Get free answers to your Family Law legal questions from lawyers in your area.
I have called the cops and they said they couldn’t do anything but make a report but I’m not sure what I need to do.
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answered on Oct 8, 2024
Police seldom get involved in withholding matters, even though they should. It is likely that you will need to file a motion with the court to hold him in contempt and modify parenting if he actually violates the parenting time order.
if both spouses using separate accounts paid $30,000 on mortgage and one paid 20,000 and the deserting one paid 10,000, can deserting spouse who paid less be forced to pay the extra 5000 to meet an equity division requirement regardless of profit on the sold house?
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answered on Oct 8, 2024
Potentially yes. It would require an order from the domestic relations court as to the split of equity and assets.
And if a court ruling is required for this and one spouse has proof that they paid more on the mortgage than the other spouse, does that give them a favorable stance in getting a ruling for them to sell it the way they want to or transfer the mortgage they want to?
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answered on Oct 8, 2024
The court decides. Paying more on the mortgage is only one of many factors that the court would use in splitting all assets, not necessarily just the equity from the house.
My daughter's husband is leaving her. She can't afford to make payments on the house or buy him out. She wants to sell the house for only the mortgage balance (plus closing costs) or have someone else assume the mortgage. If the husband refuses, what legal recompense does she have if any... View More 
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answered on Oct 8, 2024
Unfortunately none at the moment. She will need to file for divorce and obtain a court order as to either the transfer of the house into her name so she can sell it or an order selling the house.
My sons ex lied about her baby be his because he cheated and moved on my son had to file for paternity now that they got results she made up lies and filed a false protection order
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answered on Oct 2, 2024
Step one is to defeat the protection order by demonstrating that it is not justified. Simultaneously your son should file in his county's juvenile court for parenting time.
We have permanent legal custody of the 4 yr old. She and I are now homeless, but she spends most nights with him. I have no home or bed at the moment for her. I would like child support and spousal support and a place for she and I to live.
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answered on Oct 2, 2024
Justia indicates that you are in Florida. Spousal support and child support are very state specific. I recommend that you reach out to the Florida bar for this, and not the Ohio bar.
I'm 18 under a minor role in my bank account where I have earned all my money through working. My parents and I don't have a good relationship. What legal actions can I take? Even if I have to sue to get my savings and college fund.
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answered on Sep 19, 2024
Once you turn 18, you generally gain legal control over your finances, including bank accounts. If your parents are listed as custodians on your account, you should first contact the bank to request that the custodian role be removed, as you are now legally an adult. Banks are usually required to... View More
She has already shown up at my house at random times demanding to see my kids. Has made false accusations and called the police on me. I have full custody and need some advice. I tried to get a protection order but was told I didn’t have enough evidence at that time.
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answered on Sep 17, 2024
When she shows up call the police as she is trespassing.
We bought our home during our 8 year marriage. Documentation does not have my name on it as owner. To save money, we opted to try to settle with a mediator we still need to get. My husband suggested buying out my equity in the home and paying off my car for me by dipping in his 401K in lieu of... View More
answered on Sep 9, 2024
A mediator helps the two spouses reach a settlement outcome that both spouses agree is fair, or at least tolerable. But if each spouse is not fully informed of their potential rights and all the implications of the settlement, then that spouse might be at a disadvantage in agreeing to a mediated... View More
They were never married and she is now married and has two boys with her husband. Her girls do get social security because their birth dad has a disability and he pays a small amount in child support as well. Would abandonment come into play here or no because of the SS and child support? My... View More
answered on Sep 8, 2024
It sounds like your daughter needs to hire an attorney and get a step parent adoption for her husband
I lost custody of my son but still maintain my parental rights. Custody was granted to his grandma but she has lost custody of him twice. The first time she tried to kill herself, followed the case plan and got him back and then accidentally recorded a message on the Casas voicemail telling my son... View More
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answered on Jul 21, 2024
You can start by gathering all evidence that demonstrates your efforts to maintain contact and the barriers you've faced, including the recorded voicemail and any documentation of missed visitations due to the grandma's interference. Present this evidence clearly to the court and insist... View More
the possible father of baby doesn't have paternity established
I pay my ordered child support, but haven't seen my kids in almost 9 years. Their mother prevented contact. I know I should have filed for visitation long ago. My kids want nothing to do with me. What should I do?
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answered on Jul 3, 2024
You are in a very tough position. A biological parent's consent is not needed for a step-parent adoption if they have had less than de minimus contact with the minor children for more than one year without reasonable excuse. A court will have a hard time concluding that your failure to file... View More
Me and my husband are filling for marriage dissolution, and we agreed on everything and want to keep the house in both names, as it is, and use the property as a rental home. While filling for it, there's no option to "co-own" the property, but I read in some articles online that... View More
answered on Jul 3, 2024
Generally speaking, the purpose of terminating your marriage is to disentangle you and your spouse from one another, including mutual obligations related to the ownership of a home. Additionally, continuing to co-own a home after the termination of your marriage (even if through a dissolution) can... View More
He is showing signs of dementia. He has no money other than social security. My brother and I are trying to get power of attorney to handle his business but he is becoming suspicious of our motives. We need to get him help but he is refusing. We have no money to help him
answered on Jun 24, 2024
Talk to social security about becoming the representative payee. If SS is the only income, then you may not need the POA or guardianship to pay the bills as rep payee. If this doesn't work, then you may need a guardianship.
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answered on Jun 26, 2024
Your claim is going to be for publication of private facts. Seek out a defamation attorney.
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answered on Jun 21, 2024
Based on the information provided, here's a concise response to the situation:
1. Your ex-spouse is in contempt of court for the second time.
2. They have not bought you out of your half of the house as required.
3. The house has now been appraised at a higher value.... View More
So we have joint custody but in our parenting plan it clearly states I am to handle all drs dentist an eye appts an bc of that her medicaid is also under my name an my case an he has started to sneak her to appts with out my knowledge an her appts have been double an her insurance only will pay for... View More
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answered on Jun 7, 2024
It's not fraud, but it is a violation of your parenting plan. This could be handled by filing a motion to show cause.
My daughter's father has been no contact for 2 years and he never established paternal rights in court, but is on birth certificate. When I was going to file officially for custody, 6 different lawyers during consultations informed me that because we were never married and he never... View More
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answered on Jun 6, 2024
If the biological father has EITHER gone more than one year without de minimus (negligible amount) of contact with the minor child without reasonable cause OR has failed to provide support for the minor child, even without a child support order, then the biological father's consent is not... View More
We have a court order-I am the Custodial parent and the Father has visitation only. I had to move out of State because I live with my parents and they moved. I did file paperwork with the courts because I have other concerns about my child going to his Father. When I filed I had not moved yet and... View More
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answered on Jun 6, 2024
It is likely that before you moved you needed to file a notice of intent to relocate. File that ASAP. You are supposed to do this prior to moving. If you do not, then the court can literally make you bring the child back to the state.
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