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Family Law Questions & Answers
Q: Can I take my child out of state or the county. With out other parents permission or can he?
John Arthur Smitten's answer
You have to get a court order to relocate greater than 50 miles. You should hire a lawyer to represent you in the case.
You have to get a court order to relocate greater than 50 miles. You should hire a lawyer to represent you in the case.
Q: Can I keep my kids out of school for 4 days My wife is cheat I left her took kids Did not want her to run with them
John Arthur Smitten's answer
Do not keep them out of school. File for divorce asap. You should hire a lawyer to represent you in the case.
Do not keep them out of school. File for divorce asap. You should hire a lawyer to represent you in the case.
Q: im going through a divorce and my baby daddy/ ex husband wants to take our son to his gf family reunion and hasnt even
John Arthur Smitten's answer
You should file for divorce and get a custody order in your favor. You should hire a lawyer to represent you in the case.
You should file for divorce and get a custody order in your favor. You should hire a lawyer to represent you in the case.
Q: What happens when dcf asks you to take a drug test and you don't go
John Arthur Smitten's answer
Unless they have some type of warrant or court order then you are not under any duty to comply. You should hire a lawyer to represent you in the case.
Unless they have some type of warrant or court order then you are not under any duty to comply. You should hire a lawyer to represent you in the case.
Q: Should I subpoena the Petitioner's attorney instead (using pleading paper) to bring his bank statement to court?
1 Answer
| Asked
in
Family Law, Child Custody and Civil Litigation
for
California
on
Answered on Sep 24, 2016
Answered on Sep 24, 2016
Andy Chen's answer
You would not subpoena the attorney for them. You could send a document production request via discovery for the bank statements and whole food receipts. However, that does not mean your ex will produce them. He or the attorney could object and it would be on you to demonstrate sufficient good cause to compel the production of the statements and receipts. Demonstrating sufficient good cause is difficult. You may be better off trying to prove your ex's alcoholism by some other means than how he...
You would not subpoena the attorney for them. You could send a document production request via discovery for the bank statements and whole food receipts. However, that does not mean your ex will produce them. He or the attorney could object and it would be on you to demonstrate sufficient good cause to compel the production of the statements and receipts. Demonstrating sufficient good cause is difficult. You may be better off trying to prove your ex's alcoholism by some other means than how he...
Q: Divorce/Child Custody/Spousal Abuse?
Andy Chen's answer
Look up Domestic Violence Restraining Orders. Your chance of getting one granted will be better if the abuse was more recent.
Look up Domestic Violence Restraining Orders. Your chance of getting one granted will be better if the abuse was more recent.
Q: Spousal support payments of $1000 were no problems until a job demotion, which lowered my income 1/2 & can be modified?
Andy Chen's answer
In general, yes. A change in circumstances is what is required to get a court order modified. A loss of half your income would seem to me to qualify. Be prepared to show how the half you lost can't be replaced real easily (i.e. it is not just a matter of you getting another job).
In rare cases, I have seen court orders for support be non-modifiable. If this is your case, then you may not be able to get your support changed.
In general, yes. A change in circumstances is what is required to get a court order modified. A loss of half your income would seem to me to qualify. Be prepared to show how the half you lost can't be replaced real easily (i.e. it is not just a matter of you getting another job).
In rare cases, I have seen court orders for support be non-modifiable. If this is your case, then you may not be able to get your support changed.
Q: No proof of Service attached to Request for Production, how do I know this is involved with the courts.
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
California
on
Answered on Sep 24, 2016
Answered on Sep 24, 2016
Andy Chen's answer
Discovery requests like what you appear to have received are not filed with the court. They are not issued by the court and do not go through the court at all. There's no way of knowing whether the October 13 expiration date you mention is indeed the right one without seeing the documents you have. Discovery can and often is served without any future court dates set.
Discovery requests like what you appear to have received are not filed with the court. They are not issued by the court and do not go through the court at all. There's no way of knowing whether the October 13 expiration date you mention is indeed the right one without seeing the documents you have. Discovery can and often is served without any future court dates set.
Q: if I agreement with wife i see my every week and she wont let see my kids what can do to get honor agreement
Tristan Kenyon Schultz's answer
If you need to enforce the agreement, the you will need to pursue the action in court. If the custody matter is still pending, this may be a topic for a temporary order request.
If you need to enforce the agreement, the you will need to pursue the action in court. If the custody matter is still pending, this may be a topic for a temporary order request.
Q: Can my name be used in a custody court of kids that are not biologically mine without my consent?
David Axinn's answer
It is hard to answer this question without knowing what you mean when you refer to your name being used. I'll assume that you are not a party to the custody action. If you are a member of a household that includes one of the parents, your name will certainly be mentioned, and you may be asked to testify at a hearing. There are some cases where one of the parents asks that some restriction be placed on the other parent's partner's contact with the children. What a court might do depends on the...
It is hard to answer this question without knowing what you mean when you refer to your name being used. I'll assume that you are not a party to the custody action. If you are a member of a household that includes one of the parents, your name will certainly be mentioned, and you may be asked to testify at a hearing. There are some cases where one of the parents asks that some restriction be placed on the other parent's partner's contact with the children. What a court might do depends on the...
Q: There are three children in my home That do not attend school and are not home schooled. What are the laws in florida?
Terrence H Thorgaard's answer
Florida truancy laws are here:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1003/1003PartIIContentsIndex.html&StatuteYear=2016&Title=%2D%3E2016%2D%3EChapter%201003%2D%3EPart%20II
You indicate that the children are in your home, but it is not clear whether you are their parent or what. You probably should report the situation to your local school board or the principal of the school where the children should be attending.
Florida truancy laws are here:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1003/1003PartIIContentsIndex.html&StatuteYear=2016&Title=%2D%3E2016%2D%3EChapter%201003%2D%3EPart%20II
You indicate that the children are in your home, but it is not clear whether you are their parent or what. You probably should report the situation to your local school board or the principal of the school where the children should be attending.
Q: How long can someone get child support after child is returned from DCF custody even if they still have temp custody
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Massachusetts
on
Answered on Sep 23, 2016
Answered on Sep 23, 2016
Q: How do I make a motion to change venue in Allen County IN? Where can I find the form?
Paul Stanko's answer
I do not believe you will find a form Motion to Change Venue on the State website. Contact your lawyer, express your desire to change venue, and he or she can take it from there.
I do not believe you will find a form Motion to Change Venue on the State website. Contact your lawyer, express your desire to change venue, and he or she can take it from there.
Q: If there is no support order in place is the non custodial parent obligated to pay child support?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Colorado
on
Answered on Sep 23, 2016
Answered on Sep 23, 2016
Tristan Kenyon Schultz's answer
Yes and no. A court order is required to formally enforce any and all terms of a custody and separation agreement. However, if the parties have reached an out-of-court agreement, the court MAY adopt the previously agreed upon terms. If the negotiation process has broken down, you may have a "contested" case. Contact a family law lawyer for advice and guidance.
Yes and no. A court order is required to formally enforce any and all terms of a custody and separation agreement. However, if the parties have reached an out-of-court agreement, the court MAY adopt the previously agreed upon terms. If the negotiation process has broken down, you may have a "contested" case. Contact a family law lawyer for advice and guidance.
Q: my daughter is now 27 have been trying to get arrears somewhat caught up for along time GA. ordered him to pay 2,000 for
Terrence H Thorgaard's answer
You write that " they [the Georgia child support agency, I take it] told me I had to go where I live in Fl to reopen ...". Contact the Florida Department of Revenue. Their website is here: https://childsupport.state.fl.us/Public/IntroductionRD.aspx
Perhaps they can talk to the Georgia agency and get answers.
You write that " they [the Georgia child support agency, I take it] told me I had to go where I live in Fl to reopen ...". Contact the Florida Department of Revenue. Their website is here: https://childsupport.state.fl.us/Public/IntroductionRD.aspx
Perhaps they can talk to the Georgia agency and get answers.
Q: What are the consequences of a mother with children under 5 coming home drunk in the 3/4am.
1 Answer
| Asked
in
Family Law, Car Accidents and Child Custody
for
California
on
Answered on Sep 23, 2016
Answered on Sep 23, 2016
Peter Munsing's answer
It can be reported to the police. It also appears to be child endangerment and many other things. Suggest you either report it to the police or to Children and Youth.
It can be reported to the police. It also appears to be child endangerment and many other things. Suggest you either report it to the police or to Children and Youth.
Q: Would I be entitled to some or any of my ex-wife's 401K, even though I didn't ask for it in the divorce?
Leonard Robert Grefseng's answer
No, sorry. Some obligations remain modifiable after the divorce is over ( like alimony and child support) but the "property division" is not. Once the case was over and the appeal time expired, that division is "final" and can't be re-negotiated. Once possible exception would whether your ex-wife concealed or failed to disclose this asset or otherwise engaged in some fraud or deceit. If you can prove this information was withheld, you might have a chance. However, it sounds like you didn't have...
No, sorry. Some obligations remain modifiable after the divorce is over ( like alimony and child support) but the "property division" is not. Once the case was over and the appeal time expired, that division is "final" and can't be re-negotiated. Once possible exception would whether your ex-wife concealed or failed to disclose this asset or otherwise engaged in some fraud or deceit. If you can prove this information was withheld, you might have a chance. However, it sounds like you didn't have...
Q: if im sixteen and pregant and im on probation and i runaway what will happen?
1 Answer
| Asked
in
Criminal Law, Family Law, Child Custody and Juvenile Law
for
New Hampshire
on
Answered on Sep 22, 2016
Answered on Sep 22, 2016
Paul Stanko's answer
Running away will make it worse. Stay put and get an attorney. If you are indigent, the court can appoint an attorney. What kind of life do you expect to live as a young, pregnant runaway?
Running away will make it worse. Stay put and get an attorney. If you are indigent, the court can appoint an attorney. What kind of life do you expect to live as a young, pregnant runaway?
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