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Delaware Family Law Questions & Answers
1 Answer | Asked in Family Law, Personal Injury, Appeals / Appellate Law and Constitutional Law for Delaware on
Q: Where are the lists as for all reasons a motion for reconsideration have ever been approved?

Preferably with citations.

James L. Arrasmith
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answered on Dec 24, 2023

In Delaware, as in many jurisdictions, the grounds for a motion for reconsideration typically include several key reasons. These reasons can vary depending on the specific circumstances of each case and the applicable legal standards.

Common grounds for a motion for reconsideration include...
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1 Answer | Asked in Estate Planning and Family Law for Delaware on
Q: Do I need someone's social security number to name them as a beneficiary of a trust?

An untrustworthy family member wants to name our two teenaged children as beneficiaries of her assets, mostly a brokerage account, insurance plans, and company 401(K). We are not comfortable providing her with the children's Social Security numbers under any circumstances. I am hoping we can... View More

T. Augustus Claus
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answered on Dec 8, 2023

Typically, naming someone as a beneficiary in a trust doesn't necessitate sharing their Social Security number (SSN). However, exceptions exist, and requirements can vary by state and financial institution. To sidestep providing children's SSNs, consider alternatives like obtaining a... View More

1 Answer | Asked in Family Law and Real Estate Law for Delaware on
Q: How do I move back into my house after legally being removed from it. I own the home.

Hello i just finished a pfa order that was in effect for 2yrs and have been out of my home since. Case was dismissed and my ex who's been living there doesn't want me to come back refuses to pay rent and won't leave voluntarily. We have no verbal or written arrangements for her to be... View More

Anthony M. Avery
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answered on Dec 19, 2022

Suing her for possession ("eviction") is in order if you are the owner. If someone else owns it with you, then you may file suit for a Sale For Partition. Your lawyer should have already had you ready to do this when the opportunity arose. She will be going after you for child support,... View More

1 Answer | Asked in Family Law and Real Estate Law for Delaware on
Q: hi my mother needs a copy of her dad's will and a copy of the deed of his house how can we recieve one.

he died in new york but he has land and a house in puerto rico

Anthony M. Avery
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answered on Nov 3, 2023

Call the Probate Court where the Will was filed for a copy. If not probated it had no effect. Hire a PR attorney to get a copy of a PR Deed.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Delaware on
Q: my mother passed away and was still married but separated from her husband. What are his rights rights to her home?

I was told he has to physically live in the property until he passes away, and then the house goes to me (her daughter). Is he allowed to rent the house out to someone else? He originally signed his rights away to her estate but somehow now has the parcel in his name.

Anthony M. Avery
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answered on Sep 8, 2023

Hire a DE attorney to search the title and determine ownership. It sounds like the husband is the surviving tenant by the entirety. If he made some type of disclaimer, then Mother's heirs need to enforce it in Court.

1 Answer | Asked in Divorce and Family Law for Delaware on
Q: Good day! Do I have to hire a lawyer for filing an ancillary relief after divorce
T. Augustus Claus
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answered on Aug 1, 2023

Good day! While it is not mandatory to hire a lawyer for filing an ancillary relief after divorce in Delaware, it is highly recommended. Ancillary relief involves important legal matters related to the division of assets, spousal support, child custody, and other financial issues.

2 Answers | Asked in Family Law and Immigration Law for Delaware on
Q: My father is a citizen of America. He got citizenship when I was still a minor. Can I claim citizenship?

The problem is I don't know his where abouts. But he is here in the United States. Can I still claim citizenship or apply for a green card?

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Nov 8, 2015

There are questions similar to your situation on our website. You can locate them at http://aba-us.com/other-services/?lang=en. Good luck. www.aba-us.com

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1 Answer | Asked in Family Law for Delaware on
Q: I live in Delaware with my two year old son. His father is in Texas at AIT for the army he has never helped with our so

N and has now decided to send his parents money for our son which I'll never see. And they only see my son 4 days a month. What should be happening

Charles Snyderman
Charles Snyderman
answered on Jul 26, 2014

Although you have not actually said it, I assume you are asking about child support. I suggest you consult with a Delaware attorney who specializes in family law matters. Good luck.

1 Answer | Asked in Family Law for Delaware on
Q: Do I have to sue the father for medical insurance and child care if they live in the home.
Charles Snyderman
Charles Snyderman
answered on Jul 26, 2014

We need more information. What is your relationship with the father and with the children? Whose home do the children live in?

1 Answer | Asked in Family Law for Delaware on
Q: how can i get custody back from guardianship in delaware
Charles Snyderman
Charles Snyderman
answered on Jul 26, 2014

I'm sorry to say that you have not provided enough facts about your situation. Your question cannot be answered without more information.

1 Answer | Asked in Family Law for Delaware on
Q: Can a dad from Tn get his kids if the mom goes to jail in jersey and leaves the kids with her sick mom in Delaware

Mom and dad devorced and she moved to delawere and has coustody papers from Tn the mom has now went to jail in new jersey and left the kids in delawere with sick grandmother can he go get them even though he doesn't have costody at this time

Charles Snyderman
Charles Snyderman
answered on Jul 26, 2014

This sounds like a difficult situation, and it's good that you are asking before taking matters into your own hands. I am not a family law attorney, and I recommend that if you do not hear back from someone who is, you should contact a Delaware attorney who specializes in family law. The... View More

1 Answer | Asked in Family Law for Delaware on
Q: how can i get full custody of my child since the child dad lives in iowa
Charles Snyderman
Charles Snyderman
answered on Jul 25, 2014

If you are a Delaware resident, I suggest that you schedule an appointment with a Delaware lawyer who specializes in family law. If you would like some names, please contact me.

2 Answers | Asked in Family Law for Delaware on
Q: does a durable power of attorney I have override a no contact order that was placed between us through the state of DE.
Charles Snyderman
Charles Snyderman
answered on Jul 24, 2014

Not sure I understand your question. However, assuming person A gives POA to person B, and a court orders person B to have no contact with person A, the court order controls everything.

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1 Answer | Asked in Family Law for Delaware on
Q: If I filed for child support and I didn't show up for the court hearing, what would happen?

I filed for child support, but now I don't want to do it through the courts.

Charles Snyderman
Charles Snyderman
answered on Jul 4, 2014

It would be best to file a withdrawal of your petition. You can call the clerk of the court to discuss.

1 Answer | Asked in Family Law for Delaware on
Q: Must a guardian of property retain counsel
Charles Snyderman
Charles Snyderman
answered on Apr 17, 2014

Please explain what led you to ask this question.

1 Answer | Asked in Family Law for Delaware on
Q: Confused about name change procedure involving 2 states.

The father, I believe lives in Ohio, my daughter and I live in Delaware. Do I need to put out a publication in Delaware to announce her name is being changed or a publication in Ohio to locate NCP for permission?

Charles Snyderman
Charles Snyderman
answered on Jan 16, 2013

You are supposed to notify the father by certified mail, return receipt requested. If that does not work, you have to use all reasonable efforts to notify the father. There is a name change packet on the New Castle County Website. You can call the Civil Division Clerk’s Office of the Court of... View More

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