Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I don't want to change the custody schedule, but do I have grounds to file emergency custody for violating?

Me and my coparent has joint custody and a custody agreement through a civil restraint. Not filed through family court. We have a 3-4 weekly schedule. My coparent just took our child on an out of state vacation that I did not agree to. The only guild lines that our agreement have are "As for... View More

Richard Diamond
Richard Diamond
answered on Dec 1, 2024

Probably the one thing that you and your ex need to do is print out the holiday schedule and identify the rotation between you and your ex. I presume that the holiday schedule includes Thanksgiving, which was on Thursday the 28th and probably, under the holiday schedule, it says that same starts on... View More

3 Answers | Asked in Criminal Law and Family Law for New York on
Q: Can THEY put me in jail ?

I have five children and a husband.. and last week my husband put a restriction order against me I didn't know that..my older daughter and son They testified against me along with my husband..My daughter is 15 years old and she hates me because I don't want her drug addict... View More

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2024

Given the circumstances and your clean record it is unlikely that you will face Jail. Hire a good criminal lawyer. This case seems to cry out for what in New York is an ACD Adjournment in Contemplation of Dismissal. It may require a mental health assessment but a Good criminal Lawyer can guide... View More

View More Answers

3 Answers | Asked in Criminal Law and Family Law for New York on
Q: Can THEY put me in jail ?

I have five children and a husband.. and last week my husband put a restriction order against me I didn't know that..my older daughter and son They testified against me along with my husband..My daughter is 15 years old and she hates me because I don't want her drug addict... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2024

I'm sorry to hear about the difficult situation you're facing. Navigating legal matters involving restraining orders and allegations of domestic violence can be incredibly stressful. The information provided below aims to help you understand your rights and options.

In New York,...
View More

View More Answers

3 Answers | Asked in Domestic Violence and Family Law for California on
Q: I have a domestic violence case coming up for trial. The victim wants to file an "affidavit of retraction"

The victim n my case made several false statements against me really painting a horrible picture of who she wants me 2 appear 2b as a person in everyday life. On paper, what she has said looks very bad n the courts eyes. But it not accurate and it's fictitious. The victim has since came to... View More

Robert Kane
Robert Kane
answered on Nov 29, 2024

In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More

View More Answers

1 Answer | Asked in Child Support, Divorce and Family Law for Connecticut on
Q: Online article to explain to ex-wife her obligations too chicken as the custodial and supported spouse regarding expense

Is there anything online that I can show my ex-wife that will explain to her her obligations to paying the children's expenses given that she's the custodial parent and she gets alimony and child support and has sufficient funds to pay for everything. The divorce decree was quite specific... View More

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

If your ex-spouse is harassing you to share in expenses that you are not required to share in per the order of the court, you should probably hire a lawyer for one or two hours of work to draft and mail a letter to your ex-spouse. The letter should explain what expenses the court order requires... View More

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: I am in the middle of a child support case the other opposing counsel has submitted petitioners tax return and bank stat

statements, with pay stubs, how can I submit my bank statements and pay stubs with the court so that it is not get made public and I am following the rules and regulations of submitting disclosures before mediation. I have already submitted a sworn financial statement and a certification of... View More

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

If you are talking about the mandatory financial disclosures under Colorado Rule of Civil Procedure 16.2 (the ones you have to disclose per Form 35.1), then you do not actually file the bank statements and pay stubs with the Court. What you do is you provide the bank statements and the pay stubs... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How can I get approved for a pro Bono lawyer For family court.

I want full custody of my child.

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

If you cannot afford a lawyer to help you, and you are in the Denver, Colorado Metro area, call Metro Volunteer Lawyers and ask them if they will take your case. Just Google "Colorado Denver Metro Volunteer Lawyers" to get their contact information.

You can also call different...
View More

1 Answer | Asked in Family Law for Colorado on
Q: Can I reverse an amendment to a prenuptial agreement?

After 20 years of marriage, my wife, with the help of her chosen "Life Coach", pressured me to amend our prenuptial agreement ( to greatly benefit her own financial status if we split ) then almost immediately retained a divorce attorney. Can I reverse that amendment to reinstate the... View More

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

An amendment to a prenuptial agreement, like the prenuptial agreement itself, is generally enforceable in Colorado when the divorce case is filed.

A prenuptial agreement or amendment to a prenuptial agreement should not be done in anticipation of divorce, however, and may or may not be...
View More

1 Answer | Asked in Family Law for Colorado on
Q: Can a change of Venue be requested when one party, with a joint decision making order, has moved to a different County?

Case is currently in Weld County and one Party moved to Grand County

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

Yes, it is possible to change venue from the district court in Weld County to the district court in Grand County. You would file a motion under Colorado Rule of Civil Procedure 98(f)(2). That rule provides as follows:

C.R.C.P. 98(f): Causes of Change. The court may, on good cause shown,...
View More

1 Answer | Asked in Family Law for Maryland on
Q: My ex-husband passed away this year. Am I entitled to any of his benefits, such as life ins, pension or social security?

My ex-husband passed away this year. We were married for nine years and divorced in 2008. We both are 52 years old. My ex-husband has adult children and no will. Am I entitled to any of his benefits, such as life insurance, pension or social security? I was listed as the beneficiary on all... View More

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

Upon divorce, each spouse is automatically removed by law as a beneficiary under their ex-spouse’s estate, even if they are named in a will at the time of the divorce. So you are not entitled to any distribution under your ex spouse’s estate.

In order for an ex-spouse to qualify for a...
View More

1 Answer | Asked in Child Support and Family Law for Nevada on
Q: I own 7,000 child support and like 17,000alimony they put my name in the denial list to get a passport,

if i pay what i own child support will they remove my name from denial list , or i must pay both alimony and child support,

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2024

Usually, it is advisable to pay off the child support debt in case your application for a passport is denied due to arrears of child support. This will help to have your name deleted from the list of persons denied a passport. The United States Department of State says those who are in arrears on... View More

2 Answers | Asked in Divorce, Family Law and Immigration Law for Colorado on
Q: Can you draft a CO spousal maintenance agreement for a future spouse and advise if filing affects immigration status?

Could you help me draft a legal spousal maintenance agreement for a future spouse in Colorado, ensuring it complies with state laws and provides financial support during the marriage? Additionally, if we file this agreement with the court, how might it affect our immigration status? We want to... View More

Dorothy Walsh Ripka
PREMIUM
Dorothy Walsh Ripka
answered on Nov 25, 2024

Yes. These are generally things that can be drafted taking in consideration the special needs of a person. In undertaking the drafting of an antenuptial agreement, however, an attorney would only be able to represent one spouse and work for the benefit of the party that hires the attorney. It would... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Texas on
Q: House owned by wife. Married in 2009. Live in Texas. Married 16 years. Getting divorced.

I was a silent partner on a note refinance, signed paperwork (I am not on the deed). Replaced appliances, did interior upgrades, etc. Do I have 50% equity in the house?

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

It depends on whether the house is your wife's separate property or community property. If the house was bought by your wife before your marriage, it is her separate property. If the house was bought by your wife during your marriage, it is community property unless she used entirely her... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Q: Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name.

Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name. This was done during the marriage, but his mother registered the title to the apartment only in my husband's name. Now my husband has decided to make a will and a trust, but he has indicated... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 24, 2024

A gift to your spouse is not marital property even if given during the marriage unless it is comingled or transmuted. However, upon death, there are protections for a current spouse regardless of the will. New York has a "right of election" that allows a spouse to disregard the will and... View More

2 Answers | Asked in Family Law and Probate for California on
Q: My eldest brother, DPOA of my father and successor trustee, bought home which was in Trust via a living estate-Legal?

He didn’t notify the beneficiaries of trust, myself and my brother, of such change to trust. We feel its breach of his fiduciary duties and self serving.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 23, 2024

If your father is alive and still capable of handling his affairs, and the trust is still revocable, then he can make any changes he wishes. If you have reason to believe he was subjected to undue influence, speak with an attorney to see if the situation can be remedied. Be prepared to provide... View More

View More Answers

2 Answers | Asked in Consumer Law, Estate Planning and Family Law for Florida on
Q: i added my son to my home deed about 10 years ago

i would like to remove him ...can it be done?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2024

Removing him from the deed will require his signatures. This is exactly why I advise my clients never to “add” children to their deeds. This is a classic do-it-yourself estate planning mistake that might conceivably cost you way more than you would have spent on proper estate planning. If your... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: do I owe my exwife half the car and security deposit (we rent) ? not divorced yet. they are cheating, NJ. please help

my spouse left me after 10 years, just walked out flew around the world in 30 day to someone else, they were talking before it ended. not sure if that matters, we aren't divorced yet.

we rent, I told her to take whatever she wante in apt, I gave her one of the cars, it was old, she... View More

Valerie Hemhauser
Valerie Hemhauser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024

Marital assets and debts are considered in the equitable division of a marital estate. In New Jersey, the statute governing the equitable division of marital property in divorce cases is found in N.J.S.A. 2A:34-23. This statute outlines the guidelines for the division of assets and liabilities in... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What type of motion should be filed to protect my daughter?

My ex-wife is expecting a child in two months. Our daughter who is seven is not allowed to be alone with her boyfriend via our court order. I want know if there a motion I can file to prevent my ex wife from leaving our daughter in the hands of someone not verified

James W. Kraayeveld
PREMIUM
James W. Kraayeveld
answered on Nov 21, 2024

What does leaving your daughter in the hands of someone not verified mean? Do you want a court order that your daughter may not be left in the care of any third party without your agreement? You can certainly ask for such a court order, but whether you will get such relief depends on what kind of... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can my son's father make me drive hundreds of miles or even out of state for his sport event?

So my order states that I have take my son to his sport event this was made when my son had jujutsu and was a 20 mins drive so my son's father now put him in wrestling a new sport which I was fine with his father went to send me the schedule and I stated to him that I had no problem getting... View More

James W. Kraayeveld
PREMIUM
James W. Kraayeveld
answered on Nov 21, 2024

Life changes and amendments to parenting time orders are common. In an ideal world, when you discussed the wrestling enrollment, you would have agreed to enrolling him with the stipulation that you'll amend the order to include a limit to how much you will drive to sporting events. At this... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I received papers from a fake custody lawsuit from my ex husband, whom I have a restraining order against.

Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024

Yes this is harassment which is a violation of the restraining order. Do you have a Temporary Restraining Order(TRO) or a Final Restraining Order (FRO)? If you have an only a TRO you need to to retain an experienced matrimonial attorney who has extensive domestic violence trial experience to obtain... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.