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District of Columbia Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for District of Columbia on
Q: Can a parent take child away from nonparent if they didn't raise him?

I have my cousins child and she wants him back. We didn't go to court.

Alan Solomon
Alan Solomon answered on Jun 17, 2018

Yes unless you have a court order for custody, parents have superior rights. If the natural parents are harmful to the child go file an emergency motion. If it is simply not in child's best interest file for custody immediately

2 Answers | Asked in Family Law, Immigration Law and Divorce for District of Columbia on
Q: I am married with a U.S citizen. I obtained my temporary green card through marriage, but I want to separate.

My husband of two years and partner of five year, with two kids in common under three years old has an addiction to alcohol and cocaine. I honestly don't want to continue with the relationship due to the mental distress is causing me and i dont want my kids to continue growing into an unhealthy... Read more »

Carl Shusterman
Carl Shusterman answered on Apr 21, 2018

If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.

Most foreign-born persons who marry U.S. citizens apply for a green card in order to remain in the U.S. with...
Read more »

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1 Answer | Asked in Family Law and Juvenile Law for District of Columbia on
Q: Minors Formalizing a Common-Law Marriage in the District of Columbia

My common-law husband and I have cohabitated together outside of Washington D.C. and been together for almost a year. We present each other as husband and wife and we would like to formalize our marriage by having it recorded so that it is recognized in other states. We are both under eighteen, so... Read more »

Mark Oakley
Mark Oakley answered on Feb 13, 2018

You cannot establish a common law marriage in DC unless you have been living in DC and meet all the requirements for establishing the marriage in DC. You state you have been living together outside DC--that will not qualify, unless you are in a jurisdiction that recognizes common law marriage.... Read more »

1 Answer | Asked in Family Law and Juvenile Law for District of Columbia on
Q: Should I seek an attorney before allowing CPS to question my son??

Hello,

recently I was notified by my son's school prinicipal that a parent had filed a sexual assault charge against my 7 year old son. The information as to the details of the case was very limited and she gave no information aside from the fact that he was named and that she would be... Read more »

Sean R Hanover
Sean R Hanover answered on Dec 27, 2017

Great question -- NEVER speak with the authorities unless you are represented by counsel. This could have a devastating effect on your son and your family. You need to learn what gave rise to these allegations. In a CPS investigation, they will be targeting the family, and the environment that... Read more »

1 Answer | Asked in Family Law and Probate for District of Columbia on
Q: Submitting questions to the probate office of Superior Court of DC for my mom's estate

I have asked the personal representative on several occasions for an update on my mother's estate and have received no information. I want to submit my questions to the probate office of Superior Court of DC, is there a form to complete with the questions or can I just submit them in a Word format?

Kevin E. Flynn
Kevin E. Flynn answered on Nov 6, 2017

Your question was linked to the patents/invention section by accident. You may want to remove Patents from the topic list. Best of luck on your probate issue.

Kevin

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for District of Columbia on
Q: Only child/Executor of parents' estate. Aunt offers to pay for an executor atty for my mom. How do I get her to cease

I am an adult only child and through recent estate planning have been named Executor to my parents' estate. My parents are elderly and vulnerable. My father has Alzheimer's disease. My 80-year old aunt has invited herself to visit to take care of my mother during her recovery from surgery in a... Read more »

Richard Sternberg
Richard Sternberg answered on Oct 28, 2017

If you are the sole beneficiary in the Will, you might be able to handle it, but a legal consult can’t hurt. Sometimes, having a lawyer as PR is a wise choice, and lawyers can’t charge twice for their roles as PR and counsel. But, if you are worried about undue influence from your Aunt, it... Read more »

1 Answer | Asked in Family Law and Child Support for District of Columbia on
Q: I'm over 21 can I still get child support from my dad
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 13, 2017

What are the court orders re: support? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Family Law and Child Support for District of Columbia on
Q: I was dating a woman 20 years ago that is in and from DC. Now a student from howard is contacting me saying im her dad.

Im afraid that either I was setup, or she is doing this at her mothers request because she wants to establish paternity and hit me for 20 years back child support. Either way I want to know my defenses and protection in this situation before establishing contact. Her 21st birthday is almost a... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 13, 2017

Child support payments are not ordered retroactively but rather from the time they're ordered. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for District of Columbia on
Q: What can I do if my son who's is 9 wants to come home and his dad won't let him neither of us have court order custody

He went to finish the school year no his father's cut all contact no number to reach him no address and I try to call via face book no answer neither of us have a court ordered custody threw the courts and his father just recently started coming back around he been in and out all his life since 8... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 26, 2017

You can file for custody rights in court. If the dad abducted your child, you can report that to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for District of Columbia on
Q: My baby daddy just left me. We are not marry. Can I go to court to get any help from him?

His mother wants to visit my baby too much is that an obligation? Lets say we go to court to fight custody is that something the judge will agree with him? I dont think thats necessary because I'm his mother and he is the dad nobody else should be visiting my baby if I dont want to...

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 26, 2017

You can file for custody and child support in court. The mom can file for grandparent visitation rights. Why do you oppose that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read... Read more »

1 Answer | Asked in Family Law for District of Columbia on
Q: If I paid child support for 5 years and through the court found out it wasn't how do I go about getting my money bck

That i paid the years prior to not knowing the child w asnt mine?? Is there a time limit on trying to get the money bck?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 12, 2017

You can seek to terminate support via court orders and request repayment in that filing depending on the facts. You may need to also file a paternity suit to object to paternity. Were you intentionally defrauded? More details are necessary to provide a professional analysis of your issue. The best... Read more »

1 Answer | Asked in Family Law for District of Columbia on
Q: I am having a baby by my boyfriend but am still married to my abusive husband.

We haven't lived or slept together since December 2015. And if I ask for a divorce he will fight it just to make my life difficult. He slept with 2 other women during the course of our marriage.I want to put my baby's biological father on the certificate and as their surname. Would getting... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 20, 2017

You can file for divorce, and you and the biological father can both fill out the birth certificate for your child and file it with the city. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... Read more »

1 Answer | Asked in Family Law and Domestic Violence for District of Columbia on
Q: If I get locked up for domestic violence but I get no paper can she put a stay away order out of me and I pay rent for t
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 16, 2017

Are you married? Have you filed for divorce? Are you on the lease? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for District of Columbia on
Q: How many times will a judge "continue" a PFA?

I have a PFA me and my kids temp was issued 3/2/17 hearing was 3/9/17 - was continued til 4/20/17 pending investigation of possible Criminal Charges. What are the chances judge will just continue again since investigation is still pending vs just giving us a Final pfa

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 19, 2017

Continuances are based on the facts of the case and relevant law. They are determined by judges using their discretion on a case-by-case basis. They should not be abused. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for District of Columbia on
Q: My brother and mother got into a fight but it was her fault and she was arrested can she kick him out if he is underage?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 14, 2017

That may be considered child abuse if she kicks him out and/or if she has been beating him. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Family Law for District of Columbia on
Q: I got full custody back of my son from CPS but my 3 yr old daughter is still with her grandparents who have temp custody

How can I get custody back of one child but still have to fight for custody of the other one? I have took numerous drug tests an had A&D assessment all which were good an get my daughter 3 days a week supervised how can I be fit to raise one child but have to keep fighting in court for the other one

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 15, 2016

It depends on your history with that child and other related issues. The facts should be reviewed by counsel. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions,... Read more »

1 Answer | Asked in Divorce and Family Law for District of Columbia on
Q: Is a prenup a good idea for everyone?

I am getting married and just don't know!

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 1, 2016

I have to say Yes. It is very customizable and recommended. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for District of Columbia on
Q: Can a judge order an abuser to pay a petitioner's legal fees, as well as pay rent, as part of a civil protection order?

My friend T.L. (anonymous) was physically and verbally assaulted by her boyfriend. She had the cops remove him from her apartment (he was not on the lease in the first place) after she called to say that she felt unsafe around him. She is interested in filing a protective order, but wants to know... Read more »

Sean R Hanover
Sean R Hanover answered on Nov 18, 2016

Great question! So, when you file in DC for a protective order, you ask what relief you are seeking. When you go to Court, the judge will complete (or you will settle with the opposing side) an order regarding your motion for a protective order. A section on that "order" includes payment of home... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for District of Columbia on
Q: If a child was pushed to direct them in the room in which they were asked to to their chores

If a child was pushed to direct them in the room in which they were asked to do their chores and they slipped and hit their face on the carpet and it caused a rug burn not meaning for any of it to happen or cause injury or harm can a parent be charged for assault on a child or possibly lose custody... Read more »

Sean R Hanover
Sean R Hanover answered on Sep 14, 2016

I would recommend contacting us at your earliest convenience. This matter is serious. In response to your question -- yes, you can be charged with assault. Assault is the unwanted touching (or imminent threat of touching) of another without privilege and without consent. DC Code 22-404(a)... Read more »

1 Answer | Asked in Family Law for District of Columbia on
Q: Can I ignore all phone calls from my childs father while filing for custody?

I have a court hearing in october but do not want him around until then.

Paula J. Mcgill
Paula J. Mcgill answered on Aug 20, 2014

Under normal circumstances, if he is trying to talk with his child, you may not look good in the judge's eyes if you prevent that communication. The judge looks at what is in the best interest of the child. However, your circumstances may not be normal. Talk with local counsel to determine if... Read more »

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