Family Law Questions & Answers

Q: My questions deals with custody of my son from my mother.

1 Answer | Asked in Child Custody and Family Law for California on
Answered on Apr 29, 2017

You might be able to take your mom to court in California. An analysis should be done with regard to North Carolina's jurisdiction over the guardianship, if any. The stipulation should also be reviewed closely. However, it certainly appears you may be able to take action to get your son back. More facts are required to provide a thorough analysis.
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Q: Can a certified letter that goes through the mail room, count as the defendant was served?

1 Answer | Asked in Family Law for New York on
Answered on Apr 29, 2017

Maybe. There's more than one way to serve someone in New York and following up with a mailed letter is a component of several different ways to execute proper service. Now would be a good time to retain counsel to answer the summons/complaint/petition before you end up with a default judgment. Defective service is something an attorney can raise in the answer, but more facts are needed to determine if that's a possibility.
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Q: wha legal rights do i have to info about myhusbands income, health insurance, retirement. \

1 Answer | Asked in Family Law for Oregon on
Answered on Apr 29, 2017

Once you file something in the court - like a Petition for Divorce or legal separation, you will have an absolute right to demand copies of all financial documents involved in your marriage - even for things that are in his name only. The court house clerk will give you a copy of the mandatory discovery notice when you file and you include that in the papers you serve on your husband. Filing for divorce will also cause an immediate restraining order to go into effect such that your husband...
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Q: I am a co-trustee with my mother of the of the family Revocable Living Trust and the Sole designee of the Durable Power

1 Answer | Asked in Family Law and Elder Law for Florida on
Answered on Apr 29, 2017

There are too many factors to consider to give you an answer to your question. I strongly suggest that you seek the advise of an estate planning / elder law attorney to give him or her the overall picture so that they can take the same into account in answering your question.
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Q: Can wife refuse her husband when he calls to bed. He never treat his wife as a human but he wants his wife to bed.

1 Answer | Asked in Sexual Harassment, Family Law and Personal Injury on
Answered on Apr 29, 2017

Sounds like she needs counseling, and possibly a p.f.a. and an attorney.A womens shelter will have information on resources for her.
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Q: I haven't seen my brothers children in almost ten years. How can I obtain visitation rights?

1 Answer | Asked in Family Law for California on
Answered on Apr 29, 2017

You can file in court for visitation rights.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: I am custodial parent of a 3 year old in cali .i receive c. support but got employed 2months ago. How do i report

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Answered on Apr 29, 2017

You would have to file income/ expense declarations and related documents in court to seek a modification of child support. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: does someone who waves their preliminary hearing effect their motions that they put in?

1 Answer | Asked in Criminal Law and Family Law for Pennsylvania on
Answered on Apr 29, 2017

You would only waive your preliminary hearing if you are planning on pleading guilty or applying to diversionary programs. Otherwise, you would want to have the preliminary hearing as the witness testimony from the hearing could be helpful at subsequent motions hearings and trial. You still have the right to file motions, but you would be at a disadvantage. Motions should typically be filed shortly after arraignment in an omnibus motion, but sometimes they are filed closer to trial as discovery...
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Q: My son is two months born in California the fathers name is on birth certificate but we are not married. He was arrested

2 Answers | Asked in Family Law for California on
Answered on Apr 28, 2017

The answer to this question requires a thorough consultation since many variables come into play. If there is a case filed with the court, automatic temporary restraining orders would prohibit a parent from moving out of state with the child. However, a parent might take some risks if there is no case, but still be subject to jurisdiction in California. The birth certificate issue is not a huge issue since fathers can file paternity cases and ultimately get on the birth certificate. More facts...
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Q: Someone I know has been sending me harassing emails, over 25+ in the last 2 mo. a comment on my FB business page

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Internet Law for Illinois on
Answered on Apr 28, 2017

Harassing emails may entitle you to an order of protection.

The settings on Facebook may allow you to block a specific person.
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Q: Original court agreement states support & insurance done when she's 18,mother seeking father to pay insurance til age26

1 Answer | Asked in Family Law and Child Support for Illinois on
Answered on Apr 28, 2017

Mother can file a petition seeking to have it modified beyond age 18 if she is going to college. Otherwise, the agreement that says terminate at age 18 controls.
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Q: can my 16 year old live with me at my parents house even though there is a restraining order against me?

1 Answer | Asked in Family Law for Oregon on
Answered on Apr 28, 2017

You really need to see an attorney to have them interpret the restraining order to make sure that this is OK. You will go to jail if you violate the restraining order. One thing is clear, you can't be alone with your daughter so that could be tricky if you moves in and your parents are there all the time. I would talk to an attorney and you might need to file a motion to modify the restraining order. The better thing to do would be to file for custody of your daughter as part of getting...
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Q: Do I have to get a lawyer in FL to change the death certificate. Thank you for your help.

1 Answer | Asked in Family Law and Probate for Florida on
Answered on Apr 28, 2017

You will want to bring a Petition to Amend Death Certificate in the probate courts. I've not done this without first opening the estate so I can't be sure it will be permitted but if you can afford to do so, it can't hurt to try. If you have to open the estate first, you'll likely need an attorney.
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Q: i was my uncle's PR,, I have paid in attorney fees, more than his estate is worth. How can I end this mess?

1 Answer | Asked in Family Law and Probate for Florida on
Answered on Apr 28, 2017

No other attorney can really comment on the fees you've been charged because we aren't privy to the representation agreement you signed nor the amount of work that was involved.

That said, if there are no further tasks that remain, you could try to set a hearing date with the court and explain your situation. I can't promise this will end your case but the judge will likely ask your attorney what tasks remain and accelerate some kind of activity towards closing out the case....
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Q: Hello, my wife left with my children and is refusing to allow visitation. What are my rights currently in New Mexico?

1 Answer | Asked in Family Law for New Mexico on
Answered on Apr 28, 2017

You would have to file a divorce action and ask the Court to allow you time with the children. If the Court issues an order regarding visitation, both of you would have to obey the order or risk being punished by the Court.
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Q: If I am married for 9.5 yrs am I entitled to half of my spouses military retirement

1 Answer | Asked in Family Law for New Mexico on
Answered on Apr 28, 2017

No. You would be entitled to 23.75% of your spouse's post-retirement military pay assuming that your spouse retires after exactly 20 years of service. The government will not pay your portion directly to you unless you are married for 10 years but the Court can direct that your spouse pay you directly or can even award a lump sum in lieu of future payments if the Court believes that is equitable.
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Q: Hi my question is: How do I go about having custody of my son 50/50?

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on Apr 28, 2017

You would have to file a motion with the Court asking the Court to award you time with your child. The Court will take into account everything that is relevant.
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Q: What does "...the other parent shall cooperate in obtaining the same" mean? (see more information) Thank you!

1 Answer | Asked in Family Law for New Mexico on
Answered on Apr 28, 2017

The statement means that the other parent would be obliged to cooperate in filling out the paperwork. It does not say anything about who would keep possession of the passport. That would have to be determined by the Court.
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Q: what can happen to a 13 for having sexual conduct with a 7 year old

1 Answer | Asked in Criminal Law and Family Law for Texas on
Answered on Apr 28, 2017

The 13 year old could be charged with sexual assault of a child. You should retain a lawyer as soon as possible to ensure that he asserts his legal right to remain silent.
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Q: Do I have to make my son attend a sport he hates?

1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Answered on Apr 28, 2017

If the parenting plan form says you have joint decision making on extracurricular activity, and the father signed the child up without your joint agreement, HE has violated the order and he may be in contempt. Proving that in court may be difficult, especially if the boy played last year- the father will claim you already agreed to it. The boy needs to communicate with his father that he does not like baseball.
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