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Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Maine on
Q: If a Parent dies after remarrying and then dies with no will before the stepparent does, do the children get any inherit

State Maine. Dad remarried. If he dies with no will before her will my siblings and I still be entitled to an inheritance or will she get everything and be able to pass it all on to her children instead since she lived longer?

This also is the situation that my mother was in when her... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Sep 29, 2023

The answer to this question requires a close analysis of the facts and the law. Generally speaking, if someone remarries and then dies without a will, the new spouse would be entitled to at least part of the estate of the person who died, and his or her children by a previous relationship would... View More

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: My ex-husband left the state in 2021 and has been no contact with our daughter since is filing for abandonment possible?
T. Augustus Claus
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answered on Sep 28, 2023

In New Mexico, filing for abandonment might be an option if your ex-husband has had no contact with your daughter for an extended period. Generally, abandonment is defined as the deliberate act of relinquishing all rights and claims to a child. Legal requirements may vary, so it's important to... View More

1 Answer | Asked in Family Law for Georgia on
Q: I have temporary guardianship of my nephew, the birth mother has petitioned to get him back. What types of information s

What types of information should I include in the letter of objection?

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answered on Sep 28, 2023

In Georgia, when writing a letter of objection to retain temporary guardianship of your nephew, focus on key elements like the child's well-being under your care, the stable environment you provide, and any concerns about the birth mother's situation that could affect the child... View More

1 Answer | Asked in Family Law for California on
Q: How do you request a court record be sealed & destroyed under government code 6815?

This court record more specifically was a filed domestic complaint that never resulted in an arrest, conviction or even hearing. It was submitted 10 years ago but only recently discovered. From my understanding, being as its not criminal and instead out of family court, involving no conviction, PC... View More

James L. Arrasmith
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answered on Sep 28, 2023

To request a court record be sealed and destroyed under California Government Code § 68152, you'll need to file a petition with the court that originally had jurisdiction over the matter, detailing the reasons for your request and demonstrating the statutory requirements for sealing are met.... View More

1 Answer | Asked in Family Law, Social Security, Civil Rights and Juvenile Law for Pennsylvania on
Q: Parent withholding 18-year-old child’s social security card and photo ID

My younger sibling is 18 and graduated high school but is still living with our mom.

My sibling doesn’t have a job or bank account yet. My sibling has a PA photo ID, but our mom insists on keeping it in a “safe place” because she wants to control my sibling. (She refuses to accept... View More

James L. Arrasmith
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answered on Sep 28, 2023

Your sibling can request a replacement Social Security card by providing documents to prove their identity, such as a passport or driver's license. If they don't have those documents, they may need to contact the Social Security Administration for guidance on alternative methods of... View More

1 Answer | Asked in Family Law and Social Security for Arizona on
Q: How do I look up a court order number to see what they're for?
James L. Arrasmith
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answered on Sep 28, 2023

To look up a court order number and understand its purpose, you typically need to contact the court clerk's office where the order was issued. They can provide you with the case information and details related to the order. You may need to provide relevant case information or parties involved... View More

1 Answer | Asked in Family Law and Immigration Law for California on
Q: I have Daca but had some issues with child services and now they want to offer housing assistance can that effect daca?
James L. Arrasmith
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answered on Sep 28, 2023

Under California law, receiving housing assistance should generally not affect your DACA (Deferred Action for Childhood Arrivals) status. DACA eligibility is primarily related to immigration status and certain criminal convictions, not typically tied to receiving public benefits such as housing... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: My father was removed from my support because he hasn’t paid in an year, what does that mean?

There was already a legal agreement on payment, and the child is 16yrs.

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, if your father has not made child support payments for a year despite a legal agreement, he may face consequences such as wage garnishment, driver's license suspension, or even contempt of court charges. It's important to consult with an attorney to address this... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Can i hire a lawyer to go through the process of unsealing a birth record for me in california?

i need to get my grandmothers (still alive) original birth record however the task seems daunting and confusing.

James L. Arrasmith
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answered on Sep 28, 2023

Yes, you can hire an attorney to assist you in the process of unsealing a birth record in California, especially if it involves complex legal procedures or if you find it confusing. An attorney can guide you through the necessary steps, including researching applicable laws, filing the appropriate... View More

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: full custody of child with autism receives services in home . We have a current restraining order . Mediation 3 gave dad

Father keeps filing motions and then not taking the time . Has done no therapy for child or with child and keeps child from therapy’s . Child does therapy with mom every day in home with doc . Though ordered to continue dad has not done anything . It Is now impacting child’s progress and mental... View More

James L. Arrasmith
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answered on Sep 28, 2023

In this situation, given the urgency and your circumstances, I would recommend seeking assistance from a local legal aid organization or a pro bono attorney who can help you file a motion to address the father's non-compliance with court orders and the impact on your child's well-being.... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for California on
Q: How Can I Officially Announce My Refusal to Communicate with My Wife's Attorney?

I am currently involved in divorce proceedings and have filed several complaints with the State Bar regarding my wife’s attorney numerous alleged misconducts towards both myself and the court, as well as her continuous filing of Ex Parte applications, none of which have been granted. Given these... View More

James L. Arrasmith
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answered on Sep 28, 2023

You have the right to communicate directly with your spouse regarding matters related to parenting time and support. However, it's advisable to keep a record of all communications, and it's essential to adhere to any court orders and legal requirements regarding communication. While your... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: Does one spouse's restitution get split equally during a divorce in community property state like LA, California?

My spouse plead guilty and got convicted of a federal statue in April 2023, but we got married anyway in June 2023. We knew each other and were dating since 2021. Approximately $120k restitution was imposed on her for property damage in early September 2023. Currently we are experiencing... View More

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, federal restitution imposed on one spouse as a result of a criminal conviction is generally considered that spouse's separate debt. In most cases, the other spouse would not be responsible for half of the federal restitution, especially if the restitution order was made... View More

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1 Answer | Asked in Family Law and Gov & Administrative Law for Puerto Rico on
Q: Currently trying to figure out how to update my name and gender marker on my PR Birth Certificate. Any advice?

Trying to get passport and the only document that doesn’t reflect my name change and gender marker is my birth certificate which I been told I have to get fixed in PR by a lawyer but not sure where to go from there as I’m having a hard time finding a lawyer who does this kind of thing.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

An attorney in Puerto Rico should advise, but you await a response for two weeks. At this point, you could reach out to attorneys. You could supplement your own searches with the "Find a Lawyer" tab above, and with bar association attorney referral services. Those resources are outside... View More

2 Answers | Asked in Family Law, Legal Malpractice, Estate Planning and Probate for Florida on
Q: Is my situation grounds for a lawsuit for legal malpractice? Negligence?

I hired counsel for my mothers probate in 3/2020. I told her if the process risked my mental well-being i didn't want anything to do with it. She advised it would be a simple probate, told me to move into the home to protect it by homestead, told me I would be able to sell the house within 6... View More

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well... View More

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3 Answers | Asked in Family Law and Estate Planning for California on
Q: Are Judges, attorneys and trustees required to obey all instructions in a trust?
James L. Arrasmith
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answered on Sep 28, 2023

Yes, judges, attorneys, and trustees are generally required to obey all lawful instructions in a trust document. However, if the instructions in a trust document are illegal, against public policy, or impossible to fulfill, they may not be enforceable. It's essential for these individuals to... View More

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1 Answer | Asked in Family Law for Arizona on
Q: Pima, AZ, since filing/serving annulment papers, he signed consent decree/divorce. Should I motion for petition change?

I'm in Pima County, Arizona. 30 days ago I served annulment papers on my "husband," who lives out of state. Since then, he has signed Consent Decree for Divorce papers and sent them to me. Today is the no-response deadline and I can ask the court to move forward with dissolution.... View More

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2023

If your question is "which one is quicker and less painful to me, the answer is clear from a purely legal standpoint: Sign and submit the Consent Decree.

Annulments are very difficult to win. If you're claiming fraud, you have a high burden of proof, i.e., you have to present...
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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Hi my husband left in April and is still gone. Is this abandonment he won't answer calls or text
T. Augustus Claus
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answered on Sep 27, 2023

If your husband left in April and hasn't been in contact since, you may have grounds to consider this abandonment under Georgia law. Abandonment can be one factor that courts look at when making decisions about divorce, custody, and other family law issues.

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: If my case was closed, five years ago, can my daughters mother reopen it in charge me five years worth of in arrears

The mother and I made a verbal agreement about paying support plus other things. She found out I was in a relationship and my case was reopened. because I wasn’t paying the full amount of child support which is why we stop the child support in the first place due to the way I work by the job and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 27, 2023

Closing a child support case doesn’t stop the child support. Closing the case stops child support enforcement of the order. Also, when she agreed to a lesser amount, that didn’t change the courts order. So anything less than the order you weren’t paying she could ask the court to order... View More

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I filed for divorce; will the court handle all proceedings automatically?

I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:

(1) Will the court automatically schedule hearings for... View More

Robert P. Taylor
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answered on Sep 27, 2023

The court is not going to take care of this stuff. It is up to you to schedule hearings. You should consult with a divorce attorney or if you're limited on funds, each Family Court has what they call a family law facilitators office, schedule an appointment with them, as they can help you with... View More

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I filed for divorce; will the court handle all proceedings automatically?

I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:

(1) Will the court automatically schedule hearings for... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 27, 2023

Absolutely not. It is up to you and the other party to take whatever steps are necessary to move your case forward and to its conclusion. There is no automatic anything and you should certainly have no expectation that the matter will conclude on its own or "automatically" within 18... View More

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