Family Law Questions & Answers

Q: I have been trying to serve the father for over a year, it is to allow me and the child to leave state.

1 Answer | Asked in Child Custody and Family Law for Texas on
Answered on Jan 23, 2019
Matthew Valley's answer
Depending on how he is dodging the process server, it may be possible to either get alternative service (e.g. posting the citation, petition and orders to his residence/work door) or service by publication (i.e. running a notice/citation in the newspaper). Your local law library might be of some assistance moving forward.

Q: What can I do to protect my daughter from husbands girlfriend who is on drugs

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Answered on Jan 23, 2019
Ellen Cronin Badeaux's answer
Print every thing you can find about the girl friends record. Next hire a private investigator to document that he is taking your child to visit her or that she is visiting him while he has your child. Then hire a custody attorney.

Q: How to Revoking POA and guardianship for my elderly parent, with complications due to doctors letter?

1 Answer | Asked in Family Law for Illinois on
Answered on Jan 23, 2019
James G. Ahlberg's answer
Make an appointment with an attorney in your area. Bring every scrap of paper (really, EVERY scrap of paper) you have dealing with this situation to the first appointment so he or she can get a full picture of the situation. If you have proof your sister is making bad financial decisions, bring it too.

Q: I'm 16, am I able to change my custody to my mom from my dad to switch schools & get out of a bad environment wout court

1 Answer | Asked in Divorce, Family Law, Child Custody and Education Law for Ohio on
Answered on Jan 23, 2019
Joseph Jaap's answer
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.

Q: Would I have to pay c/s to my ex if our children live with me? I work full time- pay for everything & he refuses to work

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Answered on Jan 23, 2019
Rahlita D. Thornton's answer
You need to review your order and that controls as to who is responsible for child support. If there is a modification by the other party and you have been served with it then you should get an attorney to fight the modification. It is possible for either party to be ordered to pay child support.

Q: NC Elective share-When served with an elective share petition from the surviving spouse, and you have no defense,

1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on
Answered on Jan 23, 2019
Charles Evan Lohr's answer
You do not have to respond if you believe you don't have any defense, however, there are often property valuation issues that come up in these types of cases. I'm glad to discuss if you'd like.

Thank you,

Evan Lohr

Attorney

(919)348-9211

evan@lohrnc.com

Q: Daughter is living w/my dads while I get back on my feet I pay him he wants to claim her tax

1 Answer | Asked in Tax Law, Family Law and Child Custody for Texas on
Answered on Jan 23, 2019
Rahlita D. Thornton's answer
Your answer can not be answered until the orders are reviewed to see what the details are as spelled out. In general the IRS rules govern tax exemptions but you may have agreed to follow other rules. Seek the counsel of an attorney and tax advisor on these issues.

Q: can I get a geological restriction lifted?

2 Answers | Asked in Family Law and Child Custody for Texas on
Answered on Jan 23, 2019
Victoria Collins' answer
Based on the information provided, you can modify the existing conservatorship, however, the children's father may contest this. Always best to consult a family law attorney one-on-one so they can look over the existing orders and assess your situation. Also be advised that in Texas, the parent who moves more than 100 miles from the other conservator must bear the cost of children's travel to visit in most cases.

Q: Can my kids father take child without any agreement. Never been to court he is only ordered to pay child support

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Answered on Jan 23, 2019
Ellen Cronin Badeaux's answer
You need to hire a custody attorney. It sounds like you have a hearing date coming up for ex parte custody

Q: Hello there. My question I want to ask is, how do I go about making a complaint against a visitation order?

1 Answer | Asked in Family Law for Ohio on
Answered on Jan 23, 2019
Joseph Jaap's answer
Are you paying child support? If not, and if you pursue this, you likely will have to start paying. You can file a motion with the court to have the mother held in contempt for not allowing the visitation. But you will have to locate her. If you cannot find her on your own, you can hire a private investigator.

Q: My 14 year old grandchild was abandoned 2 years ago by my ex daughter in law whom has custody of her.

2 Answers | Asked in Family Law and Child Custody for Texas on
Answered on Jan 23, 2019
Rahlita D. Thornton's answer
If this is the case then you can petition the courts for custodial rights.

Q: Permanent guardianship was given to my ex's aunt when she lost parental rights in Juvenile Ct/DFACS. Can I get my 16y/o?

3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Answered on Jan 22, 2019
Mr. Samuel E. Thomas' answer
You def have an argument. I would hire a lawyer and pursue this case.

Q: If CPS illegally took my child can you sue at any time before or after trial?

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Civil Rights for Oregon on
Answered on Jan 22, 2019
M. Nicole Clooten's answer
What was the basis of the action at the shelter hearing?

Q: How many days before a trial does my ex have to produce his witness and subpoena list

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
The judge typically provides those deadlines via court orders well in advance of the trial, e.g., at the pre-trial conference. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following...

Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help resources. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...

Q: If I were to hide my kids from Costco and the courts what would happen

1 Answer | Asked in Family Law for Texas on
Answered on Jan 22, 2019
Rahlita D. Thornton's answer
Why would you want to hide your kids from Costco? If there is an order in place it should be followed unless you get it modified by the courts. You risk jail time for failing to comply with orders.

Q: Specifically, if I've never reported his extensive abuse, it's not well documented, is it still important to bring up?

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Illinois on
Answered on Jan 22, 2019
Marilyn Johnson's answer
You absolutely should present to the court any and all incidents of abuse even if they have been previously unreported and undocumented. The court will then weigh the presented evidence and rule accordingly.

Q: Divorcio Bigamia infidelidad

1 Answer | Asked in Divorce, Family Law and Immigration Law on
Answered on Jan 22, 2019
Kelli Y Allen's answer
If possible, please re-post your question in English to have the best chance for a response.

Q: Parents divorcing. 4 year olds custody to be decided. Child regularly says he doesn't want to be with his mother.

1 Answer | Asked in Child Custody and Family Law for Virginia on
Answered on Jan 22, 2019
Daniel P Leavitt's answer
You are going to want to find a local family law lawyer in the jurisdiction where this is taking place and go with the best one. That may very well not be the lowest fee but it may not be the highest fee either. Any good family law lawyer will be able to guide him through the process.

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.