Lawyers, Answer Questions  & Get Points Log In
Family Law Questions & Answers
1 Answer | Asked in Family Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: How can I get receipts

MOM has Alzhiemers. Sister and her Daughter are ones that take care of her.They tell us what they want us to know. They don't show any receipts, paperwork or proof of what they claim they do. Nothing is discussed with our Sister or Myself before Sister makes Decisions. Such things as... Read more »

Mark Oakley
Mark Oakley answered on May 21, 2022

Any Maryland lawyer can answer your question. If you are looking to hire a lawyer from Baltimore, that is a different issue. The first question any lawyer would have for you is, does anyone (e.g., your sister) have a power of attorney executed by your mother appointing them as your mother's... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Mississippi on
Q: Grandmother has full custody of 8 week old baby. Both parents in prison. Grandmother wants to sign baby over to someone.

Grandmother is already taking care of 5 children & can’t take care of an infant. She wants to find a good family to give full custody to. Can she do this without parents signing anything also? G’mother is in Louisiana and new family would possibly be in MS

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on May 21, 2022

Because the child is a resident of Louisiana, Louisiana statues would govern; therefore, you should contact an attorney licensed in that state.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: If a custodial parent files papers for the non-custodial parent to sign over their parental rights on the grounds of

abandonment in the state of MS, and the non-custodial parent is willing to sign them, but the children aren’t being adopted by someone else, will the non-custodial parent still be required to pay child support after they have relinquished their legal rights?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on May 21, 2022

No. Once the parental relationship is terminated, all obligations cease. The exception is that if the non-custodial parent had accrued a child support arrearage prior to the termination and a contempt action was brought to recover those funds, the arrearage is still owed.

1 Answer | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: Can my husband's sister contest a wife's rights to everything? Do I still need a will?
Trent Harris
Trent Harris answered on May 20, 2022

By "a wife's rights to everything", I'm assuming you mean the surviving spouse's right to a share of an intestate estate. Generally speaking, if the husband dies leaving a probate estate and leaves a surviving spouse, the surviving spouse is entitled to the first $240,000... Read more »

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Does a DANCO order supersede a divorce decree when it comes to transfer of children.

For example. Mother had protection order from the Father. In the divorce decree they agree to a mutual transfer of the children in a public place. Before the divorce decree was final the Father was facing charges of violation of the protection order and the Judge put a DANCO on him pending... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on May 20, 2022

The DANCO would control any contact that father would be able to have with mother. Father will have to continue having a third party handle the pick up and drop off of the children.

View More Answers

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: Does a DANCO order supersede a divorce decree when it comes to transfer of children.

For example. Mother had protection order from the Father. In the divorce decree they agree to a mutual transfer of the children in a public place. Before the divorce decree was final the Father was facing charges of violation of the protection order and the Judge put a DANCO on him pending... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on May 20, 2022

Basically, yes. Typically the DANCO would be both more specific and more recent. If there is a conflict between a family court order and a DANCO, it would be a good idea to either follow the more restrictive of the two, presumably the DANCO; or and until bring a motion before the judge in the... Read more »

View More Answers

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My parents are divorced and have dual custody over me, can I ask my dad if I could stay with my mom on certain days?

So I’m 16 years old and my parents are divorced with dual custody over me. I stay with my mom one week and same thing goes with my dad. I got hired at a place in my mom’s town, and since my dad lives 45 minutes away from there, I can imagine it’d cause some difficulties for him since I... Read more »

Mr Eric Klein
Mr Eric Klein answered on May 20, 2022

I’m sorry to hear that you’ve been put in this position by the unfortunate circumstances of divorce. To answer your question, if you ask your dad permission to stay with your mom, he does have control over you as to where you will be staying during his court ordered time. If he says no, the... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: Are children entitled to anything after a parent dies, but leaves a spouse?

My father died without a WILL and his wife asked me and 5 other siblings to just sign a document that would release any assets that he may have had. She indicated that the document didn't have anything to do with us. When we asked to see what items we were waiving, she said that it didn't... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on May 20, 2022

Children of a decedent, who are not children of the surviving spouse, share 2/3rds of the intestate decedent's estate with the surviving spouse, who is entitled to 1/3 of the estate. There are also various statutory allowances and exemptions available to a surviving spouse and to any minor... Read more »

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: If there is unclaimed death benefits from my grandparents who died 28 years ago is it hard to claim

I am the only child of their only child and they have no siblings left alive. My father who was their only child died 20 years ago. They had no will.

Mark Scoblionko
Mark Scoblionko answered on May 19, 2022

Your question is not specific enough to answer. What are “death benefits?” Is this life insurance, real estate, etc.?

As a general proposition, a portion of estate assets would ordinarily go from one grandparent to the other and a portion would have gone to your dad, unless your...
Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: I got a girl pregnant and since I don’t want to be with her she is taking military orders to Japan.

We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.

Rand Scott Lieber
Rand Scott Lieber answered on May 19, 2022

In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Civil Litigation, Criminal Law and Family Law for New York on
Q: Is it illegal for someone to use their job to find out your personal and sensitive information about an individual ?

This person works for social services and printed out my application for assistance (with all personal info on it including ss#) and gave it to her sister to use in court ordered mediation for divorce. The employees name (the suspect) was on the top of the page as logged in user at the agency. And... Read more »

Racquel A. Cousins
Racquel A. Cousins answered on May 19, 2022

Yes, you should definitely speak with an attorney. Your situation sounds complicated and you would need to give all the facts to an attorney, who can represent you. It sounds like there is way more going on here than you can type in the "Ask a Lawyer" section. However, to answer your... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can we create a parent plan without going to court in Florida?

Mother lives in Fla, father lives in Ga

Rand Scott Lieber
Rand Scott Lieber answered on May 19, 2022

In general, jurisdiction of the court lies where either parent or the child lives. If you are in agreement then you can enter into a parenting plan without court intervention or involvement. I am assuming that the parents are not married so legally this would be a paternity matter. The issue that... Read more »

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, I’m currently still represented by an attorney (technically, as the hearing for attorney withdrawal is scheduled for

next week). We had a mediation back in February where the mediator amended the Parental Plan and Marital Settlement Agreement but we ran out of time and didn’t get a chance to sign.

I’ve requested the amended documents from the mediator but he said he doesn’t keep them and that I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 18, 2022

1. It is not humanly possible for me or any other Florida lawyer to tell you why your counsel of record does not respond during his pending motion to withdraw.

2. However, since you recently went through a divorce you must have noticed that your ex did not respond to you during the...
Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Do I need a family lawyer in order to gainful parental rights?

I have a 10-year-old and a 6-year-old son. Their father has been absent for 6 years, he was an addict, in and out of rehab and jail, and suffers from mental health. Their father was incarcerated for a year and released in December 2021 and is currently living in a sober living house. I have my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on May 18, 2022

It's not clear what you mean by "obtain full rights". Has a conflict arisen regarding your rights? Is someone challenging your rights? Is the other parent seeking custody of visitation orders? It's not clear what you are trying to accomplish.

2 Answers | Asked in Family Law for Ohio on
Q: I live in Oregon and my children live in Ohio with their father. I have the kids during the summer and holidays. Today

A detective called me and said my ex husband is under investigation. I need to file for emergency custody, but I'm not sure how to.

Joseph Jaap
Joseph Jaap answered on May 18, 2022

What you do depends on if you are currently married to the father, never married to him, or divorced with a court-ordered parenting plan currently in effect. Use the Find a Lawyer tab to contact a family law attorney in the county where the children reside review the situation and advise you of... Read more »

View More Answers

1 Answer | Asked in Family Law for Colorado on
Q: How are protection orders monitored? Are they watching my home, tracking my location, or watching camera footage?

How are protection orders actively monitored. Am I being tracked in any way?

Christopher N. Little
Christopher N. Little answered on May 18, 2022

Good afternoon,

These types of orders are largely passively monitored by the protected party. However, that does not prevent the protected party from hiring a private eye or investigator to monitor another person's activities. I highly suggest that you comply with the Order regardless...
Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Grandparent visitation. I’m the mother the paternal grandmother is requesting a schedule that is unrealistic.
Joseph Jaap
Joseph Jaap answered on May 18, 2022

If you can't resolve it with her to find a mutually agreeable schedule, then attend the hearing and present your plan to the judge. Use the Find a Lawyer tab to retain a local family law attorney to assist you.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can I get the judge to void his ex parte order based on info I have jurisdiction was relinquished

I have court at 9 am for rule to show cause. My ex filed for emergency ex parte order and was granted it. The judge who granted it relinquished jurisdiction of any further proceeding to another parish it is stated in judgment we was given in December so how can he grant her the exparte order she... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2022

You need a custody lawyer to file an Exception.

1 Answer | Asked in Family Law for Arizona on
Q: Do two minors automatically become adults by law, if married at court with parental consent?

I’m 17 and my girlfriend is 16, we have parental consent for getting married, we are just wondering if we legally become Adults when married, also she is pregnant.

Mike Branum
Mike Branum answered on May 17, 2022

No, two minors who are married with parental permission are not automatically emancipated. A minor over the age of 16 can petition the courts to be emancipated, but they must show that they are capable of living independently from their parents. Your girlfriend will be able to make healthcare... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I get custody as a father if the mother was arrested for domestic violence?

The mother and I have a verbal time sharing agreement nothing through the courts. We were never married. The mother was recently arrested for domestic abuse against myself. The baby is in my custody. The mother has a no contact order with me. Can I get custody of the child?

Rand Scott Lieber
Rand Scott Lieber answered on May 17, 2022

You need to go to court on a paternity case to solidify your legal rights as the father. You have custody by default at this point but that could change unless you go to court on your own behalf. Speak with a local family lawyer for more specific advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.