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Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Probate for Texas on
Q: Should I get married or make a will?

I am 36(f) with two children under the age of 18. My assets are worth about 700k. My kids father and I do not have any sort of relationship. If something happens to me before my kids turn 18 my ex there father will have access to everything. My question is this: to avoid my ex getting his hands on... Read more »

Isaac Shutt
Isaac Shutt
answered on Mar 26, 2023

Yes, you should definitely get a will and NO you should definitely not get married for the reasons you mention. You should get an attorney prepared by an experienced estate planning attorney. Yes, it will cost a bit of money. However, those it would be SO worth it to have a Will done by a really... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: I would like to appeal CPS decision of terminating my rights as a parent.
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 26, 2023

If you are a parent in California and your rights have been terminated by Child Protective Services (CPS), you may have the right to appeal the decision. The appeals process in California is governed by state law and can be complex, so it's important to understand your rights and legal... Read more »

3 Answers | Asked in Arbitration / Mediation Law, Estate Planning and Family Law for California on
Q: Father didn't share the details of his Advanced Healthcare Directive with family, appointed agent. Can we get a copy?

My father passed away three weeks ago. He had utilized an Advanced Healthcare Directive and had appointed an agent, who was a close friend. He didn't share the details of the directive with (immediate) family, and the agent refuses to share the contents of it. My father has already been... Read more »

Sally Bergman
Sally Bergman
answered on Mar 26, 2023

My condolences for the loss of your father.

California Health and Safety Code section 7100 specifically states: "The right to control the disposition of the remains of a deceased person, the location and conditions of interment, and arrangements for funeral goods and services to be...
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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My ex filed a continuation of cs in New Jersey. Staying my daughter is in college. I was told she isn’t going to college

My ex filed a continuation of cs in New Jersey. Stating my daughter is in college. I was told she isn’t going to college anymore. Will she have to provide documents every semester for proof to the cs services or is it a one time deal and she is using the documents before my child quit.

Leonard R. Boyer
Leonard R. Boyer PRO label
answered on Mar 26, 2023

You can bring a motion to have your child declared emancipated and your ex-wife would have to prove that your daughter is in fact in college. Children at that age frequently change their minds about going to college or not. As to the rest of your question, there is no standard answer. With modern... Read more »

1 Answer | Asked in Criminal Law, Family Law, Animal / Dog Law and Domestic Violence for New York on
Q: I have an order of protection against my ex is NY state. He lied to the SPCA and said I wasn’t taking care of my horses

They came, they said everything was great A++ keep doing what I’m doing. Is this considering harassment by him? Or breaking the order of protection? Yesterday he was stalking me on Reddit and commenting on a post I made abojt dogs. I did report that ti family court.

Victor M. Feraru
Victor M. Feraru
answered on Mar 25, 2023

Why don't you have counsel for this? There are zero reasons you should be handling this matter on your own. Depending on how the family court takes it, this may be considered contact. However, for the most part, you should be documenting this, and when you have substantial proof, call the... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My partner's ex wife breaks the parenting plan only when it is "convenient" for her. Does this null and void the plan.

The father of the child agreed to terms for fear of losing his child. 5 years later, the mother of the child does not enforce the parenting plan, and encourages the plan to be broken ESPECIALLY when it is in her benefit.

EX: Father is to have supervised visits. The mother of the child,... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Mar 25, 2023

A parent's failure to comply does not void the court order. Either party can move to enforce the order with the court. Unless Mother has sole decision making, Father should have direct access to medical and educational records.

3 Answers | Asked in Domestic Violence, Family Law, Divorce and Child Custody for California on
Q: I have been served with a Temporary Restraining Order (DV-110 and DV-140) from my wife.

The hearing is scheduled for April 3 (Monday). I am currently filling out the DV-120 and DV-125 forms. We both reside in Los Angeles county, and I plan to have my professional server mail her the forms via Priority Mail with one day delivery. Can you please let me know what the deadline is to mail... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Mar 25, 2023

You must file your response as soon as you can before the hearing. If the service of process is not complete at least 2 court days before the hearing, your wife can ask for a continuance. If you fail to serve your written answer on time, the judge will allow you to present your defense at the... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Civil Rights on
Q: Hello, I'm in danger in Africa as an American citizen, my passport was taken from me. What should I do ?

Is it possible to get any government help from my country, my life is threatened.

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 25, 2023

If you’re already a US citizen and not in the US, you can’t ask for asylum. Go to the closest US embassy and ask for urgent assistance for American citizens. Have them help you report to the police and other authorities. Above all, make sure your personal safety comes first before you do anything.

1 Answer | Asked in Family Law and Collections for California on
Q: Is a court order that says X owes Y $$$K the same thing as a judgment or do I need to turn Order into a Judgment?

California Family Law Court Order states Ex-husband has to pay Ex-wife $$$$ amount. Is this order a "judgment" or is there an additional step necessary to obtain a 'judgment' based on the court order? Note that ex-husband is a Florida Resident so the judgment will need to be... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 24, 2023

In California, a court order that requires one party to pay money to another party is not automatically a judgment. Instead, the court order is a legal obligation to pay the specified amount of money, but it does not create a lien on the debtor's property or other legal enforcement mechanisms.... Read more »

1 Answer | Asked in Family Law for California on
Q: Does a POA or private funeral mean the cemetery can't ever release my stepmom's grave location to me?

I told them that the funeral has passed, it was 3/18 and I am not asking to go. I am asking for her grave location, so I may visit and take my father to have closure on his wife's passing. My stepsister blocked us from the funeral and then told everyone that my dad did not want to come- we... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 24, 2023

A power of attorney (POA) typically gives the person appointed the authority to make decisions and act on behalf of the person granting the power of attorney. However, a POA does not necessarily restrict access to information, such as the location of a loved one's grave.

Private...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oklahoma on
Q: My dad has dementia since 2020, I was poa. My daughter had him sign new poa in 2021not revoking mine, is this valid?

The new poa does not include clause to revoke previous poa. Will the new poa be valid? I was not notified and only found out when I contacted bank to do draft for his electric bill and was told by bank there was new poa.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 24, 2023

That is a de facto revocation of your POA... If you think Father is incompetent, and being taken advantage of, you might hire an OK attorney to start a Conservatorship.

2 Answers | Asked in Family Law for Texas on
Q: If my childs father owes over $10k in child support and finally decides to file taxes and claims 2 children one is mine

One isn't will the irs refund all go to me or will he get some back due to him claiming another child that isnt mine. Best part is he wants me to give him back money even though he would get the credit as if he paid it .

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Mar 24, 2023

Any federal income tax return that Father is to receive will be offset against any child support arrears that are owed by Father.

In your situation, it doesn't matter that Father is claiming a child that is not yours on his taxes. If he is to receive a refund, the entire refund will...
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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I have endured extensive DV from my husband. I don't know what I'm entitled to under the DV laws.

There have been multiple incidents of physical, emotional, & financial abuse over the past few years. My divorce lawyer is already filing a Tevis claim. Unfortunately, husband has a knack for making the police believe it was my fault. I've been arrested 3 times and spent 2 days, 18 hours... Read more »

Leonard R. Boyer
Leonard R. Boyer PRO label
answered on Mar 24, 2023

Since you are represented by counsel, you need to direct all your questions to your attorney. It is not appropriate for any of us to answer when you are represented by counsel. Good luck.

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: Will I be contacted by the Prosecutor to discuss being a witness in an assault charge I filed against my husband?

My husband is the defendant and now I've been told, I would be a witness in this case. Will the prosecutor's office contact me to go over my testimony or should I contact them?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 24, 2023

Generally the prosecutor will contact you, but lots of time they don't contact you until the day of court. They don't really go over you testimony with you, but do ask some questions if they are interested in pursing the case. For that you may want your own private lawyer.

2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: If I'm the plaintiff in a Domestic Violence case (simple assault charges,) should I get a lawyer to represent me?

My husband and I have cross-TROs against each other for an incident that occurred on Feb. 17. We now have cross-simple assault charges as well. I have a lawyer for the TRO and simple assault charge where I'm the defendant. Should I secure counsel for the simple assault case where I am the... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Mar 24, 2023

On the simple assault case that is a criminal matter against your husband, you are not the plaintiff. Criminal matters are between the State and defendants, so the matter should be entitled: The State of New Jersey v. Your Husband. Those matters are prosecuted by state prosecutors. You will be a... Read more »

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1 Answer | Asked in Consumer Law, Family Law, Personal Injury and Workers' Compensation on
Q: How is your company different today than it was 5 years ago?

He is passionate about work culture, community building, and making great things happen for other people.

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2023

Part of your question may have gotten left off. If you're posting for a response on region-specific law, it could be helpful to include a state or territory. Good luck

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need help on how to get my kids back when I go to court it gets pushed back and not it’s closed
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

To get your kids back, you should hire a board-certified family lawyer in or near the county where the court is located.

If CPS is in any way involved in your case, you need to find out how much experience the lawyer has had with CPS cases in the recent past, as many family lawyers do not...
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1 Answer | Asked in Family Law, Real Estate Law and Civil Rights for Washington on
Q: My daughter and I own home 50/50 it's paid off. She just moved back in, away for 15 yrs.Can she remove all my things?

No notice. I've lived here 30 yrs. She thinks that violating me is her rite. The house needs to be cleaned but we can do it together.What are the laws with sailing a home wear a mentally disabled person has lived their whole life. Does that person have any rights?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 24, 2023

You may want to file an Action for a Sale For Partition.

2 Answers | Asked in Family Law for Georgia on
Q: Is it possible to have a second mediation after reaching and signing a mediation agreement?

Important issues were left out during mediation.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Mar 24, 2023

It may be, depending on how unclear the agreement is. The other side may think the agreement is fine as is.

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