Family Law Questions & Answers

Q: Can I take my child out of state or the county. With out other parents permission or can he?

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Sep 25, 2016

You have to get a court order to relocate greater than 50 miles. You should hire a lawyer to represent you in the case.
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Q: Can I keep my kids out of school for 4 days My wife is cheat I left her took kids Did not want her to run with them

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Sep 25, 2016

Do not keep them out of school. File for divorce asap. You should hire a lawyer to represent you in the case.
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Q: im going through a divorce and my baby daddy/ ex husband wants to take our son to his gf family reunion and hasnt even

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Sep 25, 2016

You should file for divorce and get a custody order in your favor. You should hire a lawyer to represent you in the case.
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Q: What happens when dcf asks you to take a drug test and you don't go

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Answered on Sep 25, 2016

Unless they have some type of warrant or court order then you are not under any duty to comply. You should hire a lawyer to represent you in the case.
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Q: when is it legal that I can lock my wife out if she leaves me

1 Answer | Asked in Family Law for Florida on
Answered on Sep 25, 2016

File for divorce asap and get an order kicking her out.
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Q: My baby god parents trying to take my son cause we move away

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Sep 25, 2016

They do not have any sort of a case. Simply ignore her rantings.
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Q: Should I subpoena the Petitioner's attorney instead (using pleading paper) to bring his bank statement to court?

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for California on
Answered on Sep 24, 2016

You would not subpoena the attorney for them. You could send a document production request via discovery for the bank statements and whole food receipts. However, that does not mean your ex will produce them. He or the attorney could object and it would be on you to demonstrate sufficient good cause to compel the production of the statements and receipts. Demonstrating sufficient good cause is difficult. You may be better off trying to prove your ex's alcoholism by some other means than how he...
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Q: Divorce/Child Custody/Spousal Abuse?

1 Answer | Asked in Family Law for California on
Answered on Sep 24, 2016

Look up Domestic Violence Restraining Orders. Your chance of getting one granted will be better if the abuse was more recent.
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Q: Spousal support payments of $1000 were no problems until a job demotion, which lowered my income 1/2 & can be modified?

1 Answer | Asked in Family Law for California on
Answered on Sep 24, 2016

In general, yes. A change in circumstances is what is required to get a court order modified. A loss of half your income would seem to me to qualify. Be prepared to show how the half you lost can't be replaced real easily (i.e. it is not just a matter of you getting another job).

In rare cases, I have seen court orders for support be non-modifiable. If this is your case, then you may not be able to get your support changed.
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Q: No proof of Service attached to Request for Production, how do I know this is involved with the courts.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Answered on Sep 24, 2016

Discovery requests like what you appear to have received are not filed with the court. They are not issued by the court and do not go through the court at all. There's no way of knowing whether the October 13 expiration date you mention is indeed the right one without seeing the documents you have. Discovery can and often is served without any future court dates set.
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Q: if I agreement with wife i see my every week and she wont let see my kids what can do to get honor agreement

1 Answer | Asked in Family Law for Colorado on
Answered on Sep 24, 2016

If you need to enforce the agreement, the you will need to pursue the action in court. If the custody matter is still pending, this may be a topic for a temporary order request.
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Q: Can my name be used in a custody court of kids that are not biologically mine without my consent?

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Sep 24, 2016

It is hard to answer this question without knowing what you mean when you refer to your name being used. I'll assume that you are not a party to the custody action. If you are a member of a household that includes one of the parents, your name will certainly be mentioned, and you may be asked to testify at a hearing. There are some cases where one of the parents asks that some restriction be placed on the other parent's partner's contact with the children. What a court might do depends on the...
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Q: There are three children in my home That do not attend school and are not home schooled. What are the laws in florida?

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

Florida truancy laws are here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1003/1003PartIIContentsIndex.html&StatuteYear=2016&Title=%2D%3E2016%2D%3EChapter%201003%2D%3EPart%20II

You indicate that the children are in your home, but it is not clear whether you are their parent or what. You probably should report the situation to your local school board or the principal of the school where the children should be attending.
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Q: How long can someone get child support after child is returned from DCF custody even if they still have temp custody

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Answered on Sep 23, 2016

The Court would want you to have a custody order most likely.
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Q: How do I make a motion to change venue in Allen County IN? Where can I find the form?

1 Answer | Asked in Divorce and Family Law for Indiana on
Answered on Sep 23, 2016

I do not believe you will find a form Motion to Change Venue on the State website. Contact your lawyer, express your desire to change venue, and he or she can take it from there.
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Q: If there is no support order in place is the non custodial parent obligated to pay child support?

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

Yes and no. A court order is required to formally enforce any and all terms of a custody and separation agreement. However, if the parties have reached an out-of-court agreement, the court MAY adopt the previously agreed upon terms. If the negotiation process has broken down, you may have a "contested" case. Contact a family law lawyer for advice and guidance.
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Q: my daughter is now 27 have been trying to get arrears somewhat caught up for along time GA. ordered him to pay 2,000 for

1 Answer | Asked in Family Law for Florida on
Answered on Sep 23, 2016

You write that " they [the Georgia child support agency, I take it] told me I had to go where I live in Fl to reopen ...". Contact the Florida Department of Revenue. Their website is here: https://childsupport.state.fl.us/Public/IntroductionRD.aspx

Perhaps they can talk to the Georgia agency and get answers.
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Q: What are the consequences of a mother with children under 5 coming home drunk in the 3/4am.

1 Answer | Asked in Family Law, Car Accidents and Child Custody for California on
Answered on Sep 23, 2016

It can be reported to the police. It also appears to be child endangerment and many other things. Suggest you either report it to the police or to Children and Youth.
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Q: Would I be entitled to some or any of my ex-wife's 401K, even though I didn't ask for it in the divorce?

1 Answer | Asked in Family Law for Tennessee on
Answered on Sep 23, 2016

No, sorry. Some obligations remain modifiable after the divorce is over ( like alimony and child support) but the "property division" is not. Once the case was over and the appeal time expired, that division is "final" and can't be re-negotiated. Once possible exception would whether your ex-wife concealed or failed to disclose this asset or otherwise engaged in some fraud or deceit. If you can prove this information was withheld, you might have a chance. However, it sounds like you didn't have...
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Q: if im sixteen and pregant and im on probation and i runaway what will happen?

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for New Hampshire on
Answered on Sep 22, 2016

Running away will make it worse. Stay put and get an attorney. If you are indigent, the court can appoint an attorney. What kind of life do you expect to live as a young, pregnant runaway?
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