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Family Law Questions & Answers
2 Answers | Asked in Criminal Law and Family Law for California on
Q: In california, why would my lawyer want me to get a physical exam for?

My friend is being charged with attempted murder even though he did not try to kill anyone. His lawyer is requesting that he gets a physical exam done. This case started a year ago. I’m unsure what the reason for getting this done because he is waiting for sentencing in a couple days

Dale S. Gribow
Dale S. Gribow answered on Sep 25, 2021

much more info is needed.

However, if I was a betting man I would guess it has to do with Mental Capacity.

the lawyer is probably thinking of Diminished Capacity Defense or something along those lines.

ie, he lacked the intent to do what he is alleged to have done????

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1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Why can my ex have his girlfriend & her kids with on my kids supervised visits with their dad when they don’t want them

From the start my kids have not wanted dads gf and kids with on their supervised visits, but he Dosent care or acknowledge their feelings/wants. Situations keep happening & things keep getting worse and he will not remove the problem for the sake of his kids. What else can I do for my kids?

Corwin Kruse
Corwin Kruse answered on Sep 25, 2021

It depends upon what restrictions are put in his parenting time in the divorce decree. If it doesn’t prohibit his GF and kids, he can bring them unless you bring a motion to modify and can demonstrate that a prohibition is in your kids’ best interests.

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Kentucky on
Q: Can my husband lock me out the day after I leave because he scared me so bad I fear for my life? I have 2 small kids

I have gave him 5000 cash towards 1000 to get my name on the deed. I bought paint flooring insulation paneling back splash and a new toilet plus did half the work fixing and installing everything

Timothy Denison
Timothy Denison answered on Sep 25, 2021

No. Legally he cannot but you will have to address the money issue through the divorce.

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1 Answer | Asked in Family Law for Ohio on
Q: My father died in April. I was never notified by his new wife. I am the only son. What should I do.

Father remarried after my mother passed. Items of mine and family members of my mother that she requested to be returned to her side of the family were never returned. I only learned of this death from a call of a debt collector trying to collect on something in my fathers name. Wife has never... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 24, 2021

It could be difficult or impossible for you find anything belonging to your father. His will might have left everything to his spouse. Use the Find a Lawyer tab to retain a local probate attorney to review all the facts and advise you of your options.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: We’re separated, house is titled in one name. Both parties clearly have a financial interest in the house.

We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K

Mike Branum
Mike Branum answered on Sep 24, 2021

You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... Read more »

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: If I had a marital settlement agreement in Florida is it possible to have custody modified in Va

Ex filed registration in VA and immediately turned into modification of custody and JD&R proceeded without proper jurisdiction. Is that possible?

James H. Wilson Jr.
James H. Wilson Jr. answered on Sep 24, 2021

A party to a court order may domesticate or register that order in Virginia if the Virginia court can exercise jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act. Notice of the proposed domestication or registration is served on the other party so he or she could contest... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: How long after a hearing can request a motion for a hearing on attorneys fees?
Michael D. Birchmore
Michael D. Birchmore answered on Sep 24, 2021

Ask your own lawyer who should have already requested them. You cannot get attorney fees awarded to you if you don't have an attorney.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I have a 4 year old daughter I gave temporary guardianship to my sister I went to probate court to terminate

I have a four year old daughter I gave temporary guardianship to my sister I went to probate court to terminate the guardianship due to my sister not letting me visit my daughter or let my daughter spend the night with me she don’t let me see my daughter at all…..I have a mental health... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 24, 2021

We won't be able provide a reliable response on the information (lack of) provided. However, I would say that it is certainly a good start!!

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for California on
Q: I lived in Sf. My roommate who live next room keep smoking indoor despite I ask him to go smoking outside 3 time.

We live in SF, Ca.

I became secondhand smoker.

It is irritating now and affect my health

Dale S. Gribow
Dale S. Gribow answered on Sep 24, 2021

this is not a typical PI question............

it is a question of you and your roommate having an understanding or one of you moving out and being responsible for the rent until a new roomie is found...

i would find the roomie BEFORE anyone moves out.........

who is the...
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1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a person who voluntarily terminated their parental rights be allowed to visit and/or interact with the children?

What are the rights of the other parent in these instances?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Sep 24, 2021

Whether or not the terminated person is allowed to visit with the child is totally up to the discretion of the parents. The terminated person has no legal standing to demand contact with the child.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I have military orders to move w/in 20 days. With joint custody. Can I take our children?

Moving to WA on 3yr orders. I allowed to bring my children. I have primary custody. NC has weekend visitation.

Spencer Williams
Spencer Williams answered on Sep 24, 2021

You should closely review and comply with the terms of your Judgment or Order that established your custody. Missouri has a relocation requirements and notice in every custody judgment and parenting plan. I suggest you review and strictly comply with the relocation notice requirements.

1 Answer | Asked in Family Law for Missouri on
Q: We have 3 kids, 10, 7, 4 years old, we are married, I haven't worked for 5 years to stay with kids.

We didn't really lived together for the last 5 years, he would visit, because he has a business abroad, and he would come and go every month or two weeks. Now we moved all together to Missouri, but he hasn't given me any money since May 2021, and I have been using my personal savings for... Read more »

Spencer Williams
Spencer Williams answered on Sep 24, 2021

If you have been in Missouri for at least 90 days, you can file a Petition for Dissolution or Legal Separation with the court and after your spouse is served with the Petition and accompanying documents then request temporary (also called Pendente Lite or PDL) Orders be entered regarding custody,... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: How do I pursue a modification of child support?
Regina Irene Edwards
Regina Irene Edwards answered on Sep 24, 2021

You can file a modification of child support in superior court.

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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: If I registered my boyfriend son in school and I cared for him for 3 months he only comes 2 days every week

Am wondering if he could take him away from me if he leaves for a week

Pete David Louden
Pete David Louden answered on Sep 23, 2021

It depends on if you are the biological or adoptive parent of the child. You would of course have rights to your own child. You would not have rights to someone else's child.

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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If I live in Kentucky but need to go to family court in Ohio do I hire a lawyer in ky or Ohio for my case?

I have a 9 year old sister that lives in Ohio. I’m 30. Our mother died in 2016. My step father, her bio father moved her to Ohio 3 years ago because we confronted him on neglect of her educational and medical needs not being met. He refuses to let any of our family see her or have any contact... Read more »

Timothy Denison
Timothy Denison answered on Sep 23, 2021

Ohio definitely.

1 Answer | Asked in Family Law and Civil Litigation for Mississippi on
Q: My son has someone else’s car parked on my property and I want it removed. Am I within my right to have it towed?
Hiten H Patel
Hiten H Patel answered on Sep 23, 2021

Yes. If you did not give permission to the owner to allow them to park the vehicle on property that you own.

1 Answer | Asked in Family Law for Florida on
Q: Can a judge force me to sell my house?

Can a judge force me to sell my house that I bought with the money I received from my husbands passing? I got remarried and paid for the house cash, my now husband has taken out the entire equity, to pay off his credit card debt. He agreed to pay it back, now he wants a divorce and has said the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 23, 2021

This is a complicated question with multiple steps. Step one is to determine what portion of the house (equity) is marital. You say that the deed lists you, your husband and your daughter. This could mean that you each have a 1/3 interest. It could mean that you and your husband have half and your... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: my wife has left our family, she is our sole provider, we have small children, what do i do,

i have police report of abandonment/child neglect, interview with children scheduled for next day or so,

Regina Irene Edwards
Regina Irene Edwards answered on Sep 23, 2021

Speak to an attorney about filing for divorce, custody, child support and alimony.

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Does dcf have to provide a warrant to take a child
Linda Liang
Linda Liang answered on Sep 23, 2021

I do not think so. A shelter hearing should be held within 24 hours where judge find the justification for the sheltering.

1 Answer | Asked in Adoption, Child Custody and Family Law for Puerto Rico on
Q: My sister passed away in Puerto Rico. I want to assume custody of my youngest nephew. His Dad has is not part of his lif

How can I get custody and how long does it take? My wife and I can take great care of him but we need to get back to FL in aprox 10 days.

Rafael Pagan
Rafael Pagan answered on Sep 22, 2021

Good afternoon. As a general rule, Puerto Rico courts procure that guardians of orphaned minors reside within the jurisdiction of the Commonwealth of Puerto Rico; unless no other alternative guardians are available to care for the minor. A custody case requires that close kin be present at the... Read more »

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