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Family Law Questions & Answers

1 Answer | Asked in Family Law and Child Support for Pennsylvania on

Q: I have a question. My soon to be ex filed for support for our 1 son and spousal support for her. She doesn’t work..

Will she be told to find a job. I have been giving money to her without a court order since we split in 2017. I am finally moving on and have my own expenses and finally found a new place to live after spending time with my parents. I also pay support for a child who is the states custody... Read more »

Kathryn Hilbush answered on May 26, 2019

It's really not possible to provide you with detailed answers because every case is different. I expect that she will likely receive both spousal and child support based solely on what you've said here. You really should sit down for a consultation with an experienced family law attorney to discuss... Read more »

1 Answer | Asked in Family Law and Adoption for Pennsylvania on

Q: My sons biological mom has not been in his life since he was 3 months old.

Can I petition the court to terminate her rights so my current wife can adopt him.

Kathryn Hilbush answered on May 26, 2019

In PA you can. Consult with an expereinced family law attorney in the county where you reside.

1 Answer | Asked in Criminal Law and Family Law for Oklahoma on

Q: 2 minors knowingly left with household with unreported child molester : who should be reported and to which agency(s)?

The Oklahoma non-custodial parent became aware his ex-wife left their two boys, 8 and 11, for a week with her sister, an RN, whose 18 y.o. son, a few years earlier, had been found to have sexually abused the minor children of a relative and a neighbor, also an RN. The families agreed not to... Read more »

Melissa Oxford answered on May 26, 2019

I recommend non-custodial parent discuss with an attorney to determine if there is a duty to report and in the event he wants to pursue a modification of child custody based on these circumstances.

1 Answer | Asked in Family Law, Child Custody and Constitutional Law for Georgia on

Q: What is considered as suitable housing for children.

I was told to obtain housing and be stable well i have its small but ive been here almost a year. And if suitable for a temporary solution until the kids are back with me and then i could and plan to move into a larger home. I just wanted to show stability. To courts.

Regina Irene Edwards answered on May 26, 2019

That answer depends on a variety of factors. How many children there are, their ages, if they have special needs, etc. The size is less important than cleanliness and a history of rent and bills being paid on time. But in general, all children should have a clean, safe bed to sleep in and the... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Oklahoma on

Q: My ex and I has never seen eye to eye since I was told by my 2 minor children step mom broke my daughters wrist and when

I showed great concern but also keeping a civil conversation out of concern for our children we have together. He just laughed and said I was making this stuff up in my head and I was dramatic and making something out of nothing. I didn’t think I was dramatic, I was emotional and crying for the... Read more »

Melissa Oxford answered on May 26, 2019

I recommend consulting a lawyer any time you believe your child may be suffering abuse when they are not in your care to determine your options and if you have any duty to report same.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Oklahoma on

Q: his wife is” mother on school records” I can’t even get infor nothing on them and I’m aloud visitation but being denied

I believe I should be on school paperwork. I have been denied any communication with my children for Two years they move every time I find them. I was told that dhs was investigating them after the broken wrist thing. I just need help on what my legal grounds are so I don’t end up in jail bc I... Read more »

Melissa Oxford answered on May 26, 2019

If you have an order allowing you visitation and the other party is refusing to comply with the terms of the order, you can file a motion to enforce the visitation order. There are other options, as well. I recommend you consult a family law attorney in the state/county where your divorce was... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Maryland on

Q: Can I move out of state with my 6 month old?

My daughter has been under my sole care until she was 4 months old, but due to an abusive situation at my parents, we had to move in with her father( the only other person we know in Maryland.) Me and my child's father were never married but he signed an Affidavit of Paternity after she was born.... Read more »

Mark Oakley answered on May 26, 2019

It’s a complicated question. With no court order in effect, either parent has legal authority to have physical custody and can move out of state. However, because this is the child’s home state of residence, Maryland courts have jurisdiction to hear a custody dispute under the Uniform Child... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on

Q: Can I legally leave my 5 and 8yr old home alone for a short period? (OH)

For 1 1/2 hrs or less? Are there specific guidelines or codes for what is exeptable? They know safety rules and have a phone.

Denise Rini Esq answered on May 25, 2019

There is no official age that children can be left alone, though it is my experience, depending on the jurisdiction, where the police will have the authority to determine if it rises to the level of child endangering. You may wish to err on the side of caution and not leave an 8-year old with a... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on

Q: Child abandoned by mother, should we worry about her coming back?

My boyfriend has had his daughter full time since she was born, he and his ex lived in an apartment in Nevada at the start and tried living life the "normal" way. Soon after (about 4 months after birth) the bio-mom started partying and not being responsible. She has a lengthy history of drug abuse... Read more »

Brent T. Geers answered on May 25, 2019

One question that needs to be addressed is why does your boyfriend's parents have guardianship. That aside, ex-girlfriend could not just show up and take the child. She could, of course, reenter the picture. But given the amount of time that's passed, and the other issues going on with her, I would... Read more »

2 Answers | Asked in Family Law and Child Custody for Louisiana on

Q: If a hearing officer's recommendation is appealed, does that mean that recommendation is in effect now?

Last year, my sons grandmother was given sole custody of my son with me having visitation. We went in front of a hearing officer last week, and she recommended joint custody with me being domiciliary parent. I appealed the recommendation due to me wanting sole custody and next court date is in... Read more »

Ellen Cronin Badeaux answered on May 25, 2019

A change in custody recommendation is not enforceable if it has been appealed. A change in visitation is enforceable if it has been appealed. Hire a custody lawyer.

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1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: How do I respond to a petition for cause? How do I defend my majority parent appointment?

I live 66 miles from my previous address in Sangamon county. I didn't file a petition with the county clerks because the father and I had a verbal agreement. He and I have been maintaining out parenting agreement and getting along really well for over 12 months now, with my new address. He just... Read more »

Ray Choudhry answered on May 24, 2019

If your daughter has been going to school where your are for the past year and the father went along with it, the court may very well find that there was an agreement of the parties to modify the parenting plan.

Why not come up with a new parenting plan that works for both of you....
Read more »

2 Answers | Asked in Family Law for Georgia on

Q: Does a child molester have right to see child after 13 years

13 year old daughters father is a child molester and hasn’t seen her in 13 years. What are my right from keeping him from her?

Paula J. Mcgill answered on May 24, 2019

If there isn't a court order regarding visitation, you don't have to allow visitation. If he persists, get a protective/restraining order from the court.

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1 Answer | Asked in Family Law for Oklahoma on

Q: Nephew not safe my sister mentally unstable addictive behavior self harm involved I need custody

drug abuse kids unsafe situations nephew stated showed self harm because of her

Melissa Oxford answered on May 24, 2019

You may be able to get emergency custody, but more information is needed. I recommend you consult with a lawyer ASAP due to the serious issues at play here.

1 Answer | Asked in Family Law for Oklahoma on

Q: I filed for divorce and my husband has filed his answer with the courts he now refuses to sign waiver, the decree

I agree to all his terms now what are my options

Melissa Oxford answered on May 24, 2019

If you agree to the terms, contact the county where the divorce is pending and determine if they have a certain time they accept non-contested divorces for approval. Keep in mind if there are minor children, Oklahoma law requires a 91 day waiting period between the time the divorce is filed to when... Read more »

1 Answer | Asked in Family Law and Probate for Oklahoma on

Q: I'm dealing with some personal issues from the death of my Daddy. He died in March of 2017. My stepmother has done her

best to remove me from his life from the beginning. I hadn't seen or talked to him since May 6, 2010. I was banned from the funeral and even my half-brother wasn't allowed to speak. We received nothing, no notification on division of property, her and her daughter have taken up residence on the... Read more »

Melissa Oxford answered on May 24, 2019

It depends on if your father had a will or not. I recommend speaking to a probate lawyer.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Do I need to file a restraining order against my ex wife?

My ex wife had left the state tried to get to take our daughters with her. I fought that and won. She still moved out of state alone and got married and then had 3 children. Her father just contacted me and has said that now she has left her new husband and taken 1 of her 3 children with her. The... Read more »

Ray Choudhry answered on May 24, 2019

Go back to court to have the Parenting Plan modified.

1 Answer | Asked in Family Law for Texas on

Q: Do you need an attorney to file for adult guardianship in Texas

Rahlita D. Thornton answered on May 24, 2019

It would be best as the laws regarding guardianship can frustrating to those unfamiliar with them. Good luck.

1 Answer | Asked in Family Law and Child Custody for Utah on

Q: I have recently found out my son's dad is never home with his son and his dad girlfriend has been taking care of my son

Since his dad is failing on taking care of him can I pick up my son to live with me no custody has been established

Mike Branum answered on May 24, 2019

It sounds like you have some type of informal, verbal agreement for custody. You would be ill-advised to just "pick up your son to live with you" regardless of a formal custody agreement.

The first step, in my opinion, would be to have a conversation with the child's father, express your...
Read more »

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Arizona on

Q: How can I get a hospital to give me info on a newborn relative?

My brother and his girlfriend just had a baby. They both have drug issues. I tried to get info from the hospital but they evaded me and wouldn't say anything. No idea how the baby is doing and haven't even seen her yet, she was born a week ago. Was getting ready to start paperwork to take custody... Read more »

Mike Branum answered on May 24, 2019

This is a very small amount of information in what is almost certainly a complex situation. With that caveat, the short answer is: you can't. There is no "how." The answer is just "no." You do not have a right to the information. It is a violation of federal law for the hospital to provide you any... Read more »

1 Answer | Asked in Child Custody, Family Law and Civil Rights for Missouri on

Q: Q: is it legal to make children buy there food at home like sugar for oatmeal or a cookie

Only giving them the bare minimal, no extras at all. no seconds, no sugars, even doing things like making them pay to do their laundry. I know they say it is to teach responsibilities but this is taking it way to far. ALSO letting other children have things in front of the ones who have to do... Read more »

Lydia Seifner answered on May 24, 2019

I would encourage you to contact social services about whomever this is and hotline the situation.

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