Here are the steps to end a conservatorship in Missouri when your husband has regained capacity:
1. File a Joint Petition for Termination of Conservatorship with the probate court that has jurisdiction over the conservatorship. This requests that the court terminate the conservatorship.... View More
I was provided with an attorney but they never filed any emotions on my behalf I was never allowed to call any witnesses or produce any evidence on my behalf. It's an attorney provided by the state and they have done absolutely nothing to help me in my case. They have denied me my... View More
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answered on Jan 15, 2024
If you feel that your state-appointed attorney has not adequately represented you, you have the right to raise this concern. Ineffective assistance of counsel can be a serious issue, especially if it impacts your constitutional right to due process.
First, consider discussing your concerns... View More
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