Family Law Questions & Answers

Q: Hello, my ex has recently gotten married. My concern is that his new wife very openly uses marijuana.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Oct 20, 2017

Only if there is a specific provision in your custody and visitation order (if you have one) regarding drug use as it relates to visitation. What you can do is file a motion to amend custody/visitation (again if you have a custody and visitation order) and present evidence to the court regarding your ex's new wife's marijuana use.
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Q: My mother in law adopted my 3 girls. My rights were ended. The grandmother has passed. Any chance of me gaining custody?

1 Answer | Asked in Family Law and Child Custody for Alabama on
Answered on Oct 20, 2017

This is an Indiana matter. You need to ask an Indiana lawyer.
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Q: My son's father hasn't seen, talked, or anything of that nature to my son for 3months and 2weeks. What should I do? NYS

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Oct 20, 2017

In order for your Fiancé to adopt your child, the father must either agree to give up his parental rights in writing or a basis must be established that would justify terminating the father's parental rights. Under New York Statute, the court is authorized to terminate parental rights where there is a showing the parent abandoned the child. Other justifications include permanent neglect, mental illness, or upon a finding of a significant intellectual disability.

Based on the facts that...
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Q: can I change my son's last name without his father's consent?

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Alabama on
Answered on Oct 20, 2017

No. You should go to Court and terminate the parental rights of the father.
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Q: Can I lose custody of my daughter if at the moment imnot working?Im in a toxic relationship & want out but no job.help

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Answered on Oct 20, 2017

Economics rarely, if ever, factors into custody decisions. Custody orders are based on what is in the best interest of the child. If you are awarded custody, the fact of your employment is simply evidence in support of your need for child and spousal support. Why do you want to share custody with someone you have described as "known to be violent". You need an attorney. If you cannot afford one, you can file a motion with the court asking that the court order your spouse to help pay your...
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Q: Biological father terminated his rights and husband adopted. Can biological father ever regain his rights in Texas?

1 Answer | Asked in Adoption, Family Law and Child Custody for Texas on
Answered on Oct 20, 2017

It will depend on whether the initial termination and adoption was done correctly. Please consult with the attorney that handled the adoption for specific answers.
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Q: I'm 18, my girlfriend is 16, she's pregnant, how do we get married without consent of both parents

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Oklahoma on
Answered on Oct 20, 2017

She is a child. Must have consent. Depending on when the sexual contact began, this could also be a serious crime. Consult a criminal defense attorney.
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Q: I am 17 and have been recently been adopted. I will be 18 in 8 months. Could I legally move out?

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Tennessee on
Answered on Oct 20, 2017

No, under Tennessee law, you are not an adult until you reach age 18, and until that age you are subject to juvenile court jurisdiction for failure to obey your parents as an "unruly' child.
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Q: Ex works 2 part time jobs, can income withholdings and garnishment for 6 years of arrears be sent to both employer?

1 Answer | Asked in Divorce, Family Law and Child Support for Alabama on
Answered on Oct 20, 2017

The short answer is yes, as long as the income withholding orders are not more than the total of the child support.
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Q: Should a prenup be written using the state of residence or the state where the marriage license was obtained?

1 Answer | Asked in Family Law for California on
Answered on Oct 19, 2017

The state in which you will be living with your spouse.
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Q: Can a pardoned felon be a guardian in Arkansas?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Oct 19, 2017

Theoretically, yes. Arkansas law specifies that “unpardoned” felons cannot be guardians. Ark. Code Ann. § 28-65-203.
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Q: If I'm on the birth certificate, as the biological father, can I pick up my child from a grandparents or daycare center?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Oct 19, 2017

You’ll need to file a petition to establish paternity. A birth certificate alone is not enough. You have no right to the child if you were never married to the child’s mother until you establish paternity. Then you can ask for visitation or custody.
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Q: Can my son's father disappear and leave my son with family members/friends if he's the custodial parent?

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Answered on Oct 19, 2017

You should schedule a consultation with an attorney to see if you might have a case for a modification of your current order.
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Q: I recently got in contact with my daughter who is 15 and I haven't seen since she was 9mths...i was unable to find them

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Oct 19, 2017

Have you been legally established as the father? Is your name on the birth certificate? Can we assume that your parental rights were not terminated either by an adoption or a court order? Has there ever been any order with respect to custody of your daughter? You probably should talk to an attorney about these questions and get advice as to what you need to do.

As a practical matter, you can contact the mother and just see if she will let you spend time with your daughter. You...
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Q: selling ancestrial ground

1 Answer | Asked in Family Law and Real Estate Law for Illinois on
Answered on Oct 19, 2017

So, this is in probate court.

That is where you need to bring this up.

Maybe you can buy it from the estate in lieu of your inheritance.
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Q: My ex is trying to get a modification of child support claiming he had the kids exclusively which is a lie.

2 Answers | Asked in Family Law for Colorado on
Answered on Oct 19, 2017

THIS MAY BE A QUESTION OF FACT. WHO CAN PROVE WHO HAD THE CHILD(REN) WHEN. YOU MAY BE ABLE TO COLLECT THE PAST DUE SUPPORT IN THE MEANTIME. YOU SHOULD RETAIN AN ATTORNEY, ESPECIALLY SINCE HE HAS ONE.
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Q: If i make a will and state that i want my children to go to my mother instead of their father will my wishes be granted?

1 Answer | Asked in Family Law and Estate Planning for Michigan on
Answered on Oct 19, 2017

No Father’s rights are superior to anyone you may request by Will or otherwise.
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Q: I am in Divorce court. Can I sue my husband for damages due to blackmail in Civil court at the same time?

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for New York on
Answered on Oct 19, 2017

Probably wouldn't fly. Your case (if filed) would be dismissed.
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Q: how can I keep land my family has owned for 4 generations from being sold

1 Answer | Asked in Family Law and Real Estate Law for Illinois on
Answered on Oct 19, 2017

Need more information.

Who is selling it and why.
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Q: My stepson's 19th birthday is today!! When does the child support stop?

1 Answer | Asked in Family Law and Child Support for Alabama on
Answered on Oct 19, 2017

You need to submit and affidavit to the Court to show that he is 19 years.old. If the is the only child under the order, the support stops. If there are multiple children under the order you have to go back to Court to get the child support stopped.
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