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Family Law Questions & Answers
1 Answer | Asked in Family Law for Oklahoma on
Q: I have a VPO against my ex for domestic violence. We are currently going through informal mediation for child visits.

My brother is the mediator. We were court ordered to go through third party visitation. Can he quit? His name isnt on any paperwork and we never signed any agreements.

Pete David Louden
Pete David Louden answered on May 6, 2021

Did the court approve your brother to serve as mediator? Mediators usually have formal training so not sure how that is possible unless what you mean is he is a visitation supervisor.

Either way, sounds like you are in desperate need of an attorney.

1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My sister made me executor of her will, she lived in Indiana, and I live in Florida. Can I use an attorney in Florida?
Jackie Marie Howard
Jackie Marie Howard answered on May 6, 2021

My condolences for your loss. The administration should occur in the State where your sister resided; therefore, you would want counsel licensed to practice law for that location.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Florida on
Q: My 15 y.o. nephew from NY has runaway while down here in FL. What do I do?

My sister sent my nephew down here to live with me because he was trying drugs, not doing well in school and coming/going from the house whenever he wanted. At first he was doing so well down here...said it was toxic in NYC and he appreciated the calmer environment. However, now he misses his... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 6, 2021

Are his parents coming to Florida to find him and/or pick him up? They should consider take responsibility for him and should report him as a runaway. Do you know where he is? You may want to consider speaking with an attorney and moving forward in terms of reporting him as a runaway and/or to... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: I lived with my boyfriend for 3 through 5 months do i have to go back with my mom in kentucky with my unborn baby

If I do go back she going to take everything for me and my baby like money and ECT. Every time I gey money for the government she take and if she keep taking for me I want be able to take care of my baby and me. Need help asap.

Timothy Denison
Timothy Denison answered on May 6, 2021

You do not have to go back. You have emancipated but you will have to handle everything on your own from here on.

2 Answers | Asked in Child Support and Family Law for Florida on
Q: I have a case for three children from 2009 until the last child’s 18th birthday. My oldest two will then be 25 and 23.

The case did not contain any orders for if/when the children emancipated.

Nicole Vette
Nicole Vette answered on May 6, 2021

Typically children emancipate when they turn 18 unless they are still in high school participating in good faith, in which case they emancipate upon graduation or age 19 whichever is earlier. Other ways a child can emancipate are marriage or entry into military.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: Can I report a tribal judge for not ruling according to their own laws?

Tribal judge has followed laws to rule favorable for native individual in family court, but when the EXACT (and I mean EXACT) situation was reversed and would have been ruled to favor a white person, completely ignored and ruled the other way. Did not follow tribal code for what things to take into... Read more »

Brent T. Geers
Brent T. Geers answered on May 6, 2021

You should speak with an attorney versed in the Indian Child Welfare Act (ICWA) and Michigan Indian Family Preservation Act (MIFPA). Bottom-line up front is that different rules apply with native american children and families.

1 Answer | Asked in Family Law for Michigan on
Q: Does CPS need a court order to remove my children from my house

There with my sister and I passed a drug test and haven't heard anything what do I do? And removed my children without a court order. Do I have to comply?

Brent T. Geers
Brent T. Geers answered on May 6, 2021

Was drugs the only issue? Have they asked you to do any other services? It sounds like what happened is what's called a voluntary removal - done without court order. If you push the issue, and CPS believes they have grounds for removal, they will get a removal order and file a petition against... Read more »

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Do you have to buy out an ex from a martial home or can he give you his half?

My husband and I separated in October. He moved out and got an apartment. I am working on finding an attorney to get the divorce moving, but due to finding out I'm also pregnant has made that difficult. I would like to get the ball rolling and get the divorced finalized.

Corwin Kruse
Corwin Kruse answered on May 6, 2021

The two of you can divide property pretty much any way you wish (within reason). There is no requirement that one party “buy out” the other’s share of a home, or that property division be equal.

Generally, one party might take other property (stocks, retirement, etc) in lieu of...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: I have a support order in Indiana but ex lives in new state of Georgia, how do I know which state she filed in?

I have a support order in place in Indiana, and up to date on support payments. The court also granted parenting time, but the judge said it may be difficult to enforce because the children live Georgia with their mother. Paternity affidavits were completed and signed by both myself and their... Read more »

Troy Tyson
Troy Tyson answered on May 6, 2021

If your support order is out of Indiana, then it likely contains the custody provisions as well. You can check with the court clerk to see if the case is still based in Indiana. You can bring an action in Indiana to enforce your parenting time. However, keep in mind that it may be difficult to... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Could there be repercussions for forgoing make up parenting time? Do I have to have a reason to forgo?

I offered custodial parent an opportunity for additional parenting time, which was accepted. I don’t have an acceptable time in which to schedule the make up time, so I am opting to forgo the two days I lost.

Troy Tyson
Troy Tyson answered on May 6, 2021

If it happens just one time, you're fine. You don't want it to become a pattern, though, because the custodial parent could try to use that behavior against you to suggest you are not interested in using all of your parenting time.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a father still have to pay child support if he signs over his parental rights?

The child support was court ordered through a judge from getting a divorce. Father has no visitation rights, mother has 100% custody of child and father see's child when they want rather than consistently.

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

What you are asking is not something that is done as same is against public policy. The responsibility to pay child support is not tied to the timesharing. There are ways to terminate parental rights and that is something that can be discussed with an attorney to see if this is possible in your... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can i leave my house at 17 if my mom is verbally abusive and threatens to beat me and throws backpacks etc at me

She tells me to move out when i'm 18 but i turn 18 in 3 months and don't wanna get in trouble with the law if i do leave what can i do?

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

You may want to reach out to a trusted adult such as a teacher, school counselor, friend's parent, doctor, clergy member, etc... to seek assistance. When you are eighteen, you are a legal adult in Florida, until then, please seek out help from an adult who can try to help you for the next... Read more »

1 Answer | Asked in Family Law for Florida on
Q: On the grounds for terminating parental rights Flora statue 39.806(1)(1) Is it 3 removals or any of the children have

Does this mean if 3 or more of your children have been placed in out of home care. Or if any of your children have been placed in out-of-home care 3 or more?

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

This would refer to any child being removed, it is not only applicable if you have three children removed.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Located on tampa, fl. I am going through a separation with my wife. Who should leave the house to have space, me or her?

My wife wants to separate and i need space from her. She says she wont be leaving the house we rent. She is never home and barely takes care of the kids. I want her to leave so I can focus on me and the kids. Who should leave the house since its technically rented and neither of us own the house.

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

There is no legal requirement that either of you leave the home. If a Petition for Dissolution is filed, either party can seek what is called "exclusive use and possession" of the home that you and she share. Until such time as the court actually awards a party exclusive use and... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: can I win if I summit a motion for default?

I went to pre trial on march based on my motion for contempt and modified time sharing that i put in the courts against my son father and the judge told my son father at Pre trial that he have 20 days to respond back to my motion. its been over a month and he have not responded and it was ordered... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

Motions do not typically require responses. However, a responsive motion or an Answer is required in response to a supplemental petition for modification. You may want to see if you can schedule another status conference with the judge. Additionally, if this was a pre-trial conference, there... Read more »

1 Answer | Asked in Divorce, Family Law and Civil Rights for Florida on
Q: I am paralyzed, I have MS

I am paralyzed, I have MS

I am indigent, as the judge said, Ms Ford makes nine times as much as I do, and she can afford private counsel.

I have advocated my position on previous counsels failure to file the mandatory disclosure upon filing in accordance with the rules for months.... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

Hi, it is not clear what your question is. However, you may want to see if you can obtain the assistance of an attorney from a local Legal Aid society in your county. Alternatively, contact your local bar association to see if there are any pro bono attorneys. Additionally, your local courthouse... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for New York on
Q: I am looking for an attorney that can help me fight for my mothers rights.
Tim Akpinar
Tim Akpinar answered on May 5, 2021

Your question remains open for a week and it covers a number of categories. There's no guarantee that all questions are answered here, but if you wanted to narrow your question down a little bit, where you asked a specific legal question about given situation, you might have better chances of... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I’m having a kid, She’s putting her last name instead of mine. Any legal action I can do to change this?
Pete David Louden
Pete David Louden answered on May 5, 2021

If you are not married, she can choose any name that she wants.

If you want to establish any rights to the child you must be proactive and file a paternity action and then the court can enter a custody, visitation, and child support order. You can also address the name issue.

Best of luck!

1 Answer | Asked in Family Law and Landlord - Tenant for Oklahoma on
Q: Can I remove my 18 yr old daughter and her 20 yr old girlfriend without legal eviction?
Timothy Carignan
Timothy Carignan answered on May 5, 2021

They are both legal adults. If they aren't paying rent, then they aren't tenants and don't have the rights that tenants have. You can ask them both to leave, and you can call a sheriff if they refuse.

However, this will almost definitely do great harm to your relationship...
Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: When is the first full week of a month?
Phyllis Shepherd
Phyllis Shepherd answered on May 5, 2021

I have seen child custody decrees that allow the parents to define what the first full week of the month means for purposes of the decree. For example, the parents can agree that the first full week of the month starts with the first Sunday of the month followed by six consecutive days.

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