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Family Law Questions & Answers
1 Answer | Asked in Family Law for New York on
Q: How do I go about getting a marriage annulment in NY?

Married less than 6 months

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 2, 2022

You need to file in. Ourt for an annulment. You need to meet the requirements of an annulment. Contact a lawyer.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is 12 she’ll be 13 in three months She don’t want to go to her dad house so I have to make her go

I am waiting on a court date to modify parenting and I am asking to modify parenting time because my daughter doesn’t want to go over her dad house all the time and she doesn’t like how he’s been treating her or the things he have said about me to her I hate having to make her go and here... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

You are doing the right thing by filing the motion. Perhaps there is something negative going on that your daughter is afraid of disclosing. Still, your duty is to comply with the parenting time order and continue facilitating her relationship with her father. Typically in these situations with a... Read more »

1 Answer | Asked in Family Law for New York on
Q: Grandparents pass uncle is executor $ goe to my uncle aunt my brother&I Unclaimed prop. is out uncle w not claim can I?
Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

Your question may have gone unnoticed in the Family Law category. The nature of what you describe is closer to Probate and Estate Planning than Family Law. Although there's no guarantee that all questions are picked up, you might have better chances of a response under the Probate and Estate... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Collections for Georgia on
Q: My 20 year old autistic daughter was with a adult female that stole something and my daughter was charged as well .

I explained to public defender but she was charged and given probation and fine. She is mentally disabled so she can’t pay. What can I do? I’m a single mom with a 15 year old daughter as well. I don’t have $3000 laying around.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

You could pay the fine yourself to end the matter.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: How do I get custody of my son? His grandparents were given temporary custody.

They filed for emergency custody and were awarded temporary custody. There is a hearing in 1 week, said to be the final hearing. I have not been given any instruction on anything that I would need to do in order to get him back. If there is some form that I may need to submit or something, I'm... Read more »

Timothy Denison
Timothy Denison
answered on Sep 30, 2022

You should have your lawyer file a motion for return of custody before the hearing next week.

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Utah on
Q: Can dating someone with traffic misdemeanors effect child custody?

Im going through a divorce its been 9 months waiting. I fell in love with someone who has misdemeanors for dumb traffic things. He had some stuff in his teens. Hes changed and wanting to be a fireman or go into marines to be a combat medic. Im worried that my Ex husband who is not a good guy might... Read more »

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Sep 30, 2022

This is not a criminal law question. You need a family law specialist.

1 Answer | Asked in Tax Law, Divorce and Family Law for Nevada on
Q: Can I claim our son on my taxes, who in our decree is supposed to be claimed by my ex husband?

My ex husband and I have been divorced a few years. We share 4 children. In our decree we each claim 2 of our children on our taxes. I have primary custody and he has visitations. This year our oldest son has stopped his visitations with my ex husband. He has solely lived with me since the first... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Sep 30, 2022

Generally speaking the parent who has primary custody claims the children on taxes UNLESS it has either been agreed or Ordered otherwise in the Decree.

If your Decree states that the father is to claim 2 of the kids then its best to follow the Decree to avoid being in contempt.

If...
Read more »

1 Answer | Asked in Civil Rights, Family Law, Adoption and Civil Litigation for Arizona on
Q: Is drug addiction considered a disability and can parents rights be terminated based on drug use?

Rehabilitation efforts were unsuccessful at times but rights were terminated while parent was still engaged in services

Stephen M Vincent
Stephen M Vincent
answered on Sep 29, 2022

I have never heard of drug addiction being described as a disability. The ADA does not contain a list of disabilities, but rather defines disabilities as follows: "A physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Do I have to disclose finances before paternity is established
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 29, 2022

Yes. You will have to comply with mandatory disclosure. You need to fill out the financial data to determine future support.

1 Answer | Asked in Family Law and Health Care Law for Puerto Rico on
Q: What recourse toward hospital not living up to father's living will in PR? How do we take him off life support?

My father has been in residence at La Casa Del Veterano in Juana Diaz for many years along with my mom. Sept 24/25 he was taken to Hospital San Cristobal for problems with Covid, where they were told and then provided with a living will by my aunt. They said because it was created in the US, it... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 29, 2022

The Puerto Rico Notary Law, Public Law No. 75 of July 2, 1987, as amended, requires that legal documents authorized by notary publics in the U.S. be legalized by the government institution that authorizes the commission of notary publics in that state. Then, said document should be protocolized by... Read more »

1 Answer | Asked in Family Law for California on
Q: Can I deny visitation to protect the other kids health from a upper respiratory infection which is contagious till clear

I have 3 daughters with children mom she kept my 3 year I got my 6 and 7 baby baby went to doctors has a upper respiratory infection I don't want 6 and 7 to be around her till she is cleared by doctor can I deny visitation for health concerns I do have custody mother only has visitation

James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

You've omitted some important information. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Family Law for California on
Q: Am I responsible for my husband’s debts? We don’t live together but we are not legally separated.

Hello. I don’t live with my husband for few years but we are not legally separated. Will I be responsible for his credit cards debts, mortgage debts etc? Thank you.

James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

The community is responsible for community debts. You'd need advice though regarding your specific situation. More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What is the legal definition of "extra curricular activities "?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 29, 2022

Examples of extracurricular activities are piano lessons, sports, choir, band, etc.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 29, 2022

Were her rights terminated or did she simply sign over custody in court memorialized in a custody order? Parents’ rights to custody off their child is supreme to anyone provided she shows it’s in the best interest of the child and if there has been a change in circumstances (assuming her... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 29, 2022

It seems unlikely if she has an untreated drug problem and no proper housing for the child.

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1 Answer | Asked in Family Law for Illinois on
Q: What does a parent have to do for a child to be able to legally run away without getting in trouble?

My family is not a good one. I get yelled at everyday for the smallest things. My step mother shoved scissors in my FACE recently and started yelling. Saying how I should not talk back and I should be scared. She threatens to strangle her own baby but gets offended when you think she is actually... Read more »

Cheryl Powell
Cheryl Powell
answered on Sep 28, 2022

No minor can legally run away without getting into trouble. If things truly are as bad as you say, you should go to the police station to tell them what is going on and ask to be placed into foster care. There is a place for all children to go, which is the foster care system if being home is... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I have a cps case that I need help with from a pri bono lawyer because I have no momey
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 28, 2022

If you are a parent of the child and cannot afford a lawyer, you can request that the Court appoint you a lawyer in a CPS case.

2 Answers | Asked in Estate Planning and Family Law for Pennsylvania on
Q: My grandfather left his house to me in his will ,so after the reading of the will can I change the locks on the house
Stephen M. Asbel
PREMIUM
Stephen M. Asbel
answered on Sep 28, 2022

The short answer is no. The house must pass through the estate administration. The executor must first ensure that your grandfather's debts, if any are addressed, that the administrative expenses of the estate are paid, and the required inheritance tax and any other tax obligations that may... Read more »

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1 Answer | Asked in Family Law and Land Use & Zoning for Texas on
Q: I need to see my Father's will..I was granted 20 Acres at 34.2 w 2.20e on Howard county. How is the best way to get it.

My siblings are trying to keep the land, saying I won't be able to make the taxes.

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Obtain a copy from the clerk of the probate court where your father's will is being probated.

1 Answer | Asked in Family Law for California on
Q: Need a California lawyer to assist with issuing a subpoena for to Google -Gmail

I need a California lawyer that knows how to issue successfully a subpoena to Google for my Gmail account, and other Gmail accounts. A person that I know has produce "fake" emails that I never sent, and they never sent me to create false narratives, which became false realities in a... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Few, if any, lawyers are going to agree to just issue a subpoena. A lawyer will want to evaluate your case and, if they accept representation, they take whatever steps are necessary to further/protect your legal interests. [I litigate cases. Anything posted here must not be construed as legal... Read more »

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