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Family Law Questions & Answers
1 Answer | Asked in Family Law for Indiana on
Q: our baby was taken by cps. even tho i had family come get baby out of the hotel when arguments with her mom and i.this

was early morning hours. mom went out to her car. me and baby left hotel. check out time came and moms 13 yr old daughter was still there bc mom never came back for her. so staff called police and cps. they find some hyperdermic needles in a trash can and ib profin 600mg, not even a control... Read more »

Troy Tyson
Troy Tyson answered on Jul 9, 2020

There are a ton of variables that come into play in a situation like this. You really need to sit down with a lawyer and discuss your case in more detail.

1 Answer | Asked in Family Law for Kentucky on
Q: If parent signs for 17 year old to get married are there any legal responsibilities or ramifications for the parent?

Husband has sole custody/legal guardianship of his daughter. She wants to marry an 18 year old in the military. She is currently living with her grandmother but supported by her dad and step-mom’s insurance. If she marries is she automatically emancipated? In KY.

Timothy Denison
Timothy Denison answered on Jul 9, 2020

Yes. Marriage emancipated the minor child when permission is given.

1 Answer | Asked in Family Law, Banking, Child Custody and Probate for California on
Q: What do I have to do to get money out of a court blocked account?

My name is Elijah I am 21, I live in Los Angeles, CA. Mother died in 2008 when I was a minor and soon after my grandmother was named my guardian and a bank account of some of my mother's money was set up for me by the court. I went to Bank of America and they told me I have to get a document... Read more »

James Edward Berge
James Edward Berge answered on Jul 8, 2020

This self-help guide from Sacramento County should help you, even in Los Angeles County.

https://saclaw.org/wp-content/uploads/sbs-withdrawing-funds-from-a-blocked-account.pdf

Good luck!

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: On my FL public search of my case the Docket Events show Order Denying. What does this mean?

I recently served my ex-husband with papers requesting to move from Florida to texas and he responded. Does Order denying mean I can't move?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 8, 2020

Probably. Why not download the order and find out?

1 Answer | Asked in Civil Litigation and Family Law for California on
Q: I have a family law case in which went to a 730 evaluation which took 8 years. We are no longer married .

My ex, his mother and girlfriend stole my house and business. Bigamy was not even a second thought to them. purjury was a every hearing thing for my ex. Never went back after my daugther and i reunited. What do i do now??i have never been heard. I need help

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 8, 2020

The status of your case is not clear. You say you had a 730 evaluation and you also say you are already divorced. You also say you and your daughter are "reunited". What do you mean "what do I do now" and what do you need help with? Did you get custody of your daughter in... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Is it legal for a spouse to plant a hidden recording device in my home office?
Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

It can be considered stalking under the right circumstances.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Colorado on
Q: Can a 17 year old press charges on a 20 year old without parental consent or do the parents need to approve?

So my sister is 17 and we’ve been fighting a lot. I’m 20 and she tells me if I get into a physical altercation with her she’ll press charges. We live in the same house but the address on my ID is different. Can I get into trouble for physically fighting with her? I also have a daughter so if... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

Anyone can report a crime to the police.

2 Answers | Asked in Estate Planning and Family Law for Louisiana on
Q: How do I get legal right to care for medically incapacitated relative?

My father, a resident of the Louisiana, had a stroke and is unconscious. I’m am a resident of Oklahoma. We would like someone in the family (me, our parents, or his brother) to have access to his finances to pay bills and maintain his home, etc. We would like to be legally able to make any... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

It is true that you cannot obtain a power of attorney from a person who is incapacitated. You need to petition the court to have someone appointed as the incapacitated person's legal conservator and guardian.

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1 Answer | Asked in Family Law for Texas on
Q: We were awarded PMC with parental rights of my wife's first cousin. Can she choose at age 15 to go back to her mother?

My wife and I were awarded PMC placement of her cousin with the child's mother retaining parental rights. The mother is under the impression at the age of 15 the child can simply choose to move back in with her. Is that correct or would she have to file for custody and go through the courts?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 8, 2020

She would not have the right to choose, but if an attorney in a custody dispute files a Motion for Judge to Confer with child and the child is age 12 or older, then the Judge is required to meet with the child and hear what he or she has to say. The Judge is not bound by the child's... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: After tpo ended for domest violen he is living somewhere else He didn’t want to make Mortg payments only money for cHild

He has domestic violence charges and left our house 6 months ago, no mortgage payments from him he said that since he is not living here he is not obligated to make payments. He only deposits money for our son. We agree to dissolve the marriage but we don’t agree on the child support amount... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 8, 2020

You can't dissolve the marriage unless both parties agree on all details. He doesn't agree, so file for divorce and ask for occupancy of the premises, temporary spousal support to pay household expenses, and child support. Use the Find a Lawyer tab to retain a local divorce attorney to... Read more »

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1 Answer | Asked in Divorce and Family Law for Indiana on
Q: My ex-husband has been ordered to pay me $500/month but he hasn't paid at all. Can I seek an order of garnishment?

He doesn't show up for court so I don't know if he even knows that he's been ordered to pay me. I am trying to do this without a lawyer since it is so expensive and the money actually is owed to my daughter (for reimbursing tuition) and the legal fees would almost be as much as he... Read more »

Troy Tyson
Troy Tyson answered on Jul 8, 2020

You may be able to obtain this type of order from the court, but as you were advised by the judge, you'll need to do it properly, and you will need to be able to prove that your ex-husband was served. If your ex-husband has failed to comply with the provisions of prior orders, he could be held... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How do I ask for custody of the children after I already responded to divorce papers?

I moved out of state and my wife filed for divorce with our three children in her custody. I counter petitioned because her papers were mostly blank and didn't feel comfortable responding in any other way. However I did not ask for custody of the children and now I want to fight for them. How... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 8, 2020

File a motion to amend your answer.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Ohio on
Q: My divorce was 8 years ago, my name is still on the house after my ex was told to take it off. What do I do?

The settlement says to take me off of the loan of the house in a "reasonable amount" of time. It has been almost 8 years. She refuses to take my name off the house. How do I start the process of taking my name off of the mortage?

Robert Mues Esq
Robert Mues Esq answered on Jul 7, 2020

Your remedy is to file a contempt motion against her for willfully violating the terms of the divorce decree. 8 years is way more than a "reasonable" time to get you off the loan. If she claims she doesn't qualify to refinance it, the Court will likely order it sold so you will be... Read more »

3 Answers | Asked in Adoption, Child Custody, Divorce and Family Law for California on
Q: Can a bio parent give their 50% custody to a step parent?

Bio parents have 50/50. One parent is an immigrant and the other is threatening to have him deported. Can one bio parent give his 50% custody to a step parent (spouse)?

Mike Darlington
Mike Darlington answered on Jul 7, 2020

No

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1 Answer | Asked in Family Law for Oklahoma on
Q: My daughter has two girls and one on the way , the father to all 3 wants to terminate his rights to all 3 does not want

He does not want to pay child support can he do that

Pete David Louden
Pete David Louden answered on Jul 7, 2020

No. Not unless the children are adopted. Otherwise, he has to support his children.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Hi,I need to know how to go about with getting custody papers served to another state?

I want joint custody, but the mother is in another state than I am.

Sheila Crumley Field
Sheila Crumley Field answered on Jul 7, 2020

You will have to file in the county where the children reside. Then the sheriff of that county will serve her.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Child 34, Father,I have not lived together since she was 1.abanded No divorce Does he still owe back child support

We've been married since 1986 but never lived together or filed taxes as a married couple No communication until child was 16. He has never paid child support. (Ever) I had papers for divorce sent to his mom's house in 1988, he never signed. We both through the years been in relationships... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 7, 2020

You are only eligible for child support from the time that you file a petition for it.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: During exparte do I have rights to see my son every 15 days? Also the 30 day hearing rule, what if it's set for 31?
Stephen Rue
Stephen Rue answered on Jul 7, 2020

Article 3945 allows one to seek an ex parte emergency custody which is temporary subject to a heating within 15 days if the temporary custody request is granted.

Stephen Rue

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Me and my ex have a 3 month old in CO. I want to take her to AL for 2 weeks to meet my dad. Do I need his permission?

We were never married and we have never done any legal custody stuff, I just let him see her whenever he wants too, which isn’t very often. When I asked he said no just to spite me saying he never wanted her to ever see my family. Do I need his permission or can I take her to meet my dad anyway?... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 7, 2020

Generally unless you have filed for dissolution or an allocation of responsibilities, either parent can travel with a child, however one parent can not withhold a child from the other.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it illegal for MI CPS to mislead me and withhold facts I needed to make an appropriate decision and then take my kid?

MI CPS wanted me to participate in a program that required 10 hours/week and A person from the program told me it was voluntary and later said that cps could make it mandatory & cps worker told me that if I said no that they could take me to court to force me to comply or to take my daughter.... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 7, 2020

I'm unsure what facts were inaccurate. It sounds like CPS told you either 1) do this program, or 2) we'll file a petition that could lead to removal of the child. You choose not to do the program, and so they filed a petition along with an ex parte removal order.

The question now...
Read more »

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