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Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: And can you give an explanation of why I would lose because I’m none of what they put on petition which is defamation

I didn’t abandon my son I’ve been here threw out the whole time he just been staying with them I take him to all important matters I buy him what he needs so why is that

Adam Bull
Adam Bull answered on Oct 20, 2019

I would need more information before being able to answer your question. What is in a petition are merely allegations. The question is what evidence do they have to prove the allegations.

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: What does moving party checked in and left court w/o asking for an adjustment. Matter is dismissed LOP w/o prejudice?

I requested a DNA test back in Jun 2018. Mother never took the child, that I am aware of. But I mysteriously received some DNA results in the mail in Feb of 2019, and received an order from the courts in April 2019 stating the case was dismissed LOP w/o prejudice. Does this mean she possibly never... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 20, 2019

That is probably what happened. Since the case was dismissed without prejudice, it can be refiled.

1 Answer | Asked in Family Law for Texas on
Q: I have a question concerning family law...

I have two boys ages 4 & soon to be 3 years old. I have been receiving some child support for a few months now. At the time we had our mediation I had no issues with visitations. We've had many differences since. I would like to fight for him to at least have supervised visitations or maybe even... Read more »

Jon R. Boyd
Jon R. Boyd answered on Oct 20, 2019

I would be glad to help you on this. Pls call me tomorrow AM at 817-338-4500 and you can view my website at BoydFamilyLaw.com.

Look forward to hearing from you.

-Jon R Boyd

1 Answer | Asked in Family Law for New York on
Q: In New York, is there a right to a jury trial in a divorce action? if yes

give me the cite of the statute which answers the question

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 20, 2019

The only time you can get a jury trial in a divorce action is when the complaint is for adultery and it is only the grounds that allow for the jury trial the equitable distribution part of the trial is before a judge only.

1 Answer | Asked in Family Law for New York on
Q: Would it be legal for a 17 year old to legally run away with a 20 year old with no repercussions on either of them
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 20, 2019

A 17 year old is still a minor under NY law.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: So you telling me either way I have no chance of winning the case with or w/o attorney

My child godparents offered to help out with my child until I got on my feet end up expanding to a year I’m stable as possible but she filed emergency custody and she put lies on the petition that I’m unfit I never abandon my son I been in his life the whole time she had him in her care I take... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 19, 2019

That is not what I said and if that is what you understood from my response then your odds have just dropped some more. Words have specific meaning. What I said was your odds are not good with an attorney and are dramatically reduced if you represent yourself. I did not say you have no chance.... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Will this be a hard fight being that I let him stay to long in there care? Can I file a motion for dismal w/o attorne

My son is 2yr old been in his godparents care for 1yr 3 months I moved to Charlotte December of 2017 got a place end up losing it June 2018 Was going move back to Fayetteville but they offered to help me Until I got back on my feet I never wrote any agreement or rights to them now that I’m stable... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 19, 2019

You need an attorney. Based on your own description - they don't need to lie. Even if everything they said in their Motion for Emergency Custody is lies and everything you have said here is true - even with an attorney, your odds of winning are likely not good but without an attorney, they are... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Family Law and Collections for Florida on
Q: What kind of attorney specializes in mortgage lender negligence? We almost lost our home before their mistake was found.

Purchased a house in October 2018 and mortgaged through Suntrust. In December 2018, they increased our tax escrow from $350 to over $700 a month. I challenged having to pay taxes of the prior owner for 2018 multiple times. In March 2019, I became disabled and lost my job. Tried to work with... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless you actually lost your home to a foreclosure caused by negligence of the lender you are barking up the wrong tree. You cannot sue anyone unless you can prove some actual injury that caused some cognizable damages. "Almost lost our home" is NOT a legal injury; why? Because you still have the... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can a husband and wife share a lawyer in a dcf case? Or do they each need their own lawyer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless the husband and wife are on the same side of the issues and arguments with DCF it is improper for any lawyer to try to represent both spouses. There would be an obvious conflict of interest in doing so.

1 Answer | Asked in Family Law for Florida on
Q: Request for visitation

I’m going there a custody battle with my child father. We going to court in the next 2 weeks. I wanted to know can I ask for supervised visits. If I had to call the police to get my child put of his house, and he refuses. I only called once, but there’s another situation when I didn’t called... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

This free legal advice forum is not the place where you should spend any more time looking for solutions to your serious problem. I suggest you spend the time preparing to present a winning argument as to how your visitation rights can be enforced-- without participating in the never-ending... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Arkansas on
Q: What petition should I use to transfer guardianship back to me if the guardian agrees?

Guardianship since 2012. . Grandma is not opposed. Say I just need to draft and file proper paperwork. I'm in Arkansas and not sure what to file

Dustin Alan Duke
Dustin Alan Duke answered on Oct 19, 2019

If the guardianship is here in Arkansas, and if you are a parent of the child, you would need to file a petition to terminate the guardianship. If you need assistance or have further questions, feel free to contact me.

3 Answers | Asked in Criminal Law, Family Law, Federal Crimes and Probate for Georgia on
Q: My father was sworn in as Executor to my Grandfather’s Estate, and Georgia Probate Court suspended and then revoked him

as Executor, and embezzled the estate assets into my sisters company,

Nina Whitehurst
Nina Whitehurst answered on Oct 18, 2019

You didn't ask a question, but I am guessing that your question is something along the lines of whether you or your father has any kind of remedy for what you consider to be a wrong perpetrated by the probate court or your sister or both. This forum is for questions of a general nature, not for... Read more »

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Ok im about to lose my parental rights to Dcfs after a year + fight after I had a terrible divorce where in the end i as

I had no support, rransportation, developed a drug habit due to lose of my son alienation and depression hwith no job money or anything how do I get my baby back?

Marilyn  Johnson
Marilyn Johnson answered on Oct 18, 2019

You will have to prove to the court that you have rehabilitated yourself by the very least being drug free and obtaining a job . This will more likely be a long process for you. Hopefully, you will have supervised parenting time with your child during your recovery.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I am getting remarried and I am the non-custodial parent. Am I required by law to notify the other parent?

We do not share information on who we date with one another. I am ready to remarry. Since remarriage doesn't usually affect child support payments, am I required to submit some form of notification to the other parent or can I keep my life private. This is under the assumption that the new spouse... Read more »

Jon R. Boyd
Jon R. Boyd answered on Oct 18, 2019

No. Not unless your Decree has some unusual provision ordering you to do so, which I highly doubt and would be invalid.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Can she still receive interim spousal support? Even after 2 yrs of no finalized divorce?

If there's no finalized divorce after 2 yrs. Does interim spousal support continue or does it end.I filed for child support then after they tried to serve him. He went filed for a divorce child support and spousal support with his lawyer. Then we went to court where him and his wife showed up and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 18, 2019

You already asked this question. It is hard to follow. The first order of child support is unaffected by any subsequent orders of child or spousal support.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Can you live in one state but get support in another state?

My child's father pay childsupport for a child that use to live in Mississippi when the child was born but now lives in Virginia and has live there for about 5 or more now. Is that ok?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 18, 2019

Yes. There is a uniform child support compact between the states to collect child support.

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: What if after 2 years divorce wasn't finalized what happens with child support and interim spousal support?

Child's father went filed a 102 divorce in August of 17 judge signed in Sept 17 they had a hearing in Oct 17 so that he doesn't have to pay much child support to my child. Him and his wife never separated nor did they finalized their divorce yet its been two years since all of this has happened. He... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 18, 2019

You need to consult with a child support attorney because your question is very confusing. Subsequent child support orders do not affect the earlier child support order.

1 Answer | Asked in Family Law for North Carolina on
Q: Got dna test found out child is another mans. child has other mans name and man is on BC what do i do

Baby is 7 months old. Has one mans last name he signed affidavit saying baby was his even knowing possibility it was not. Now bought a dna test sent off. Baby is another man. Other man wants baby to have his name and be on birth certificate and have his rights what does he need to do.

Angela L. Haas
Angela L. Haas answered on Oct 18, 2019

He needs to file an action for paternity and legitimation, and possibly file an action for custody, depending on the circumstances.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I had a geo restriction put on her but she moved 200 miles away and said nothing but keeps her old address what do I do

October of 2018 was when I took her to court and not a year later she’s been doing this for 6 months now what do I need to do to prove she is lying and it’s making it had because she misses a lot of or meetings. My daughter is almost 2 now and I can’t see her alone nor nor for 2 hours

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 18, 2019

Make sure that you understand the terms of your order. Once you do then send her requests in writing and then make sure that you are actually showing up at the specific time and place set out in the order. Get proof that you were there. If possible have a good witness with you. If she does not... Read more »

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Percentage of attorneys fees in ga can a judge award
Ellaretha Coleman
Ellaretha Coleman answered on Oct 17, 2019

There is no set amount that a judge can order in attorney's fees. The amount will be dependent on the specific facts of each case.

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