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District of Columbia Family Law Questions & Answers
2 Answers | Asked in Divorce, Business Law, Family Law and Tax Law for District of Columbia on
Q: My spouse refuse to show his business, tax return and a discovery process of a divorce , how can I get a copy of his tax

My spouse claimed the business is not in his name, and refused to show business tax return

Laurence L. Socci
Laurence L. Socci
answered on Feb 14, 2024

You would have to file a Motion to Compel with the court. You need to show that you asked for the records and he refused to provide them. You need to show that you are entitled to the records as well. The court will review your motion and rule on it.

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2 Answers | Asked in Divorce, Business Law, Family Law and Tax Law for District of Columbia on
Q: My spouse refuse to show his business, tax return and a discovery process of a divorce , how can I get a copy of his tax

My spouse claimed the business is not in his name, and refused to show business tax return

James L. Arrasmith
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answered on Feb 22, 2024

In a divorce proceeding, both parties are typically required to disclose all financial assets and liabilities, including business interests and tax returns, through the discovery process. If your spouse refuses to voluntarily provide this information, you can use formal legal tools within the... View More

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1 Answer | Asked in Family Law and Civil Litigation for District of Columbia on
Q: I was kicked out and my phone was taken. It’s under a family plan but all of my information is on it. Can I get it Back?

Im 19 and was forced out my parents house. They took the phone they gifted but because of their own personal reasons, it stood on their family plan. I have my work, phone numbers, things I need. Do I have the right to get the information at least when I go back for my belongings?

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 22, 2024

If you are based in the District of Columbia, the laws of the District will likely control and govern how this question is answered. Essentially, this matter is a mixture of a few different legal principles: Contract Law, D.C. Common Law, and Privacy Rights.

First, family plan agreements...
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1 Answer | Asked in Family Law and Immigration Law for District of Columbia on
Q: My fiancé is a non-citizen but I don’t have money to be his sponsor. Can someone else sponsor him if we get married
James L. Arrasmith
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answered on Nov 18, 2023

In cases where a U.S. citizen is unable to meet the financial requirements to sponsor their non-citizen fiancé for a visa, it is possible for another person to act as a joint sponsor. The joint sponsor must meet all the financial requirements independently and be a U.S. citizen or lawful permanent... View More

1 Answer | Asked in Child Support and Family Law for District of Columbia on
Q: State of Maryland getting a blood test before paying child support if we were married at the time of birth

We both were married to each other in I'm going to court for child support I'm trying to get a blood test to see if the baby mine

T. Augustus Claus
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answered on Nov 14, 2023

If you are going to court for child support, you will need to have a blood test ordered by the court. The blood test will be performed at a lab or doctor's office, and the results will be sent to the court. The court will then use the results of the blood test to determine the biological... View More

1 Answer | Asked in Family Law and Election Law for District of Columbia on
Q: I am a shut-in. My husband won't allow me to obtain an ID. What can I do?

I'm 57 yrs old and suffered a medical emergency 3 yes ago. I have been homebound since.

James L. Arrasmith
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answered on Mar 11, 2023

If you are a shut-in and unable to leave your home to obtain an ID, you may still be able to obtain one through alternative methods. One option is to apply for a state ID card by mail or online, if your state offers these options. You may need to provide certain documents, such as a birth... View More

1 Answer | Asked in Child Custody and Family Law for District of Columbia on
Q: My custody order happened in Toronto Canada, the mother moved to Dallas with my daughter does the order apply?

The mother then moved without my knowledge to DC, has missed 5 visits and refuses all phone calls, I'm suing for full custody. What, if any, documentation do I need? Also, I live in New York City.

We were married in the states 5 years ago. Divorced finaled this year.

Is this... View More

Laurence L. Socci
Laurence L. Socci
answered on Mar 5, 2023

If the mother and child have lived in DC for 6 months, DC would have jurisdiction. You would need the Toronto custody order. You would sue for custody in the DC court asking the court to either accept and enforce the Toronto custody order or grant you custody based on the fact she moved to Dallas,... View More

1 Answer | Asked in Adoption, Civil Litigation and Family Law for District of Columbia on
Q: if A lawyer file A Motion for adoption & the child’s full name is not on the Motion is it legal
James L. Arrasmith
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answered on Feb 25, 2023

If a child's full name is not included in a motion for adoption, it could be considered a technical error. However, this does not necessarily mean that the motion is invalid or illegal. It is possible that the court could allow the motion to proceed and consider the child's identity and... View More

1 Answer | Asked in Family Law for District of Columbia on
Q: I have an ins policy where I have paid 38k into. The company is raising the premiums from 80 to over 300 dollars. Legal?

I have had the policy since 1984. Now they are raising the premiums after already paying 38k in premiums. If I surrender the policy can I get any of my money back. As you see above the company is raising the premiums substantial. This is a Universal policy

Laurence L. Socci
Laurence L. Socci
answered on Oct 16, 2022

It depends on the terms of the policy. I could not answer this question without reviewing the policy. Many times, polices include language that allows them to raise premiums after a certain period of time.

Whatever the policy says, controls.

1 Answer | Asked in Divorce and Family Law for District of Columbia on
Q: Can my husband marry a second wife overseas?

We are married with a 9 months old son. He’s visiting out of the states and I was told from a family member that he’s considering a second marriage over there

Laurence L. Socci
Laurence L. Socci
answered on Aug 10, 2022

No. A valid marriage in any country, including the United States, is a valid marriage anywhere. If he gets married in another country, he could be prosecuted in the United States for bigamy, and the overseas marriage would not be valid.

1 Answer | Asked in Family Law for District of Columbia on
Q: can past charges of fictitious name to officer forgery and false documents be used to discredit in a protection order

false protection order on me. final hearing in 2 days i cant get attorney. she has no police reports or evidence. her aunt may witness on her behalf and lie. can i use her past criminal history to discredit her testimony? forging priv. documents, fictitious name to avoid pro....fraudulent documents.

Mark Oakley
Mark Oakley
answered on Dec 22, 2020

You can do so if they are convictions, and you obtain certified copies of the convictions from the court, or perhaps if the convictions occurred in the same court you are appearing in on the protective order, you can reference those cases by case number and the court can check the dockets if they... View More

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... View 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...
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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... View 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.... View 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... View 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... View 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
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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... View 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... View 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,
Ali Shahrestani,
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/... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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... View More

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