Family Law Questions & Answers

Q: I am asking for temporary relief to be able to see my 1 year old son, Will the court let me see him?

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Answered on Aug 24, 2016

If your attorney has made a motion for the temporary relief and requested that you be awarded temporary timesharing with your child, the motion must be called up for a hearing. Each case is unique and while its important that you speak with your attorney about the likelihood of you being awarded temporary timesharing with your child.
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Q: final judgement for child support was based on minimum wages for the state of Fl, 3 months missed since. what is next?

1 Answer | Asked in Family Law for Florida on
Answered on Aug 24, 2016

Your first step would be to file a Motion for Contempt regarding the missed payments and any other obligations he has not maintained via the order. When filing a Motion for Contempt, it is important to state particularly how the other party is in contempt. You may find it beneficial to seek the assistance of an attorney.
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Q: My boyfriend and I just broke up and he's threatening me not to tell anyone about certain things he's done.

1 Answer | Asked in Family Law for Florida on
Answered on Aug 24, 2016

He's threating that, should you tell people about what he has done, that he will do certain (presumably harmful) things to you? Depending on what he has threatened to do, yes you can probably get a restraining order.
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Q: Can these lawyers here defend someone who's ex wants jail time for medical bills we cannot afford fly to Co in short tim

1 Answer | Asked in Family Law and Child Support for Colorado on
Answered on Aug 23, 2016

More information is needed to answer this question. If there are orders to pay bills and the bills were not paid, she has the right to seek relief from the court. If she never provided the bills and was required to do so before seeking payment, then he has a defense for not paying. You might consider filing a motion with the court asking to appear by phone. If this is a contempt of court proceeding a court may not grant that. Failing to appear could result in a warrant being issued for his...
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Q: If I put unknown 4 father on BC but he pays child support do I need his permission to give temp custody to my father?

1 Answer | Asked in Family Law for Colorado on
Answered on Aug 23, 2016

Regardless of what is listed on a birth certificate, a court will generally want to know that you made efforts to include the father and/or serve him with papers. Additionally, for him to travel out of the country with your father I presume you need a passport. Maybe you already have one? You might consider trying to discuss the issue with the father first. You could also file for custody, including an agreement with your father, filed with the court, giving him temporary custody and...
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Q: I have a younger friend who's parents got recently got divorced. Can she seek for her mother to have physical custody?

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Answered on Aug 23, 2016

This matter is best handled between the parents. Your friend should inform one of both of her parents of her wishes. Be aware a child's desire is a factor that a judge will consider, but there are a lot of other factors. In other words, if joint custody is the way the judge is leaning, the child's wishes are considered, but will not force the judge to change his/her mind. Also physical custody just mean that a parent has physical powers/control over the child. In think you are asking about sole...
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Q: Can I keep my son?

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Answered on Aug 23, 2016

Contact a family law lawyer. I leave the choice to you on whether you want to not follow the parenting plan (i.e. keep the child until adjudication is complete). For your general information, a parent may violate a parenting plan if there is a reasonable belief that the child's health and safety is at risk. Be aware that if you choose to keep the child the father can seek court action to compel you to transfer the child. Where he will do this is another matter...
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Q: How do I protect my daughter's rights when her father has a second child out of wedlock?

1 Answer | Asked in Family Law and Child Support for Georgia on
Answered on Aug 23, 2016

I completely understand your concern. The best thing for you to do is to: (1) speak with an attorney; (2) request a consultation; and (3) provide the confidential information needed to the attorney. During your consultation, you can learn your rights, if any and your daughter's rights in this situation.
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Q: can my wife keep my son from me, she says that I don't have any rights to him and what she says goes, is that true?

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Answered on Aug 23, 2016

It is difficult to provide you a definite answer as to your parental rights. This is a good forum to get some information, but I highly suggest that you speak with an attorney one-on-one, so that you can provide more confidential information. Often times when a relationship between the parents get a little sticky, visitation as to one of the parents suffers. Contact and hire an attorney.
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Q: Me and my child's father moved to GA 10 months ago. In Michigan I received full custody. How do I file for joint custody

1 Answer | Asked in Family Law for Georgia on
Answered on Aug 23, 2016

I would suggest that you seek legal counsel to make sure that you can file for joint custody. Also having an family law attorney will ensure that you follow the proper process. Filing for joint custody should be done properly. Seek counsel. I personally think that agreeing to joint custody is the best way to coparent. Good luck!
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Q: Estranged husband is hoarding my postal mail. Is this a crime? How do I pursue it?

1 Answer | Asked in Criminal Law, Federal Crimes and Family Law for Pennsylvania on
Answered on Aug 23, 2016

"can't....for tax reasons? may want o talk to a cpa. Talk to your divorce attorney. Generally, court orders to do things like forward mail don't work well. Sugest you list everyone you'd expect mail from--especially those who'd send you end of the year tax forms--and have them send it to you directly. Don't know who won't accept PO boxes besides FedEx, etc..
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Q: Does Dyfs suppose to help you with housing if your homeless with your kids and your case is still open

1 Answer | Asked in Family Law for New Jersey on
Answered on Aug 23, 2016

The DCPP (which is the current name for DYFS) does not handle housing. You need to contact the Mayor of your town and various charities. Good luck.
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Q: My wife is divorcing me. Do I have to pay alimony if she is the one who wants the divorce?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Aug 22, 2016

Yes. The laws regarding alimony are the same no matter who wants (or doesn't want) the divorce.
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Q: If I make less than my ex wife does do I still have to pay child support?

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Answered on Aug 22, 2016

Without knowing more facts, the general answer to your question is YES. However, Illinois is soon to change to the incomes shares model of child support, which means that both parents will have to contribute to child support commensurate with their incomes.
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Q: My ex and I live in Illinois and share custody of my daughter.

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Answered on Aug 22, 2016

You have to petition the court for permission to remove the child to another state. There are certain criteria that the court uses to balance your right to leave versus your ex's right to the parenting time he or she has now. Without knowing more facts, you have an uphill battle. The "good job" argument is likely to be insufficient.
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Q: Do grandparents and aunts/uncles have rights to the child if the parent signs away his rights?

1 Answer | Asked in Child Custody and Family Law for Connecticut on
Answered on Aug 22, 2016

Consult with a probate for family law attorney regarding your legal rights to see the baby.
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Q: What's the difference between a commissioner of the court and a notary?

1 Answer | Asked in Family Law for Connecticut on
Answered on Aug 22, 2016

All that means is that an attorney - who is called a Commissioner of the Court - notarized the statement.
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Q: Is this deal possible?

1 Answer | Asked in Family Law and Child Support for Colorado on
Answered on Aug 21, 2016

Repeat question. See prior answer.
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Q: Is this deal possible?

1 Answer | Asked in Family Law and Child Support for Colorado on
Answered on Aug 21, 2016

There is a difference between the technical rules and the unofficial rules. Technically, you (or more accurately your mother) is due the full amount PLUS interest PLUS penalties. Non-payment for 15 years+ will allow wage garnishment, garnishment of tax refunds, the freezing of ALL of his bank accounts, and loss of all state authorized licenses (e.g. a driver's license). Rarely (but I have seen it happen), your father will be placed in jail until he offer a reasonable payment plan to the court....
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Q: If a custody agreement is modified so both parents have equal time with the child, is there still a support obligation?

1 Answer | Asked in Child Custody, Child Support and Family Law for Rhode Island on
Answered on Aug 21, 2016

http://www.cse.ri.gov/documents/admin_order2007_03.pdf in some cases, yes. Meet with a family court attorney to go over the calculations.
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