Family Law Questions & Answers

Q: Can I move out of state? I lost custody of two kids about 4years ago. I have supervised visits. What are my legal rights

1 Answer | Asked in Child Custody and Family Law for Ohio on
Answered on Jul 29, 2016

You can move, but you will have to bear the added expense if you want to keep your visitation and of course, if you owe child support you must continue paying it.
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Q: do QDRO's expire?

1 Answer | Asked in Divorce, Employment Law and Family Law for Michigan on
Answered on Jul 29, 2016

A quadro should not expire. You should bring the QDRO to a competent attorney to review.
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Q: I operate a child care center. Can a never married mom deny the biological dad the right to pick up his child?

1 Answer | Asked in Family Law for Colorado on
Answered on Jul 29, 2016

Contact a lawyer for all the details (especially in relation to potential liabilities of releasing the child to a non-contracting party). The best approach is to create a written document (that is signed by the contracting party) that spells-out who can pickup the child.
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Q: What are the odds I go to jail if behind on child support payments only 3 months?

2 Answers | Asked in Child Support, Family Law and Child Custody for Tennessee on
Answered on Jul 28, 2016

Going to jail does NOT depend on whether she shows up for court. It depends on your income for the time period in question. You do not give any figures on your income during the time period in question, but if you had income and you didn't pay ANY support during that time, you better bring your toothbrush because you are going to jail (if I was the judge).

yes, most judges are reluctant to put someone in jail for non-payment, but since there is no support being paid, you leave them no...

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Q: if a father has the child and theres no agreement or order can the mother come and take the child from him?

1 Answer | Asked in Child Custody and Family Law for Colorado on
Answered on Jul 28, 2016

You will need to contact a family law lawyer directly. As general rule, without a custody agreement in place either parent can "take" the child, but must provide reasonable access to the child. Be forewarned, Colorado favors joint custody and greatly disfavors transforming "best interest of the child" into a review of which person is the better parent.
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Q: Me and my children reside in Illinois and my husband lives in Iowa can he come to Illinois and file divorce?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Jul 28, 2016

Yes. Your residency in IL will give the court the necessary jurisdiction.
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Q: is there a way to seperate our divorce and still be able to file taxes together and continue to get insurance together

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Jul 28, 2016
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Q: My wife cheated on me. Am I likely to be granted primary custody?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Answered on Jul 28, 2016

Unfortunately, you have not provided enough facts upon which a lawyer can provide a proper answer. Every case is different, and a lawyer needs to know more particulars. However, suffice it to say, the adultery alone is not enough to warrant your getting custody. Consult in person with a local attorney to get the answers you deserve.
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Q: My ex-husband recorded a CC call b/t ourselves & our parenting consultant is he required to give me a copy of the call?

1 Answer | Asked in Family Law for Minnesota on
Answered on Jul 28, 2016

Do you have an attorney? If so, this would be best to discuss with your attorney. You should likely make a motion for approval by the judge in which you request the recording if the other party is not willing to offer it to you.
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Q: Can a GAL question a minor child without parents consint after the JD Court order is final giving the parents custody?

1 Answer | Asked in Child Custody and Family Law for Virginia on
Answered on Jul 28, 2016

I would say it is likely within the GAL's authority to speak with the child, who is his "previous client." It is also not surprising that the GAL continues to seek information on that child - the situation of this child is relevant to the ongoing custody/visitation cases of the other siblings (which I assume is the other case you refer to based on identical questions posted on other legal question websites). I do not foresee a successful legal case against the GAL based on the statements as...
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Q: hello, my question is: i was in Phoenix. im geting married in Mexico, and need a certificate on non exixtin marrige

1 Answer | Asked in Family Law and Immigration Law for California on
Answered on Jul 27, 2016

What is "non exixtin" marriage? Your question is not very clear for us to answer, please consider talking to an immigration attorney over the phone or via email regarding your issues. If you would like a free consultation feel free to contact my office (323-803-7147).

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is...
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Q: What does it mean when state picks up a charge? Wy can't I get it dismissed?

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Ohio on
Answered on Jul 27, 2016

Yes, you need a lawyer and so does your husband. The state is planning on pursuing a case against him for domestic violence and you can't make them stop.
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Q: My daughter&I have an order of protection. Can the person we are protected from post pics of my daughter on the internt?

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Tennessee on
Answered on Jul 27, 2016

You should report this to local law enforcement in your county- they should have a copy of the protection order on file, and let them decide if he should be prosecuted. If she was in a public place when the photos were taken, you may have a hard time convicting him. He is prohibited from contact or communication with her, he is not prohibited from looking at pictures of her ( that someone else may have taken and shared).

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Q: What happens when a child crosses state lines without approval from court where custody was granted?

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Virginia on
Answered on Jul 27, 2016

Whether the child can leave the state depends on the underlying custody order. It's unclear from your facts if there is even a current custody order (which is different from a power of attorney). You really need to take this to a local family law attorney who can flesh out more details and review any paperwork - the advice you're seeking is a bit too specific to answer on a website like this. Good luck to you.
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Q: Can the mother of my child deny me from seeing son if I pay child support regularly?

1 Answer | Asked in Child Support and Family Law for Georgia on
Answered on Jul 27, 2016

Morally, she should not withhold the child. In most instances, it's not in the best interest of the child. However, legally she can if you have not legitimated the child and obtained a child visitation order.
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Q: My daughter, myself, and her father lived here in Tennessee. He brought us here and then left and went back to TX.

1 Answer | Asked in Family Law for Tennessee on
Answered on Jul 26, 2016

You don't say what State court (TN or TX) is involved in the papers that were served on you, but I assume it is TX. You need to respond to that since TN has apparently already assumed jurisdiction over the child/parenting issues. ( He apparently didn't like the result of the TN court so that is probably why he is trying to change it in TX). The judge in TX won't know what has happen in TN unless you respond, so you should try to hire a TX lawyer to get that case "thrown out"

Most states...

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Q: My husband got remarried before we even divorced and he took my kids what can I do he is in another state

1 Answer | Asked in Family Law for Florida on
Answered on Jul 26, 2016

If you were ultimately divorced, the divorce decree should have addressed child custody. Did it?
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Q: Can neighbors sue us for adult child who has order not to enter our house but does and creates disturbance?

1 Answer | Asked in Family Law, Personal Injury and Real Estate Law for California on
Answered on Jul 26, 2016

Not clear whose child is entering house? First, no one gets sued for a one off "disturbance." If it's repeated, then there's the possibility it becomes what is called a nuissance case, and that by permitting the repeated activity you are part of the problem. Sounds like less a legal issue than one of setting appropriate boundaries--in more ways than one--and a family therapist may be a better place to start (this is a public website, don't give return details).
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Q: can I get back child support after the child support enforcement has already made a child support order?

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Answered on Jul 26, 2016

Review your court order. Back child support is not usually granted automatically with a support order (unless requested). That said, you can go back to court and seek an modification to include back support. If you already have a valid (court approved) support order, seeking back support is a relatively easy procedure. You may want to contact a lawyer, but this can be handled without a lawyer.
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Q: Caste: Mudaliar comes under which category in tamilnadu does it belongs to bc

1 Answer | Asked in Family Law and Personal Injury on
Answered on Jul 26, 2016

This is an issue of Hindu practice; this isn't for this website. I think you were misdirected.
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