Since you say you are not married then he currently has no parental rights to your child. However, if he goes to court and establishes paternity, then he would have rights. However, even after paternity is established the court can make visitation supervised or not at all if he is a danger to the... View More

The required separation period for a no-fault divorce in Virginia is 1 year. If the parties have a signed written separation agreement, and no minor children born or adopted of the marriage, the required separation period is reduced to only 6 months. Ideally, a separation agreement is... View More

Yes, if your mother's estate is being probated without a will and any of her children passed away before her but leaving their own children (i.e. if your brother died before your mother but had kids), then any grandchild by a pre-deceased child inherits under RCW 11.04.015(2)(a).

A... View More

Two very different issues here. One issue is a landlord tenant issue the other is related to child custody. 1) Generally speaking, yes, the homeowners can evict you from their property assuming you are not on any lease or other legal agreement with the property owners regarding your continued... View More

The actual answer is within Ohio's Statute of Descent and Distribution R.C. 2105.06 (C) states that if the person dies the property passes as follows:

"If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is... View More

If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in your to yourself in your new name before a notary public.... View More

If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in yourold name as it appears on the deed to yourself in your... View More

Short version is that I highly recommend that you hire an attorney to prepare the paperwork to make sure it is done correctly as at some point in time in the future you do not want to have someone go back and say the agreement is void or not enforceable because it was not done correctly. If I... View More

When an attorney withdraws, "ineffective communication" is often used as the reason instead of the "real reason" particularly when the "real reason" may be prejudicial to the client. Generally, attorneys should avoid prejudicing their client when they withdraw from a... View More

A dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction. As the petitioner, you had had the burden of proof with respect to each fact necessary to establish your standing. Among other things, you needed to establish your biological relationship to the child, who... View More

Yes, she can but she can only receive child support from the date of (new) filing. Also, the reason(s) she declined child support before may be relevant to the child support amount moving forward----my recommendation is that you at least have a sit down consult with a lawyer in your area to... View More

You need to locate an attorney who practices in the area of legal malpractice in or near the county where the lawsuit was pending. Ideally, such an attorney should also have experience in family law given the nature of the underlying litigation.

You need to gather together a complete... View More

Sharita Blacknall Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

In Texas, you can file a Petition to Adjudicate Parentage before the child is born, but the court will not order a paternity test until after birth. Texas law does not allow courts to compel prenatal genetic testing.

Filing the petition early can help establish your legal interest in the... View More

Ian E. Scott Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

Adjusting status is possible when you marry a US citizen even if you entered on ESTA. Once the I-485 has been filed, the applicant cannot leave until travel authorization has been obtained. Ideally the applicant entered without the intent to adjust but there is case law that could deal with this... View More

Nebraska is one of the states that allows you to file a grandparent visitation action. One of the main statutes is Nebraska Revised Statute 43-1802.

https://nebraskalegislature.gov/laws/statutes.php?statute=43-1802

It isn't clear from the information in your question if you... View More

Document everything g with your therapist and keep an eye out and an ear open for anything else that would disprove the false allegations. I would refrain from discussing any of that with your partner and I would conversely act unfazed, unconcerned and like it doesn’t bother you if she brings it... View More

OK before I answer your question, it’s important to point this out. I don’t know what your personal financial situation is but if you guys cannot satisfy the income test, you can satisfy the asset test if either of you have assets that equal three times the amount of minimum income required.... View More

Sharita Blacknall Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

You can take control of the divorce process by filing for divorce yourself or filing a counterpetition if your spouse’s petition is still open. This allows you to move the case forward instead of waiting on your spouse. Hiring an attorney who will push the case forward can also help prevent... View More

Any business you create in any form during your mariage becomes marital property. Your spouse may not necessarily have "access" in the sense of control, but she would have a claim to half the ownership or at leat half the value of the company. For instance, you can create an LLC and be... View More

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2025

Unlikely. Ohio now allows for post-marital agreements that would govern the terms of a property division in divorce but they are enforceable only in the following situations.

(A) The agreement is in writing and signed by both spouses ;

(B) The agreement is entered into freely... View More