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Family Law Questions & Answers
1 Answer | Asked in Family Law for Colorado on
Q: My ex made false allegations about me being domestically abusive to her and abusive to my daughter 10 day protection ord

So this last Friday my ex came and verbally we had a thing that she's going to pick up the kids Friday Saturday Sunday Monday but instead she shows up but the cops but the protection order saying that I abuse her and my daughter and they took my daughter and gave her custody but they let my... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 29, 2020

I am assuming there is a hearing set to decide whether the protection order will be extended. If so, you need to be prepared to present evidence at that hearing to show that her allegations are false. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law for Georgia on
Q: My ex husband committed suicide on 6-28-2017. Our daughter is his only child does she get his belongings?

My ex husband committed suicide on 6-28-2017. We had only been divorced two months. Our daughter is his only heir she was his only child. The day he died his mom let one of his ex girlfriends move into our family home, before she did his mom removed our safe and all his personal items from the home... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 29, 2020

I’m sorry to hear about him committing suicide. It’s difficult to say without knowing the facts of the case. It would be wise to at least consult with a probate attorney who can review the facts of the case and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Georgia on
Q: If I run away at 17 while In in foster care what will happen if I'm caught and what will happen if I'm not caught

I have a saving to live off of for the time being and I can do online school can they track me down I'm miserable in this foster home its horrible and I plan on leaving I can take care of myself

Homer P Jordan IV
Homer P Jordan IV answered on Sep 29, 2020

You will most likely be reported as a runaway and if you are found you will be brought back to the foster home or to another one. If you are in a bad situation there you should speak with your case worker about it and see if there are other options. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Family Law for Georgia on
Q: My daughter graduated and is 18 now, do I need to continue paying 50% of medical bills that were accumulated in our

Divorce agreement when she was under 18? Paperwork doesn’t say I have to continue making payments on medical bills that occurred before 18. Can I stop making payments on medical bills now that is she 18?

Homer P Jordan IV
Homer P Jordan IV answered on Sep 29, 2020

Without seeing your order it’s difficult to say what you are still responsible for, if anything. However, if you were responsible for half of the medical bills until she turned 18, then it stands to reason that you would still need to pay your share for bills that came from before she turned 18.... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My son lost custody to DSS about 1 1/2 years ago and now they're trying to force him to sign his rights away.What now

They're in foster care and they want to adopt them

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2020

DSS likely can't force him. Typically, for his parental rights to be terminated, he is entitled to a hearing and a Judge will decide. Of course, if he hasn't done anything to get the children back in the last year and a half, his odds of being successful are likely not good. He needs... Read more »

1 Answer | Asked in Family Law for Kentucky on
Q: Am I still required to pay half in Ky?

I pay child support every month and have always been current. I also pay my child's benefits every paycheck. Other than being required to pay half of his medical bills, am I required to pay anything else? Or even half of anything? My ex has told me that I am still responsible to half other... Read more »

Timothy Denison
Timothy Denison answered on Sep 28, 2020

To answer this question properly, one would need to see your property settlement agreement.

1 Answer | Asked in Divorce, Family Law and Landlord - Tenant for Kentucky on
Q: My husband and I share ownership of our house on our deed. However, my mother-in-law is also on the deed.

The property sits on an acre of land on my mother-in-laws farm. What would happen if my husband and I divorced? Since she doesn't live with us I feel as if she shouldn't have ties in the share value of the home. Also, what would happen if my mother-in- and father-in-law divorced? Would he... Read more »

Timothy Denison
Timothy Denison answered on Sep 28, 2020

Seeing the actual deed would be important, but basically you, your husband and m-I-l are either tenants in common or tenants with right of survivorship. Either way you m-I-l has a 1/3 or 1/2 interest in the property. If you and your husband divorce, she would be entitled to 1/3. If she and her... Read more »

1 Answer | Asked in Family Law for Kentucky on
Q: What is law about have a garden at 19 and can that keep you from moving out

I am still I high school this is my last year and I am being told that I have a garden until I turn 19 can I still move out because they are telling me that being 18 dont matter that they are still my garden

Timothy Denison
Timothy Denison answered on Sep 28, 2020

You mean guardian rather than garden. Once you turn 18, you can make all your own choices and decisions. Unless there is a guardianship over you which provides it remains in place until you are 19, 18 is the magic number.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: How do I contest a custody order that was made by a judge in another state that did not have jurisdiction
Sheila Crumley Field
Sheila Crumley Field answered on Sep 28, 2020

You need to provide more information before we attempt an answer. Such as, what is the Order for? When was it filed? Were you served? Is it a modification or original divorce? Please provide more information. Thank you.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Is it possible to file a parenting plan modification without an attorney in Oregon due to safety concerns

My ex and his girlfriend who he lives with are being investigated by CPS. There has been domestic violence in the home and heavy drinking. I want to know if there is a way to make it so they cannot stay overnight until this situation is resolved. The behavior has gotten worse and has been going on... Read more »

Jessica Larsen
Jessica Larsen answered on Sep 28, 2020

Yes, you can file for a parenting plan modification without an attorney. You will need to locate the forms for a Motion to Show Cause re: Modification of Parenting Time on the court website which you can fill out yourself. If you find them too difficult, you should retain an attorney to assist you.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hello. My ex-husband had a TRO signed against me for picking up our daughter on 9/9/2020 with no reason or allegations

I am the custodial parent, however he took her for a visit and refused to give her back and then had a restraining order files. . The hearing has been reset to mid October as he is required to get a nail drug test bc he is an addict and is on felony probation. Since it has been over 14 days since... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 28, 2020

Under the Texas Rules of Civil Procedure, a Temporary Restraining Order usually expires on its own 14 days after it has been issued. TRO's are often extended, however. I suggest that you call the District Clerk to ask.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: I am having a very hard time dealing with Livingston parish they have taking my daughter away from me whenever I have

My daughter is two years old and my mother must’ve filed some kind of way to get custody of her but I was never told of a hearing or anything I have no criminal history no drug history no anything

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 28, 2020

Call a custody lawyer. Justia is not a referral service. It is a website on which to ask legal questions.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: What can I do to get custody of my two-year-

What can I do to get custody of my two-year-old daughter since my mother has somehow convince the court to grant her temporary custody without my knowledge and I have no criminal history background drug history or background anything no charges against me no open custody child DCS case is nothing I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 28, 2020

Justia is a website to on which to ask legal questions. It is NOT a referral service. Call a custody lawyer.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Civil Rights for Louisiana on
Q: I and living in my childhood home, with my dad. I help and pay utilities and food. Me and my dad. He also rents thre

Other rooms upstairs. He wants me to move out. he called the cops one time and they said he would have to evict me. Now he is saying he is signing the house over to my brother who doesn't like me this evening. The IRS has a 187000000$ lien on the house. Can he do this ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 28, 2020

If you are over the age of 18, and not disabled, you need to find another place to live. Either your father or your brother can simply lock you out or evict you.

1 Answer | Asked in Family Law for Kentucky on
Q: Can I move out at the age of 18

I am being told I cant move out till after high school when I'm 19 I'm 18 and wanna move out now

Timothy Denison
Timothy Denison answered on Sep 28, 2020

You can move at 18.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If a woman who has 50/50 custody gets put in jail, are her rights taken away

She will be in jail for about 2 and a half years, and has split custody with the child's father. Father will be caring for the child full time while mother is in jail, wondering what happens after she gets out of jail/what her rights will be during the whole process

Troy Tyson
Troy Tyson answered on Sep 28, 2020

Not automatically. Either the father will need to file for a modification of custody, or DCS could intervene.

2 Answers | Asked in Family Law and Child Support for North Carolina on
Q: Are holiday or vacation overnights counted in addition to the basic custody schedule when figuring child support?

I’m trying to determine if Worksheet A or B should be used to determine the amount of child support I pay. Based solely on the weekly custody schedule in my consent order, my sons spend 120 overnights with me/year. But if you factor in holidays and vacation time also defined in the consent order,... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 27, 2020

A properly drafted consent order should have already properly calculated child support. However, what worksheet you use is based on what type of custody you have. Since we do not know that, we can not answer your question. You should likely consult with a local family law attorney if you want to... Read more »

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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Alabama on
Q: I have 3 month old child and the father is narcissistic person. When he comes around he only comes for my money.

And verbally abuse me. I did a protection order but he held me hostage so I couldn’t go he also threaten me If I go back that he will hurt me and take our child. How can I collect child support and not let him be around my child? He sell drugs and is not a stable person.

Sheila Crumley Field
Sheila Crumley Field answered on Sep 27, 2020

Please contact 2nd chance and they will help you get away from him.

Also contact DHR who will go after child support without giving any visits. Good luck to you.

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Support and Public Benefits for Michigan on
Q: How do I reopen my case after we both agreed to have it closed because we were living together but aren't anymore?

The father of my 2 children and I had been together for 16 years. Living together for over 10, our eldest is 14. We both agreed to stop child support because it was OUR income/outcome but he recently moved out. He is on the lease/utilities and state grant (DHS), I am unable to provide a forwarding... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 27, 2020

Contact your county's DHS office or Friend of the Court; they will take it from there.

1 Answer | Asked in Family Law and Child Support for California on
Q: Is my ex solely responsible for our minor kids' oop medical costs associated with expensive insurance HE insisted on?

My ex and I have 2 children, 16 y/o. Our divorce left me in terrible finances, while he continued earning more, well over 6 figures. I left a great career a few years ago due to my daughter's difficult medical diagnosis.

My income is so low i am on medi-cal, and since my children live... Read more »

Shawna Murray
Shawna Murray answered on Sep 27, 2020

You are responsible for uninsured medical costs based on what your court order says. The language varies from case to case. Usually there is language in the order stating that the healthcare coverage should be free of cost or at reasonable cost. It does not sound like the insurance he has provided... Read more »

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