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Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Florida on
Q: Is it possible make a write agreement with my ex husband before get divorce . ,

We have a restaurant business together

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 30, 2022

Parties are able to enter into written agreements prior to getting divorced. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: There is a no contact order against me for my foster sister and I want to know once she's adopted if it will disappear
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 30, 2022

The adoption will not change the no contact order. Normally the order will have a duration (a year, permanent, temporary). The only way to change that term is to return to court. Speak with a local lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: What can I do if my ex says she has a child that is mine but never let me meet them and has blocked me?

I was dating a girl and she suddenly broke up with me and there was no communication. After 6 months she contacted me to tell me she was pregnant with my child and I ruined her life and she wanted nothing to do with me. I have tried to get in contact with her to meet my son however she has blocked... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 30, 2022

The best way for you to force the issue is to bring a paternity case against her. You would probably need to go to court in Georgia where the child lives. Step one would be to request a DNA test and then go from there. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for New York on
Q: Do I Get Married Again in New York State to change my last name?

We are married outside of the USA (Canada) without a name change, and I'm a dual citizen of Canada and the USA.

We would now like to marry and join last names in New York State where we both live, are we best off getting a new license and marrying in the clerks office?

Thanks!

Howard E. Knispel
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Howard E. Knispel
answered on Nov 30, 2022

No need to get married again. Your Canadian marriage is fine. If you want to change your name on social security or diver's license you can simply show your marriage license. Or you could file a name change petition in court.

1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: Is there a law in Texas regarding sleeping arrangements for biological children?

Specifically, children sleeping with adults. And is there a requirement for space for a child? Or is it ok for a mom, her “husband” (by title only, no actual marriage), her son (not the son of the “husband”), and their daughter to live in one room in another person’s house?

John Michael Frick
John Michael Frick
answered on Nov 30, 2022

It depends on the age of each occupant. Texas law limits occupancy to three adults per bedroom. A landlord can impose a more restrictive rule, for example limiting occupancy to two adults per bedroom.

If the children are minors, however, federal law prohibits housing discrimination...
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1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Kentucky on
Q: If DVO domestic violence order has expired or was dismissed is your firearms rights restored in the state of Kentucky?
Timothy Denison
Timothy Denison
answered on Nov 29, 2022

Yes, presuming there are no other prohibitions on your right to possess a weapon.

2 Answers | Asked in Family Law for Georgia on
Q: In the state of Georgia, if you have children out of wedlock but then get married does that render the father legitimate
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Nov 29, 2022

Marriage between the parents renders the children legitimate and establishes the father's relationship to the children.

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2 Answers | Asked in Family Law for Ohio on
Q: Please help my son is a minor can grandma take him temporarily without minor appt of guardianship ordeal ?

First and more most I am the biological mother residing in Calif. My mother moved to ohio.My minor son age 10 likes playing "only child" SOMETIMES .. anyway I'm in a bind .I was sent paperwork for hearing for minor appt of guardian. I don't like the terms it's. Bit too much... Read more »

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

It sounds like you are already pretty far down the rabbit hole here. While kids stay with relatives all the time, there is some relevant information missing here needed to answer your questions. First, where is the child? How long has he been living there? Second, is CPS involved? Third, if not,... Read more »

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1 Answer | Asked in Family Law for Ohio on
Q: Can my mom put a restraining order on someone against me when I’m a 20 year old adult?
Matthew Williams
Matthew Williams
answered on Nov 29, 2022

No, only the court can "put a restraining order on someone." But your mom may be able to convince a court to do so.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: divorced couple property in TIC/JTWROS can 1 person tell the other who can live there or not

divorce states husband to pay mortgage and the home is wife's primary residence ex husband is now demanding wife and sister in law to pay portion of mortgage and if not they both need to leave.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

Without reading the divorce decree, it's difficult to say but in general, if the Court granted the Wife the exclusive use of the house and ordered the husband to pay the mortgage, then he has no standing to demand that anyone do anything. It may not be a bad idea for the Wife to engage the... Read more »

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My 14yr old son wants to live with me and has asked I undertake steps to initiate a change of residency. Hire an atty?

His mother is not a bad person but he is and has been for some time expressed depression which has recently grown into a feeling of what I can only describe as hopelessness with his current living arrangement. Most of this stems, unfairly as it may be, from his stepfather and the rules by which he... Read more »

Timothy Denison
Timothy Denison
answered on Nov 29, 2022

You need to hire an attorney, file a motion to modify residential custody and attach a report from his therapist (or get him in to see a therapist if he doesn’t have one.

3 Answers | Asked in Family Law for Texas on
Q: I am preparing a TODD and my deceased husband's former wife's name is still on the deed. I am asked to sign name on deed

The instructions say to sign name exactly as appears on deed. My husband and his wife were divorced many years ago and he got the house; he left the house to me, but the only proof that it was his is the divorce papers. How should I sign the TODD?

John Michael Frick
John Michael Frick
answered on Nov 29, 2022

Exactly as YOUR name appears on the deed.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Do I have to supply all documents for mandatory disclosure for a modification of parenting plan with no child support

I’m not asking to modify child support just circumstances have changed with my parenting plan and I can’t come to an agreement with the mother of my son.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 28, 2022

You can make an argument that if there are no financial issues then the mandatory disclosure for a modification are not necessary. However, if any of the requested modifications change the overnights, which in turn can change child support, then they may be required. If necessary, the focus will be... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Military Law for South Carolina on
Q: In SC I am a military member, my spouse is smoking pot illegally and harassing me with it because he knows I can't smoke

By harassing me i mean he smokes it obnoxiously in my face and continues to follow me around with it. I feel like he is trying to sabotage my health and career, and I feel unsafe around him. We are divorcing. The house is mine. He is forcing me out. He pays nothing on the house and is now trying to... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Nov 28, 2022

There are not enough details here to provide you with specific information about your rights. The best course of action is to consult with an experienced South Carolina divorce lawyer.

1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: I was seeking custody of granddaughter, paternal grandparents adopted her and my lawyer was not informed of this. In PA

Shouldn't my lawyer have been told about the adoption process and adoption?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 28, 2022

This is one of those questions that require too much decoding to properly answer. We do not know any of the procedural history of either the paternal grandparents or the maternal grandparents to opine on what one's lawyer should have known or not.

Ideally, the lawyer should have...
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1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: I’m appearing in a court hearing on a temporary PFA. If it’s quashed, can one spouse flee with the kid instead ?

My spouse brought a PFA case on me . We are under a temporary separation order. In the hearing we are all expecting the judge to quash the temp and allow us to live together in marital home.

After that, can one spouse refuse to live there and while leaving take the kid along with?... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 28, 2022

There is not enough factual information here. What was the misconduct alleged to have brought about the PFA and what if any proceedings are currently taking place? Assuming the worst allegations, no PFA will be denied and the parent with the child can make an attempt to abscond with the child. Most... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Does my written answer to a petition need to be notarized before submitting it to the clerk of courts

The petition was filed in broward county and I live with my child here in Polk County. I'm trying to submit my answer and relocate the case and not really sure how to go about it. I've been trying lawyers for a consultation with no luck and am running out of time to put in my submission.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 28, 2022

You need to answer the petition in Broward county. You can also file a motion to transfer jurisdiction to where you live. Look for a family lawyer with a free consultation. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Do I have to file my written response in the county the petition was filed or can I file it with supplemental petition

I want to file a supplemental petition to move the case to the county where I live with my daughter but I have to write a response to the petition filed by her dad in a different county. I don't have transportation to the other county to file in their clerk of courts. Even if I file a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 28, 2022

You can file it online, using Florida's E0filing Portal:

https://www.myflcourtaccess.com/Common/UIPages/NotLoggedIn.aspx

Or, obviously, you could probably mail it to the clerk of court in the county where the father filed his petition.

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1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on
Q: my mother passed away an she has two brothers and my grandmother passed away would we get our mothers share of the Will
Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 28, 2022

If your mother had a will, then it largely depends on the wording in your mother's will as to what she says would happen to your mother's portion should your mother (or any child) pre-decease her. I recommend taking a copy of the will to a probate/succession attorney in your area and... Read more »

2 Answers | Asked in Probate, Divorce and Family Law for Florida on
Q: What papers do I file for alimony in Florida with the case in Massachusetts. ?

My ex husband owes me court ordered alimony has not paid me in almost 4 yrs he moved to Florida a yr ago built a million dollar home . I have served him a few time never showed up for court the judge has him in contempt here in Massachusetts. I don’t know what I need to do to start a Florida case... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

You would need to hire a family law lawyer here in Florida. He would need to domesticate the foreign Massachusetts Alimony order here in Florida. Once that transfer is made, you can then enforce that via discovery and contempt if need be.

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