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Family Law Questions & Answers
1 Answer | Asked in Family Law and Criminal Law for Georgia on
Q: Can a defendant’s testimony be null and void if the defendant is under guardianship due to actions before court

I recently testified in court for a restraining order on late July and got the order extended due to admitting guilt. The guardianship was recommended by the police to my mother on early May due to many encounters with them. My parents are now planning to file guardianship over me and my question... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 29, 2021

There are too many moving parts to your question which prevents us from providing a satisfactory response for you. It sounds like you will need to speak with a criminal defense attorney or just wait and see what your situation is after the guardianship question has been decided.

3 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I have full physical custody & 50% legal in California I moved to Arizona 2 yrs ago can I open a case in az?

1 child moved here already mom won’t allow second child to move

Randi Sirlin
Randi Sirlin answered on Jul 28, 2021

You may be able to do so. You would need to "domesticate the judgment." I recommend you contact an experienced family law attorney to discuss the matter further.

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1 Answer | Asked in Family Law for Louisiana on
Q: What are parents rights if your child is turning 18 & still in high school?

The boyfriend is very controlling, is a known person that sells & uses illegal drugs. My daughter keeps seeking out to see him and I've caught him in my house without my permission. My daughter is starting 12th grade & will turn 18 in November. She is threatening to leave when she... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2021

On her 18th birthday she has every right to ruin her life unless you think she is incompetent.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 28, 2021

In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Is it ethical for a lawyer to take you on as a client knowing they have an impending suspension coming.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 28, 2021

Rather than opine on a situation I know nothing about, I will just say that--as a licensed Florida lawyer (43+ years) who wants to remain licensed to practice law in Florida--I would not accept any new client without first informing the client of the status of any such unresolved disciplinary... Read more »

1 Answer | Asked in Family Law for Kentucky on
Q: If I have a DVO against me and it contains false information, is it still legal
Timothy Denison
Timothy Denison answered on Jul 28, 2021

If the court made the determination, it is still legal, yes.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I left several messages and emails over 2months but my attorney hasn't contacted me. I need help. What do I do?

Her office stated they would inform her of my issues. That was a week ago.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 28, 2021

I think you already know what you have to do. Terminate her representation . You have the absolute right to do so and to receive a refund of any unused retainer fee that you paid.

Divorce is tough enough, you don't deserve any problems from the one who is supposed to be trying to...
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1 Answer | Asked in Family Law for Kentucky on
Q: This is a long question it will not fit I had to go down to the more information box.

Nbm

Timothy Denison
Timothy Denison answered on Jul 28, 2021

If your aunt snd uncle (or actual current custodians) agree to it then it should be no problem.

1 Answer | Asked in Family Law for Florida on
Q: If I don’t have a job right now and have been applying every day and can’t afford child support what do I do?

I paid a lumpsome payment to avoid my license getting suspended and the child support contact said it posted late and tore up our agreement we had without telling me weeks later.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2021

It's not clear what you are trying to say, but if an agreement is torn up that doesn't necessarily void the agreement.

1 Answer | Asked in Family Law for Tennessee on
Q: I was told I need a parentage custody order to amend my daughter's birth certificate & put her real father on it. How?

The man who I thought was my child's father ended up not being her father after an home DNA test was conducted. We had her name changed right away to her biological dad's last name but we thought his name would automatically go on her birth certificate and it did not... the man who I... Read more »

Denania Galloway
Denania Galloway answered on Jul 27, 2021

I would need to know how to you change the name and on what documents.

Generally, you would need to get a order from a juvenile court Judge to establish the bio dad as the legal dad and request the judge to change your child's name. Once you get that, you will be able to change birth...
Read more »

1 Answer | Asked in Family Law for Georgia on
Q: After you file a answer and counter claim in civil court is there a timeline for when a hearing is supposed to be like

Within so many days?

Kedra M Gotel
Kedra M Gotel answered on Jul 27, 2021

It depends. You should consult the court where you filed the response to determine how soon the matter can be heard. Some jurisdictions can get the parties before the presiding judge or judicial officer soon than later. Every venue is different. The Uniform Superior Court Rules provide the... Read more »

1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for New York on
Q: Girlfriend left me. Left her teen behind. No guardian.I have no income. Teen's Dad long gone. CPS won't return calls.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2021

You need to call the CPS hotline in Albany and make a report of a teen with no parents and no support. They have to send someone out within 48 hours to check on the situation and make a determination.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can the respondent take me back to court after everything?

I was present at hearing they were not they didn’t file either but was present at mediation where judge told us date and time of hearing. Respondent claims they never received any emails or letters about our case and it’s also listed on the court website. Now respondent wants to take me back to... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 27, 2021

The Respondent has the right to ask the Court to excuse their absence or set aside the orders. Respondent will also have a chance to appeal. Though not impossible for the Respondent to win, they are very difficult to win.

Once the Court issues the orders, the orders cannot be modified for...
Read more »

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My child's father has not been seen since I was 2 months pregnant.

He contacted me via text while I was pregnant, but never asked me about the baby. I always kept lines of communication open and told him he could ask at any time. My child is almost 1 now, he has not tried to make any contact. I changed my number (new phone) but he knows where I live. I have not... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Jul 27, 2021

It sounds like the first thing that he would have to do is file a claim with the court requesting to establish paternity. Assuming he is the father and paternity is established he would then need to request sole or joint custody, or request that he be given visitation rights.

The key...
Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Do my boyfriend and I (not married), who live in Ohio, have joint custody of our son who was born in another state?

I lived in Louisiana when my son was born. I was not married. My boyfriend and I filled out paternity paperwork and he is on the birth certificate. We now live in Ohio. Do we have joint custody or do I have sole custody?

Matthew Williams
Matthew Williams answered on Jul 27, 2021

While a lawyer would have to look at the laws of the various jurisdictions involved, it is very likely you have joint custody at this point. The whole point of filing out paperwork acknowledging paternity and getting yourself named the father on the birth certificate is to establish that... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: My son is 15 years old and i have a few questions i need some help with

My son is 15, my ex and i split up when he was 7 and he was spending time between the 2 of us, then one day he tells me if i want to see him again, to take him to court. I never did because my family advised against it, so i haven't seen him in years. Now, he got arrested in Utah and my ex... Read more »

Mike Branum
Mike Branum answered on Jul 27, 2021

So many questions. Were you married? Is the ex on the birth certificate? Was there EVER a custody order entered by any court? How long ago was "one day"? Have you remained in communication with your 15 year old? Does he WANT to live with grandma or with you in Utah? Does grandma have a... Read more »

1 Answer | Asked in Civil Rights, Family Law and Juvenile Law for Kentucky on
Q: Can the police department and social services come to my house and question my 16 year old daughter

her friend ran away from foster care and they think she knows where she went. Even threatened to get me arrested if she didn't tell. Lil upset about this

Timothy Denison
Timothy Denison answered on Jul 27, 2021

They should not without an adult guardian present, no.

1 Answer | Asked in Family Law for Indiana on
Q: Just found out old girlfriend had a child which may or may not be mine. She refuses to get paternity test with me.

What are my options? Do I lose custody rights after 60 days if I wait for a test.

Troy Tyson
Troy Tyson answered on Jul 27, 2021

You can file a petition for paternity, and ask the court to order a DNA test. You should consider speaking with an experienced family law attorney to guide you through this process.

1 Answer | Asked in Child Support, Domestic Violence and Family Law for California on
Q: Child support and threats to harm if I go through court.

Was in an abusive relation for 22 years. August 2018, finally left. Agreed on $200 wk child support (even though he makes a lot of $ & I was stay @home mom.) By Sept, I hadn’t received anything from him. Filed paperwork through court. He found out & freaked out. He sent text msgs saying... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 26, 2021

you need a lawyer...............NOW.

preserve the messages, so you can present them to the court.

you want the court to make an order.

Most of us on the DV or Criminal section do not do family law.

I would encourage you to get a local lawyer or contact Legal Aid etc.

1 Answer | Asked in Family Law for Arizona on
Q: Can a court order a drug test for opiates and test for other drugs too?

Family court

Stephen M Vincent
Stephen M Vincent answered on Jul 26, 2021

Yes.

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