Family Law Questions & Answers

Q: My daughter's dad recieves ssd and also works a pt/30 hour/week job. Is he exempt from paying support since he gets SSD?

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Answered on Feb 20, 2017

No, he is not exempt. "If you become disabled and begin to receive disability benefits, your obligation to pay child support does not stop. You will still be required to pay the child support that has been mandated by the courts."

http://www.disability-benefits-help.org/faq/child-support-disability-benefits
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Q: Can I get restraining order for harassment when children are involved on my kids father

1 Answer | Asked in Family Law for Texas on
Answered on Feb 20, 2017

Yes. Here is some more information:

http://www.womenslaw.org/laws_state_type.php?id=98&state_code=TX

http://legalbeagle.com/6109507-requirements-restraining-order-texas.html
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Q: Hello, I'm divorcing my husband after 16 years of marriage. his attorney wants my financials, do I have to comply?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Feb 20, 2017

His attorney most likely served discovery upon you. Although some objections may be appropriate in certain circumstances to some questions, a general refusal to provide information could result in sanctions and attorneys' fees. Discovery can be an expensive part of a case. You have a right to know his financial information, and they would have to comply with discovery, too if you officially ask for it according to the rules. I'm betting he hired a solid attorney if he is a court interpreter,...
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Q: Is it possible for me to file 3rd party harassment on my bf's baby mama and her boyfriend?

1 Answer | Asked in Family Law, Child Custody and Criminal Law for Colorado on
Answered on Feb 20, 2017

Justia's Q&A section is for general legal questions, it cannot provide representation or specific legal advice because this would create an attorney-client relationship (which is expressly disclaimed in the Q&A section). For representation and/or specific legal advice you will need to either hire a lawyer or apply for legal aid (Colorado Legal Services has offices in all CO counties and most bar associations have free to low costs attorney lists). For criminal matters a public defender may be...
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Q: So since the DV claim involves a 3rd party but there was no injury to person or property, is it still valid?

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on
Answered on Feb 20, 2017

Without looking at the charging documents and understanding of the available facts a determination of a DV claim cannot be made. You will need to contact a lawyer directly to review the specifics of your situation.
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Q: Married but had a child by lover. Can I petition for a court ordered paternity test since Bio Dad will not

1 Answer | Asked in Family Law for Georgia on
Answered on Feb 20, 2017

You can ask for a DNA test if you want to seek child support from bio dad. The child is legally your husband's child because you are married to him. If you seek child support from the biological father, then you will have to de-legitimate the child in order to do that.
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Q: How do I obtain custody my children?

1 Answer | Asked in Adoption, Child Custody and Family Law for Rhode Island on
Answered on Feb 20, 2017

Custody matters are complex and best addressed with the assistance of a professional. Look for, and retain a family court attorney, to make sure you case is presented well.
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Q: I want to see if I can get extra time with my son. I had to move due to military, and I am in a different state.

1 Answer | Asked in Family Law and Military Law for Utah on
Answered on Feb 20, 2017

You should contact a family law attorney in the jurisdiction that has control over the timesharing agreement to seek a modification based on changed circumstances.
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Q: I am a child, who's parents are getting divorced. I want to know if the state will pay child support if my dad doesn't.

1 Answer | Asked in Family Law for California on
Answered on Feb 20, 2017

The state doesn't pay child support: the parents do. Medicare and social welfare benefits may be an option your parents can access. If you are being neglected, you can contact child protective services. See: http://www.dss.cahwnet.gov/cdssweb/PG93.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
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Q: How can I keep full rights to my son?

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Feb 20, 2017

Parents have constitutionally protected rights regarding their relationship with their children. Unless there is some legitimate reason to restrict the father's contact it is likely the father will be entitled to and should receive visitation including overnight visitation. However, when the child is very young and/or a newborn and during the time you are nurturing and breast-feeding the child-- if that is the case-- that would be one potential reason to limit the contact to ensure the child...
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Q: Required to pay c.s. if mom told judge she took care of child, but does not take care of child?

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Answered on Feb 20, 2017

You must pay the court ordered amount until the court changes the amount. To change that, you must file for a change with the court based on changed circumstances. You might also ask for a change in custody since mother abandoned the child. Use the Find a Lawyer tab to find a local attorney to consult.
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Q: I am 17 1/2 a half what rights do I have regaurding my mother trying to move me to new jersey. Do I have to go?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Answered on Feb 20, 2017

Your father may be able to object to the move-away based on your school needs to finish high school as well as continued time with your dad. Alternatively, you may consider filing for emancipation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,...
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Q: Filed a JV180 in Sacramento county. They granted me a hearing . Would like to know how I should prepare for hearing

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Feb 20, 2017

Hire an attorney, gather evidence, subpoena witnesses, continue with discovery matters: there are many possible steps. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: My bf was arrested on a false felony DV charge because his baby mama's boyfriend.. but he lives in another county

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Colorado on
Answered on Feb 20, 2017

The best advice is to contact a family law attorney for the custody matters and a criminal law for the DV claim (some attorneys handle both family law and criminal law matters).

The residence of the parties is not a factor for DV claims. For DV claims there must be a injury (personal or property) and the parties needed to have a domestic relationship at some point (note: DV claims do not need to occur at a household and can include 3rd parties connected to the people who had/have a...
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Q: CPS was called on my daughter's mother which was unfounded can I get a copy of investigation report from CPS new york

1 Answer | Asked in Family Law for New York on
Answered on Feb 20, 2017

Contact CPS to request such a copy. See: http://ocfs.ny.gov/main/cps/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: Child being bullied by non-family adult but no threats of violence.States honor each others Restraining orders?

1 Answer | Asked in Domestic Violence and Family Law for Utah on
Answered on Feb 20, 2017

This may constitute a crime of harassment of a minor, a misdemeanor in CA. See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=647.6.

Also if the tournament has rules re: safety that are not being monitored and/or enforced, the tournament's administration can be sued potentially for negligence and/or breach of contract. They should be put on notice.

More details are necessary to provide a professional analysis of your issue. The best...
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Q: adoption question.

1 Answer | Asked in Adoption and Family Law for Louisiana on
Answered on Feb 20, 2017

Under Louisiana's laws relative to intrafamily adoption, a child's step-father may adopt his wife's child. In order to be considered a step-parent, the person adopting must be married to the child's parent. If I can assist you further, please feel free to contact me. I'd be happy to help.
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Q: Ex is going out of state and wants to leave our kids with his "sister in law" during his parenting time. Can he do this?

1 Answer | Asked in Family Law for Colorado on
Answered on Feb 20, 2017

Strictly speaking, what either parent does with their parenting time is not subject to court review or parent approval (unless there is a health/safety concern or it is expressly prevented in the parenting plan). If this is for a temporary and short duration, it is probably unrealistic to seek any court involvement. If the father leaves frequently or leaves for longer durations you have reasonable grounds to seek a custody modification.
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Q: will she be given alimony if her standard of living doesn't change after termination of marriage?

1 Answer | Asked in Divorce and Family Law for Ohio on
Answered on Feb 20, 2017

In a divorce, the court will determine what amount of spousal support, if any, is reasonable and fair based on all the facts and circumstances, income and expenses of both of you, whether she can work, etc. Based on the short duration of your marriage, any spousal support would not be for a very long time. Use the Find a Lawyer tab to consult an attorney where she filed for divorce so you can advise about all the facts.
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Q: Can the judge really give him full custody because I'm ignoring his calls ?

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Feb 20, 2017

Do not be intimidated by his threats. None of what he told you is true. And please - preserve all his text messages where he threatens to kill you. In fact, you could report those threats to the police. An unmarried mother automatically has full legal custody of her child. The father has to go to court to establish any parental rights at all. The court will determine which parent is best able to provide care for a child. If the either parent has drug problems or other issues, the court...
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