Family Law Questions & Answers by State
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Family Law Questions & Answers
Q: If I got a letter from the attorney general telling me I had to go to court how do I reschedule?
Carrie T. Schilling's answer
There should be a phone number of who to call on the citation. If you have not missed your court date yet, you can call the attorney general's office or the court clerk and ask if you can get the date re-set. If you've already missed your court date your options may be limited depending on how long its been and whether you can prove that notice was deficient. You may be able to appeal or ask for a new trial on the basis that you did not receive notice. If you've missed the deadline to do...
There should be a phone number of who to call on the citation. If you have not missed your court date yet, you can call the attorney general's office or the court clerk and ask if you can get the date re-set. If you've already missed your court date your options may be limited depending on how long its been and whether you can prove that notice was deficient. You may be able to appeal or ask for a new trial on the basis that you did not receive notice. If you've missed the deadline to do...
Q: Just clarifying that if my dad loses his assistance thru inclusa as per STATE STATUTE 55.02(2) and SINCE HE IS in prote
1 Answer
| Asked
in
Gov & Administrative Law, Public Benefits and Family Law
for
Wisconsin
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
Brady R. Henderson's answer
Both Wisconsin law and federal law provide a right for a person being cared for due to a disability to be given the least restrictive placement. Sometimes court battles arise because that person, the person's guardian or family and the state disagree as to what placement is required. If you are your father's guardian, the state should not be able to do much here without your consent, or at least giving you notice of what they intend to do and an opportunity to be heard.
If things have...
Both Wisconsin law and federal law provide a right for a person being cared for due to a disability to be given the least restrictive placement. Sometimes court battles arise because that person, the person's guardian or family and the state disagree as to what placement is required. If you are your father's guardian, the state should not be able to do much here without your consent, or at least giving you notice of what they intend to do and an opportunity to be heard.
If things have...
Q: can childsupport be increased if child no longer lives with father, who had joint custody. (kicked child out his house)
Dawn Renee Gould's answer
Yes. You can file a motion to modify child support but be prepared to prove with evidence that the child is no longer staying the requisite overnights. As a cautionary measure, I would also file a motion to modify custody. The courts may very well not modify child support until the custody is finalized, additionally, you wouldn't an order for custody with joint custody if that's not what's occurring. Child support and custody are always modifiable and you need to prove that a material change...
Yes. You can file a motion to modify child support but be prepared to prove with evidence that the child is no longer staying the requisite overnights. As a cautionary measure, I would also file a motion to modify custody. The courts may very well not modify child support until the custody is finalized, additionally, you wouldn't an order for custody with joint custody if that's not what's occurring. Child support and custody are always modifiable and you need to prove that a material change...
Q: Two teachers held my 7 year old down and cut her hair i have already filed assualt charges I need a lawyer to help me
1 Answer
| Asked
in
Civil Litigation, Criminal Law, Family Law and Civil Rights
for
Florida
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
Andrew Lawrence Moses' answer
The criminal charges will be handled by the State Attorney's Office and retaining your own attorney is not necessary. However, you may consider retaining a lawyer to act as your advocate in the criminal case. If you are considering a civil law suit you will also need a lawyer. Your questions does not indicate your intentions so my response is fairly general.
The criminal charges will be handled by the State Attorney's Office and retaining your own attorney is not necessary. However, you may consider retaining a lawyer to act as your advocate in the criminal case. If you are considering a civil law suit you will also need a lawyer. Your questions does not indicate your intentions so my response is fairly general.
Q: Good morning. I was divorced in 2013 our house in was supposed to be sold and monies split. Can I take him to court?
1 Answer
| Asked
in
Constitutional Law, Family Law and Contracts
for
Alabama
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
Shane Michael Oncale's answer
Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney as soon as possible to address this issue.
Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney as soon as possible to address this issue.
Q: What can my friend do if she falsified info to her case worker?
Leonard R. Boyer's answer
Your friend needs to retain an experienced matrimonial attorney to handle this matter, but no one can guarantee, that even with an attorney, that your friend may still lose her children. There are a significant amount of information that would be required to give your friend meaningful legal advice. This is best accomplished through an in person consultation, where your friend would be protected by attorney-client privilege, which does not exist on the Internet. Do not let geographic...
Your friend needs to retain an experienced matrimonial attorney to handle this matter, but no one can guarantee, that even with an attorney, that your friend may still lose her children. There are a significant amount of information that would be required to give your friend meaningful legal advice. This is best accomplished through an in person consultation, where your friend would be protected by attorney-client privilege, which does not exist on the Internet. Do not let geographic...
Q: is the admission of parentage only admissible when it is said during a proceeding to adjudicate parentage?
Ray Choudhry's answer
There are a lot of whereases to your question.
Please explain if there have been any other proceedings, such a child support.
Also, did the parties sign voluntary acknowledgment of paternity at birth.
There are a lot of whereases to your question.
Please explain if there have been any other proceedings, such a child support.
Also, did the parties sign voluntary acknowledgment of paternity at birth.
Q: I haven't received the CS papers sign from a judge since Dec. Do I still need to lend my son to the NCP?
Rahlita D. Thornton's answer
If the order has been signed you have to abide by them. Contact the district clerks office for it. I’m assuming you just have not received the document either by mail or from your attorney. If it’s been signed follow it.
If the order has been signed you have to abide by them. Contact the district clerks office for it. I’m assuming you just have not received the document either by mail or from your attorney. If it’s been signed follow it.
Q: What are the legal consequences for lying to a social worker?
Leonard R. Boyer's answer
There are no fixed set of consequences, just do not do it. A social worker has broad powers, but if you believe that you are not being treated properly, than you need to contact an experienced matrimonial attorney to discuss the situation in detail, and if applicable bring the matter to the attention of the Court.
There are no fixed set of consequences, just do not do it. A social worker has broad powers, but if you believe that you are not being treated properly, than you need to contact an experienced matrimonial attorney to discuss the situation in detail, and if applicable bring the matter to the attention of the Court.
Q: Can I get alimony if I divorce my husband? 7 years married and no children. He is not being fair to my rights as wife.
Kristine Jones' answer
Hello. It depends. There are many factors that impact alimony. Please have a consultation with an attorney in your area who can discuss your specific facts and give you the best advice on your chances. Best of luck!
Hello. It depends. There are many factors that impact alimony. Please have a consultation with an attorney in your area who can discuss your specific facts and give you the best advice on your chances. Best of luck!
Q: The father and I broke up a days ago . he won't allow me to take her. what are my rights
Ellen Cronin Badeaux's answer
Mothers and fathers have the same custodial rights. If he won't let you have your child, then hire a custody lawyer.
Mothers and fathers have the same custodial rights. If he won't let you have your child, then hire a custody lawyer.
Q: Who do you notify if your spouse marry someone else while still legally married to you?
Ellen Cronin Badeaux's answer
Notify the following:
1) the Sheriff's Office,
2) hire a divorce attorney,
3) the 2d wife.
Notify the following:
1) the Sheriff's Office,
2) hire a divorce attorney,
3) the 2d wife.
Q: Which parent will receive disability benefits for the minor children?
1 Answer
| Asked
in
Civil Rights, Social Security, Divorce and Family Law
for
Louisiana
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Ellen Cronin Badeaux's answer
The custodial parent receives the children's benefits as long as a copy of the Custody Judgment has been sent to the agency.
The custodial parent receives the children's benefits as long as a copy of the Custody Judgment has been sent to the agency.
Q: If a mother can be proven unfit can she be put on child support?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Kristine Jones' answer
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it doesn't, then you are not required to pay for those additional expenses. Best of luck.
Hello. Fitness or unfitness is not what child support is based on. The custody arrangement determines who should receive the child support, then the number is calculated based on the Child Support Guidelines. As far as expenses go, the child support order may address who pays for what. If it doesn't, then you are not required to pay for those additional expenses. Best of luck.
Q: i am a mother in oklahoma whose 5 children were illegally removed by falsifying documents, i have my case file on hand
2 Answers
| Asked
in
Family Law, Civil Rights, Constitutional Law and Juvenile Law
for
Oklahoma
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Kyle Persaud's answer
I can't tell whether the children were legally removed, simply by looking at the documents alone.
The question as to whether it is legal to remove children from a parent's custody, depends on a great many factors. I would have to know the circumstances of the removal, the condition of the children, the condition of the home, and behavior of the parents.
If you can afford an attorney, it's probably best for you to consult one.
I can't tell whether the children were legally removed, simply by looking at the documents alone.
The question as to whether it is legal to remove children from a parent's custody, depends on a great many factors. I would have to know the circumstances of the removal, the condition of the children, the condition of the home, and behavior of the parents.
If you can afford an attorney, it's probably best for you to consult one.
Q: What are my rights and what steps do I need to take to approach this fragile situation at hand logically?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Kentucky
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Timothy Denison's answer
Make s motion to modify the agreement and for the court to appoint a therapist to address the Patental Alienation Syndrome.
Make s motion to modify the agreement and for the court to appoint a therapist to address the Patental Alienation Syndrome.
Q: Just want to pay child support but can't figure out what I would pay. Ready to end the misery.
Timothy Denison's answer
KRS 403.211 sets out the child support guidelines based on income. You can get a fairly good idea what to pay and then walk away from that poisonous situation.
KRS 403.211 sets out the child support guidelines based on income. You can get a fairly good idea what to pay and then walk away from that poisonous situation.
Q: Me and my ex are getting a divorce, I am the mother he is filing for sole custody with me having no rights to them.
Timothy Denison's answer
Contact Legal Aid or your local bar association. They can help you fino a pro bono or reduced fee attorney.
Contact Legal Aid or your local bar association. They can help you fino a pro bono or reduced fee attorney.
Q: My 17 yo daughter moved out after graduating High School and lives with an adult friend. She wants us to pay for her gas
Amanda Bowden Houser's answer
You certainly are not required to support her on terms that she dictates. If she is old enough to live where she wants, she's old enough to provide for herself. You likely ought to stop enabling her immature behavior.
You certainly are not required to support her on terms that she dictates. If she is old enough to live where she wants, she's old enough to provide for herself. You likely ought to stop enabling her immature behavior.
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