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Family Law Questions & Answers
1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: Can I call the police if my 18 yr old ran away in Memphis,tn?
Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Jan 29, 2020

If your child is 18, then they wouldn't legally be considered a "runaway" as defined by Tennessee law dealing with delinquent or unruly children.

Of course you CAN call the police and file a missing persons report in order to try to find out if they are at least alive and safe.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: How can I take my children out a bad situation with their mother?

My name is Albert Webber, I have 2 children with my ex wife that are physically and mentally abused on a daily basis.

My 12 year old son has failed the 3rd grade and is in the process of failing the 6th grade. My children live with their mother and her boyfriend, Judge Rodgers had informed... Read more »

Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Jan 29, 2020

You need to contact a family law attorney to file a Petition for custody on the basis of dependency and neglect. You may also want to contact the Department of Children's Services and file a report.

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Personal Injury for California on
Q: After filing my Color of Law forms I sent in my formas paupers and my informal brief. What do I do now

What is the process for the color of law claim

Dale S. Gribow
Dale S. Gribow answered on Jan 28, 2020

more info needed.

is this a family law issue or criminal? arrest under color of authority?

if criminal, the court appoints a public defender for those charged with a crime.

1 Answer | Asked in Divorce and Family Law for California on
Q: In a highly contested divorce up coming trial. How do I get my journals showing my abuse admitted so the judge will see?
Mike Darlington
Mike Darlington answered on Jan 28, 2020

Limiting my answer to your specific question, you probably will not get the journals admitted for the judge to read. You can testify to the events in the journals, and have the journals with you while testifying to refresh your memory, but I doubt the court is going to admit the journals... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Daughters 18 and 19 can they move from PR to US to live with dad instead of mom?

Daughters are 18 and 19 they live in PR and want to come live with dad in the US. Divorce stated mother has full Custody and mother gets support since they were 8, and 9. Would they be able to move without legal issues?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 28, 2020

Probably not. Apparently 21 is the age of majority in Puerto Rico. Assuming the divorce was in Puerto Rico, the mother would probably have to apply to the Puerto Rican court to modify custody.

1 Answer | Asked in Family Law for Florida on
Q: How to appeal a divorce? My husband filed a dissolution, a judge signed it I don't want a divorce.
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 28, 2020

I doubt that you have grounds for an appeal. If one spouse wants a divorce, he or she can get it. The only issues really are such things as division of property, spousal support, child custody and child support.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: What are the chances of my wife gaining custody of children in divorce with false claims? She is manic bipolar.

My wife has mental health issues, multiple attempted suicides, and been court ordered to stay at mental health facilities. She is diagnosed with manic bipolar. She is now making claims to me that she is going to say I have raped people and that I abused her physically and mentally. I have video of... Read more »

Victoria Collins
Victoria Collins answered on Jan 28, 2020

Nobody can guarantee an outcome one way or another if the court is forced to make a decision regarding your children. However, If you can back up your claim with hard evidence the likelihood of a court awarding sole custody to a person with mental health issues is unlikely. In these situations it... Read more »

3 Answers | Asked in Family Law for California on
Q: In California, can I do a summary dissolution without my husband's participation? We qualify for one.

He is angry and even though he wants to divorce, he won't sign anything. We've been married two weeks

Lorna M. Jaynes
Lorna M. Jaynes answered on Jan 28, 2020

Sorry, you can't do a summary dissolution without his participation but you can try for a default judgment.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: I lived with my boyfriend for several years. We have a 9 year old child. Do i have to file divorce eventhough we never

actually married to settle custody, support and visitation? In the past I was told i had to divorce because of "common law". Now that ity isn't a thing what should i do for support and visitation?

Kristine Jones
Kristine Jones answered on Jan 28, 2020

Hello. Unmarried persons typically file in CS or JU court for paternity, custody, and child support. Many times because of financial reasons, they go through DHR first and let DHR handle the child support issues. Consulting with an attorney in your local area is not a bad idea. Best of luck!

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: I paid my child support in cash, how can I prove I paid?

I made the mistake of paying my ex in cash for child support. I do have bank statements that show the exact amounts I withdrew and each time and I also have his mother who is willing to testify that I did pay him. (He lives with her and majority of the money went to her for bills.) Will the judge... Read more »

Kristine Jones
Kristine Jones answered on Jan 28, 2020

Hello. This is really more of an evidence question, subject to the rules of evidence when it is offered at the hearing. Evidence questions and proof of your case is best discussed with your attorney. Best of luck!

1 Answer | Asked in Family Law for Maine on
Q: My ex husband was fired from his job and has not paid alimony. We have 2 kids that live with me now and there is no

Court order for child support bc at the time of divorce they lived with him. Motion to modify?? Where should I start

Robert Guillory Esq
Robert Guillory Esq answered on Jan 28, 2020

You should file a motion to modify and a motion to enforce. Both forms are available online at the maine judicial website under court forms or you can pick up the paper forms at any courthouse. You should do this immediately as the child support will only go as far back as when you serve your ex... Read more »

1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Do the courts go back in child support orders to previous years?

My ex and I go through the courts to modify child support. If my ex receives a raise (5k a year) But doesn't tell me until a year later, do the courts go back for retropay?

Kristine Jones
Kristine Jones answered on Jan 28, 2020

Hello. It depends. The judge has discretion about those matters and may take into account various actions by the parties. However, neither of you are obligated to disclose your income to the other, unless you are in litigation. Best of luck!

1 Answer | Asked in Family Law for Tennessee on
Q: Can a 18 yr old run away in Memphis,tn
Bennett James Wills
Bennett James Wills answered on Jan 28, 2020

An 18 year old is legally an adult. He/she can pretty much do what they want (legally).

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina on
Q: Hello I am 16 years old and live wirh my dad and stepmom. My dad stays high and drunk every night when he gets home.

My step mom stays high all day too on any kind of pill she can get and does meth sometimes with her friend while me and my brother babysit her friends kid. My dad has hit me multiple times, he cussed me out and tells me he hates me all the

Time. My step mom is either passed out high or when... Read more »

Adam Bull
Adam Bull answered on Jan 28, 2020

Sorry to hear you are in such a bad situation. You are doing the correct thing and are entitled to a safe and secure home, free from substance abuse and violence. Things you can do:

1) report the activity to your school counselor and resource office.

2) call the Department of...
Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: Can a Class Act sue be done againt Asume de Puerto Rico? Or something in general to bring to light what going on

I have notice many father in the USA are suffering due to Asume lack of professionalism. Many have try resolving this issues of child support payments/arrears etc., with no success and have suffered for it, losing homes, jobs, etc...because they cant keep up with payments and payment that excess... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 28, 2020

This is for the Puerto Rico section not NY. You can also try civil rights attorneys

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: My ex has restraining order and now asking for child custody. 1. I didn't make many police report but

My ex has restraining order and now asking for child custody.

1. I didn't make many police report but he has been physically abusive / verbally and emotionally

2. he's not a permanent resident

3. he works for cash and if he does get the daughter I am afraid he would... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 28, 2020

more info needed.

i should be on DUI and PI

you would explain these concerns to the court with the info you have.

most courts have attorneys, paralegals or clerks available to answer questions.

go to the courthouse involved and inquire,

maybe google legal aid

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How do I get my child's mother to let me take a DNA

She is now denying me DNA testing because I only want a relationship with my newborn an not her.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 28, 2020

The mother can only do this if you allow it. Simply go hire an attorney and force her to comply with DNA testing. Of course, if the child is yours this will put you on the hook for likely at least 18 years of child support along with the grief and expense of fighting with her over visitation or... Read more »

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Georgia on
Q: In GA, why is custody interference considered a civil issue when the statute clearly states otherwise?

I'm in Forsyth County and this ongoing issue and the sherriffs dept not enforcing our parenting plan, has led to severe damage to our child, alienation from me, emotional, psychological and more legal and financial strain and abuse (control) due to me filing contempt. He suesxme for custody. Now I... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 28, 2020

Whether an officer elects to file a charge for criminal interference with custody is unfortunately a case by case decision. Another option that you have is to file a warrant application for the interference, which will put that decision before a judge to determine whether there is probable cause... Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How can I start the process of signing rights away when both (l) custodial mother and absent father agree?

He has never been active in childs life, and does not want to be. There was a positive paternity test from dfcs, but he never acknowledged it. How can we get his rights signed over so my partner can eventually adopt my child? Never married, no child support involved.

Ellaretha Coleman
Ellaretha Coleman answered on Jan 28, 2020

You will likely need to be moving forward with the step-parent adoption process for a judge to sign off on the voluntary termination of rights. Most judges will not sign off on the voluntary termination without a substitute parent to step in. You should consult with an attorney to discuss your... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: My son's dad just lost their house and i dont know where he is. Do i have to let my son go if i don't have address

Nobody doesnt know where he is and didnt pick our son the last time it was his weekend

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 28, 2020

Based on your question you need to document this for your records and if you are concerned for your child's safety or it is not in his/her best interest to visit with parent at this time you can withhold visitation. This does come with ramifications but you may have some reasons to support your... Read more »

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