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Family Law Questions & Answers
Q: If my mother refused care then called the cops for me leaving what would happen
Justin B. Benedict's answer
I apologize but there does not seem to be enough information to answer your question. What did your mother refuse care for? Refused your care? Did you cause harm to her or was it an act of nature? Also, if you are asking about possible criminal ramifications, you should repost with more detail in the Criminal law section.
I apologize but there does not seem to be enough information to answer your question. What did your mother refuse care for? Refused your care? Did you cause harm to her or was it an act of nature? Also, if you are asking about possible criminal ramifications, you should repost with more detail in the Criminal law section.
Q: Can I deny visitation due to bed bug infestation. Child have hundreds of bites when they come back from father's home
Ray Choudhry's answer
The procedure is to ask the court to terminate or modify father's parenting time until the matter is resolved.
The procedure is to ask the court to terminate or modify father's parenting time until the matter is resolved.
Q: Can it be written into custody agreement that a girlfriend/fiance of the father can have no contact with the child?
John Hyland Barrett III's answer
You may be able to write it in, but how are you going to get his agreement to this? Even if written in, the court may decline to approve the agreement with this term since it is very impracticable. You will need to have some justification for the provision. What will be father's parenting time? He obviously will be living with this person, if not now, when they get married. You should retain an attorney to help you come up with a workable parenting plan.
You may be able to write it in, but how are you going to get his agreement to this? Even if written in, the court may decline to approve the agreement with this term since it is very impracticable. You will need to have some justification for the provision. What will be father's parenting time? He obviously will be living with this person, if not now, when they get married. You should retain an attorney to help you come up with a workable parenting plan.
Q: I have 50/50 custody but im working out of state and the mother went and filed for full custody but I'm in Maryland
Cary B. Hall's answer
It depends in which state the custody order was entered - perhaps. In light of the 50/50 custody split, your custody order may also state which court will have jurisdiction for future modifications if you and the child's mother live in different states. Honestly, it's unclear from your question where everyone is right now (you, your child, and your child's mother).
Regardless, you should file an opposition to the petition to modify custody to preserve your rights, and perhaps you...
It depends in which state the custody order was entered - perhaps. In light of the 50/50 custody split, your custody order may also state which court will have jurisdiction for future modifications if you and the child's mother live in different states. Honestly, it's unclear from your question where everyone is right now (you, your child, and your child's mother).
Regardless, you should file an opposition to the petition to modify custody to preserve your rights, and perhaps you...
Q: How do one go about getting their name removed from a shared mortgage? 5 years ago the judge awarded the marital home
3 Answers
| Asked
in
Divorce, Family Law and Real Estate Law
for
Florida
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
Rand Scott Lieber's answer
You must return to court to enforce the final judgment. If she cannot refinance then the judge may order her to sell the house depending on what your agreement says.
You must return to court to enforce the final judgment. If she cannot refinance then the judge may order her to sell the house depending on what your agreement says.
Q: likely that a judge will rule in favor of a school that disrupt the employment of one parent?
John Hyland Barrett III's answer
This depends on what your parenting plan says about resolving disputes if you can not agree. You seem to have good arguments for your position. you should follow your parenting plan and retain an attorney to help you with this in order to get the best outcome for you and your child.
This depends on what your parenting plan says about resolving disputes if you can not agree. You seem to have good arguments for your position. you should follow your parenting plan and retain an attorney to help you with this in order to get the best outcome for you and your child.
Q: Wife filed for divorce (CO). wants to kick me out for emotional reasons... but we are civil, and there are no threat
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Custody, Divorce and Family Law
for
Colorado
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
John Hyland Barrett III's answer
Once a divorce is filed, the court can determine whether one of you has to leave. The court's primary concern will be the welfare of the children. The court can also enter orders for the return of the children if she does not return with them. You should retain an attorney to make sure your children are protected.
Once a divorce is filed, the court can determine whether one of you has to leave. The court's primary concern will be the welfare of the children. The court can also enter orders for the return of the children if she does not return with them. You should retain an attorney to make sure your children are protected.
Q: Is summer camp for teens consider extra curricular
P. Justin Thrailkill's answer
More likely than not. Depends on what the camp is for. If this is more like a day camp, which people use for day care, and the child is 13, or not of driving age, then it is possible a court could treat it as a child care expense.
More likely than not. Depends on what the camp is for. If this is more like a day camp, which people use for day care, and the child is 13, or not of driving age, then it is possible a court could treat it as a child care expense.
Q: I have to pay ex wife a lump sum alimony in payments over the course of 10 years. The first year I pay $350 every month
P. Justin Thrailkill's answer
No. Lump sum alimony is treated more like property division than periodic alimony. This cannot be modified and you need to treat this like you would the payment of a debt.
No. Lump sum alimony is treated more like property division than periodic alimony. This cannot be modified and you need to treat this like you would the payment of a debt.
Q: Ex doesn’t want to pay half the kids electives in school she said that comes out of child support
P. Justin Thrailkill's answer
If it is for course credit, it is not an extracurricular activity. If it is something like band or football, it is extracurricular. Discuss this with local counsel. This may be something you have to address in a contempt, but a local attorney can give you a better idea where the local judges tend to lean on this issue.
If it is for course credit, it is not an extracurricular activity. If it is something like band or football, it is extracurricular. Discuss this with local counsel. This may be something you have to address in a contempt, but a local attorney can give you a better idea where the local judges tend to lean on this issue.
Q: Will police enforce a court order visitation? My kids were taken to another state.
Homer P Jordan IV's answer
If you have court ordered visitation and it is not being allowed then the other parent would be in contempt. The police would likely enforce a court ordered visitation. You should consult with an attorney who can help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
If you have court ordered visitation and it is not being allowed then the other parent would be in contempt. The police would likely enforce a court ordered visitation. You should consult with an attorney who can help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: How do I report her or what can I do?
Homer P Jordan IV's answer
You should consult with an attorney who can review the facts of your case and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
You should consult with an attorney who can review the facts of your case and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: My daddy left my brother and I some land when he passed away. My brother was executor of my daddy's will.
Mr. James Parrish Coleman's answer
You need to talk to a lawyer about this but, the land probably devolved to you and your brother. His part belongs to his estate now. You and his estate own the property together. If you can't agree on how to divide the property, you will go to court on a sale for division. YOu need some help here. THis is pretty complicated. What county are you in.
You need to talk to a lawyer about this but, the land probably devolved to you and your brother. His part belongs to his estate now. You and his estate own the property together. If you can't agree on how to divide the property, you will go to court on a sale for division. YOu need some help here. THis is pretty complicated. What county are you in.
Q: If I filed and received my divorce in TN and I now live in IL if I want to take my spouse back to court do I need a TN
Ray Choudhry's answer
If you are transferring the case to Illinois, you would hire an Illinois attorney.
You cannot just transfer a case. You have to have right to do so.
If the case stays in TN, you would consult with a TN attorney.
If you are transferring the case to Illinois, you would hire an Illinois attorney.
You cannot just transfer a case. You have to have right to do so.
If the case stays in TN, you would consult with a TN attorney.
Q: can my grandson reside with me with permission from his parent
Leonard R. Boyer's answer
What you want is not possible. You can consult an experienced matrimonial (family law) attorney for your options.
What you want is not possible. You can consult an experienced matrimonial (family law) attorney for your options.
Q: see below for more space
Timothy Denison's answer
No. It’s perfectly fine. As soon as the bk is final. Record the quitclaim deed before filing for divorce.
No. It’s perfectly fine. As soon as the bk is final. Record the quitclaim deed before filing for divorce.
Q: How to sign and notarize medical power of attorney forms when principal and agent are not in the same state?
Joanne Reisman's answer
First of all, Oregon uses and advanced directive. I would seem that the person giving this medical authority is in Vermont and probably subject to Vermont's laws. So there may be some law in Vermont you need to read up on that controls how Vermont's form needs to be executed. I suggest you check with a Vermont based Attorney so you are sure you have the right form and you are executing it correctly.
Generally speaking it is not necessary to have the principle and the agent in the...
First of all, Oregon uses and advanced directive. I would seem that the person giving this medical authority is in Vermont and probably subject to Vermont's laws. So there may be some law in Vermont you need to read up on that controls how Vermont's form needs to be executed. I suggest you check with a Vermont based Attorney so you are sure you have the right form and you are executing it correctly.
Generally speaking it is not necessary to have the principle and the agent in the...
Q: If my ex husband doesn't respond to my messages on talking and he won't turn in the court papers. Is he in default?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
California
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
Angelina Bradley's answer
“Default” means something specific in the law. It means you’ve properly served him, filed the proof of service with the court, he’s had time to respond, and he’s chosen not to after the required period of time.
If all that has happened, you can move forward in your case and ask for a default judgment.
“Default” means something specific in the law. It means you’ve properly served him, filed the proof of service with the court, he’s had time to respond, and he’s chosen not to after the required period of time.
If all that has happened, you can move forward in your case and ask for a default judgment.
Q: Is it legal in Oregon to force one father to pay for his and another fathers child?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Oregon
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
Vincent J. Bernabei's answer
You cannot sign away your responsibility to pay child support unless the child is adopted by another person. Your monthly support obligation is based upon your and mother's incomes, and should take into account that mother has two "non-joint" children. This factor could actually increase your child support obligation. Whether the father of one of mother's other children is actually paying child support should not affect your child support obligation under the presumed amount of support.
You cannot sign away your responsibility to pay child support unless the child is adopted by another person. Your monthly support obligation is based upon your and mother's incomes, and should take into account that mother has two "non-joint" children. This factor could actually increase your child support obligation. Whether the father of one of mother's other children is actually paying child support should not affect your child support obligation under the presumed amount of support.
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