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North Dakota Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for North Dakota on
Q: Is restricting parenting time an appropriate means to compell a party? Can contempt takeplace on phone w/out motion

Judge stated i was not unfit nor was it likely i would harm kids. I rescheduled an appt. Once which did not stand in violation of any order. I notified the guardian when she asked. She told opposing counsel who by letter requested a hearing . the letter included the date for rescheduled test... View More

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

Yes.

1 Answer | Asked in Family Law for North Dakota on
Q: CPS came into my children's school and removed all of them from my husband and me. They then gave me 3days to find any

Kind of help. There was never no legal papers signed by a judge at anytime. I went to the team mtg at the village family center and they put me on a plan. Which I never signed and they still took my kids. No one will get back to me from there and the worker that started all this has a personal... View More

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

You should contact the nearest legal services office and see if they might assist you.

1 Answer | Asked in Family Law and Child Support for North Dakota on
Q: In north Dakota. Will my child support be raised on income I "will" make? Or is it based upon only past income?

I am leaving the state for much better income. My child will remain in North dakota with my Ex. Can she immediately raise my child support based upon what I "will" earn in the upcoming year, or, only after 1 year of income. This concerns me as I might not stay there and paying the... View More

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

The other party can seek a change in child support through the child support unit. Although the other party cannot unilaterally raise what you owe by simply telling you that you owe more, the state may.

1 Answer | Asked in Family Law and Criminal Law for North Dakota on
Q: Is it illegal for a doctor to accuse parents for child abuse when the child was only disabled?

My son has been having problems since birth. We took him in for a COLD and doctors saw him and assumed he was a victim of child abuse because of his appreacnce (eyes are cooked, small head, wiggles his fingers and have seizures about 4 every hour, he is almost 2 but looks like 7 months )... View More

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

As soon as CPS gets involved, you need an attorney. You should ask Justia to remove this question because it could potentially be used against you.

1 Answer | Asked in Family Law and Immigration Law for North Dakota on
Q: I am an American citizen and I want to marry an Indian guy. We been know for an year. He is here on F1 status.

Ours is a homosexual relationship and I am student how does our marriage help him get a green card.?

Roger Carl Algase
Roger Carl Algase
answered on Jun 7, 2017

Same sex marriages are now recognized by USCIS for green card purposes. I have handled cases like this myself and have not had any problems with the immigration office. The best way to proceed would be to get married and file for the green card, just as with any other marriage relationship. All... View More

1 Answer | Asked in Family Law and Juvenile Law for North Dakota on
Q: Im still in school an I turn 18 in November do I have to stay at home with my mother or can I move out

I wanna leave my house after I turn 18 an live on my own but my mom claims I cant till im done with school

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

At the age of 18, you can leave. However, you must also support yourself.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: I got a default judgement what can I do to get out of it ? I'm so lost I didn't understand the paper work served
Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

I see that your question is in the North Dakota section but your location is West Virginia. These states have different laws. However, if your case is located in North Dakota, it can be difficult to escape a default judgment. Although you are facing an uphill battle, it would be wise to contact an... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for North Dakota on
Q: I did not respond to an affidavit therefore the judge ruled in favor of the plaintiff, what do I do next?

The court date was for temporary until the initial court date. I am the defendant in the case and doing this pro-se and the plaintiff has an attorney. There are also dual protection orders. The plaintiff has broken his and there is a seperate case for that.

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

There is not enough information in your question to provide an answer.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: my daughters boyfriend took their 8month old son, how does the mother get him back

mother was told to file for custody and has, but court said it would be 30 days and he has to be served papers, the person serving papers hasn't been able to find him. when filing mother was told the father has equal rights until judge decides. how can they keep her son from her that long?

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

Go through the court, serve him by publication. An attorney is likely needed.

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for North Dakota on
Q: I've lived with my bf for 2 yrs. He owns the house. Do I have any legal right to temporarily stay?

There are no children involved. There was never any agreement for rent etc. He had a mild stroke about a month ago. He needs help with some chores and taking care of the pets. I have no other home and all my belongings are here. I left my teaching job to be with him. Towards the end of the school... View More

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

Your question is unclear as to whether you are being forced out. This would help in evaluating your question. Without this information, your question is difficult to address.

1 Answer | Asked in Family Law for North Dakota on
Q: My daughter would like to leave her boyfriend and move out her with us, her parents, in California. The problem is they

They have child together. What can she do and what are her options

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

The answer to this question is dependent on the particular situation and whether a current order exists. Contact an attorney.

1 Answer | Asked in Adoption and Family Law for North Dakota on
Q: Can I sue Connecticut DCFS for separating me and my twin and attempting to keep me from being adopted?
Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

This question has been asked in the North Dakota section but must be answered by an attorney licensed in Connecticut.

1 Answer | Asked in Family Law and Child Support for North Dakota on
Q: Hello my mother of us three children raised us without help need advice!

According to Florida child support order he owed $312 a month starting 03/01/1994. My siblings and I are taking care of our mother now and were wondering does he have to pay all the back support? How would we even do that? He has never even made one partial payment. We are now ages 21 25 28 years... View More

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

This situation cannot be handled in North Dakota. You need to contact that organization that administers child support in Florida or contact a lawyer in Florida.

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