Get free answers to your Family Law legal questions from lawyers in your area.
How do we file a motion to suspend proceedings in our divorce? It is contested but no hearing dates are set yet. I am Pro See and my husband's lawyer just dropped him and we would like to suspend to see if we can work out our differences without withdrawing so he doesn't lose what money... View More
answered on May 7, 2018
The short answer is that the court does not have a "hold" option for matters. Hearings can be continued for good reason; however, if a judge hears that you're attempting reconciliation, he or she may dismiss the case and make you start over. You still have some time, though. Once... View More
This year I found out that my daughter's father has been working since 2000, has investment properties, co-owned several businesses, etc. He has all of it under an assumed name or family members. He has failed to pay child support since around 2007 and it was never paid in full or up to date.... View More
answered on May 7, 2018
This is going to be very fact dependent and rely on specific statutory language. You will need an attorney to assist you. At the very least, sit down to go over specifics as part of a consultation so you have a good idea of what to do next. Child Support Enforcement or an attorney may not be able... View More
She and the father have lived together over 18 years but were never married. She has no ownership in any of the father's assets.
answered on Apr 30, 2018
no, simply moving out of the house is not abandonment; now if she refuses or neglects to have contact with the children for over six months, then she will have abandoned the children.
answered on Apr 30, 2018
Until you are emancipated, you cannot move out without your parent's permission. You are not emancipated until you are 18, married, in the military, or able to financially support yourself.
-Joint legal custody
-other parent refuses to go to a place to get checked for lice
-children keep returning to our house with lice
answered on Apr 30, 2018
It sounds like you need a motion for contempt, to make the parent seek proper medical care for the child. Ask an attorney to assist you.
is it illegal for him to do that? his divorce asks for full custody for him
answered on Apr 30, 2018
It is sneaky, but not illegal for him to do that, you will need an attorney ASAP to assist you getting the protection order dismissed, and fighting for your custodial rights.
We recently found out she is claiming to now have seizures and has filed for disability.
answered on Apr 30, 2018
Standard support obligations end when the child is 18 or 21 if still in school; so yes, the child support should end. The courts don't automatically keep track of a child's age, so you will need to contact child support enforcement and file for termination of support.
It is... View More
I am about 40k in debt due to child support. I have supervised visits(2-3hr drive) one hr a week from a 2007 court order. I can't afford to remodify custody or child support payments. It cost me over a $100 every week to see him in gas alone. I have to choose when i can see him b/c i might... View More
answered on Apr 23, 2018
You can't terminate your rights without someone else to take your place, like a step -parent adoption. However you may be able to modify the order to reflect a no contact, no support agreement. Such an order would not get rid of the arrears; you would still owe it, but it would get rid of... View More
It's a very long story, but I need to leave my 'Legal Guardians' house and move away. I am more than happy to live with my biological father but my legal guardians are not ok with that. My legal guardians refuse to get me a personal counselor for my suicidal thoughts which they have... View More
answered on Apr 19, 2018
You cannot legally move out with permission from your guardians. Talk to your biological father, and have him speak to an attorney about his seeking custody over you.
I just got court ordered guardianship for my niece and she is in foster care would if be illegal if i went to get her?
answered on Apr 15, 2018
Once the juvenile court gets involved, the juvenile court has custody of a child regardless of your guardianship status. You will need to attend the court hearings and FST meetings to be granted custody and have the action dismissed by the juvenile court. Talk to an attorney who practices in the... View More
He has not seen her in 2 months and is saying he will pick her up tonight
answered on Apr 15, 2018
Yes, if you have a custody order, it must be followed and is enforceable regardless of the child's wishes. You will have to have the order modified to reduce or change his time with her. Talk to a family attorney to discuss modifying the agreement.
answered on Apr 12, 2018
If he doesn't show, and he was given proper notice about the court date, then you will receive a default judgment.
My son will be receiving his undergrad degree next month and I have dutifully paid everything and more required by my parenting plan. Now his mom wants me to contribute to two semesters of his MBA program because of the vague wording of the parenting plan. I maintain the "10 regular... View More
answered on Apr 11, 2018
Based on just the wording you have provided, it would seem as though you would have to pay for the first year of graduate school. There might be something else in your parenting plan or judgment that discusses the intention of 10 semesters to cover undergrad only. You might be able to modify the... View More
Am I allowed to have time to get counsel if my lawyer quit, isn't debt supposed to be split, I'm filing for a appeal because I don't think the judge was not only fair but I don't see how his decision is legal
answered on Apr 6, 2018
I don't understand your question. Give your property to whom? What decision?
You are certainly allowed to retain new counsel, but the judge is not required to put the case on hold to allow time for you to retain new counsel. Most will give a reasonable time period, however. Your... View More
answered on Apr 5, 2018
Child support is only awarded if the child is under 18, or under 21 and still in school, or if the child is severely disabled and needs continued guardianship and care. Talk to an attorney close to you about your circumstances and options.
I am Pro Se but not by choice. I am going to file an ex parte Show Cause to ask the courts to order my husband to pay for a retainer fee for a lawyer for me to even out the fairness a bit more because they are taking extreme advantage of me. I meet more than enough stipulations and he makes close... View More
answered on Apr 25, 2018
A Show Cause Order is granted upon a Motion for Contempt which must be personally served on the other party. You should file a Motion for a Temporary Order pursuant to 452.315 RSMo. 2016 and request child support, maintenance as well as attorney's fees and costs to be incurred. You should... View More
I am Pro Se but not by choice.
Is a "Temporary Order" and a " Stipulated Order" the same thing? I had prematurely signed the stipulated paper while we were making corrections while waiting to see the judge at the Temporary custody hearing that my husband never showed up... View More
answered on Apr 4, 2018
A Stipulated Order means an order that the parties stipulate or agree to. A Temporary Order is not a final order.
No one should make an unauthorized signature.
BEFORE my 30 day deadline was up I emailed the attorney asking for an extension to get what they are requesting. I ended up emailing her 3 times and my husband even emailed her asking on my behalf. He also left 3 messages the prior week for her. She had ignored it ALL and sent me a demand letter... View More
answered on Apr 4, 2018
Your options are to do nothing (not a good option) or file a motion seeking an extension of time, even though the deadline has passed.
I'm three month's away from turning 17. I need to leave my house due to the fact that it is an unhealthy living area. My mother and stepfather are not abusive. We all just never get along and have lots of issues with each other constantly. I was just wondering if there was anyway I could... View More
answered on Apr 3, 2018
The standard is "unfit, unwilling or unable" you just have to meet one, so it they are unwilling or unable then it still works. Also, you will need to be able to support yourself in some form or fashion. Talk to an attorney local to you about your circumstances to determine your options.
My daughter is 3 years old. Her father & I have never been married, we do not have a custody agreement. My daughters father is listed on her birth certificate and she does have her fathers last name. What rights does he currently have to her? Am i able to move out of state without his consent?
answered on Apr 2, 2018
Currently he does not have any rights to your daughter. You may move out of state. However, be aware, that he can always start a paternity action before you move and essentially stop your ability to relocate. Talk to a family attorney close to you about your situation and options.
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