District of Columbia Family Law Questions & Answers

Q: Can a parent take child away from nonparent if they didn't raise him?

1 Answer | Asked in Child Custody and Family Law for District of Columbia on
Answered on Jun 17, 2018
Alan Solomon's answer
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

Q: I am married with a U.S citizen. I obtained my temporary green card through marriage, but I want to separate.

2 Answers | Asked in Family Law, Immigration Law and Divorce for District of Columbia on
Answered on Apr 21, 2018
Carl Shusterman's answer
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 their spouse. In order to become a permanent resident, they must first file for a 2-year conditional green card, and then submit form I-751 to apply to remove the condition and obtain a 10-year green...

Q: Minors Formalizing a Common-Law Marriage in the District of Columbia

1 Answer | Asked in Family Law and Juvenile Law for District of Columbia on
Answered on Feb 13, 2018
Mark Oakley's answer
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. Maryland and Virginia do not recognize common law marriage established in their jurisdictions, but will recognize the marriage if legally established in another jurisdiction that does allow it....

Q: Should I seek an attorney before allowing CPS to question my son??

1 Answer | Asked in Family Law and Juvenile Law for District of Columbia on
Answered on Dec 27, 2017
Sean R Hanover's answer
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 gave rise to the allegations. They could punish you as parents, or even take away your son. The charges, even though dismissed, are serious.

I recommend you contact counsel immediately. It...

Q: Submitting questions to the probate office of Superior Court of DC for my mom's estate

1 Answer | Asked in Family Law and Probate for District of Columbia on
Answered on Nov 6, 2017
Kevin E. Flynn's answer
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

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

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for District of Columbia on
Answered on Oct 28, 2017
Richard Sternberg's answer
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 might be wise to consult a lawyer now.

Q: I'm over 21 can I still get child support from my dad

1 Answer | Asked in Family Law and Child Support for District of Columbia on
Answered on Aug 13, 2017
Ali Shahrestani, Esq.'s answer
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/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...

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.

1 Answer | Asked in Family Law and Child Support for District of Columbia on
Answered on Aug 13, 2017
Ali Shahrestani, Esq.'s answer
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, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...

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

1 Answer | Asked in Family Law, Child Custody and Civil Rights for District of Columbia on
Answered on Jul 26, 2017
Ali Shahrestani, Esq.'s answer
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 credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...

Q: My baby daddy just left me. We are not marry. Can I go to court to get any help from him?

1 Answer | Asked in Family Law, Child Custody and Child Support for District of Columbia on
Answered on Jul 26, 2017
Ali Shahrestani, Esq.'s answer
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 more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...

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

1 Answer | Asked in Family Law for District of Columbia on
Answered on Jul 12, 2017
Ali Shahrestani, Esq.'s answer
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 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/ publications on my law practice...

Q: I am having a baby by my boyfriend but am still married to my abusive husband.

1 Answer | Asked in Family Law for District of Columbia on
Answered on Jun 20, 2017
Ali Shahrestani, Esq.'s answer
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 more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of...

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

1 Answer | Asked in Family Law and Domestic Violence for District of Columbia on
Answered on Jun 16, 2017
Ali Shahrestani, Esq.'s answer
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 appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: How many times will a judge "continue" a PFA?

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for District of Columbia on
Answered on Apr 19, 2017
Ali Shahrestani, Esq.'s answer
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 an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and...

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?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for District of Columbia on
Answered on Feb 14, 2017
Ali Shahrestani, Esq.'s answer
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, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...

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

1 Answer | Asked in Family Law for District of Columbia on
Answered on Dec 15, 2016
Ali Shahrestani, Esq.'s answer
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, guarantees, or warranties; or create any Attorney-Client relationship.

Q: Is a prenup a good idea for everyone?

1 Answer | Asked in Divorce and Family Law for District of Columbia on
Answered on Dec 1, 2016
Ali Shahrestani, Esq.'s answer
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.

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?

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for District of Columbia on
Answered on Nov 18, 2016
Sean R Hanover's answer
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 expenses, attorney fees, etc. Note, however, generally, a person cannot be forced to pay rent unless they are on the lease and have been paying already.

When going to Court, it is important...

Q: If a child was pushed to direct them in the room in which they were asked to to their chores

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for District of Columbia on
Answered on Sep 14, 2016
Sean R Hanover's answer
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) covers the charge, which carries a maximum sentence of 180 days. In your example above, you shoved or pushed the child. That would be sufficient to show a touching. The degree of the injury makes you...

Q: Can I ignore all phone calls from my childs father while filing for custody?

1 Answer | Asked in Family Law for District of Columbia on
Answered on Aug 20, 2014
Paula J. Mcgill's answer
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 your strategy will hurt your position and your child more than help your child.

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