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Family Law Questions & Answers
Q: my wife took my child without my knowledge when I was at work. I don't know where they are. We are matried 4 years.
Leonard R. Boyer's answer
First report it to the police. Second, retain an experienced matrimonial attorney to go over this situation with you and formulate a course of action to resolve the situation. Good luck.
First report it to the police. Second, retain an experienced matrimonial attorney to go over this situation with you and formulate a course of action to resolve the situation. Good luck.
Q: My husband and I have been married for 6 years. I make double the amount of money he does. Will I have to pay alimony?
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
Illinois
on
Answered on Aug 20, 2017
Answered on Aug 20, 2017
Ray Choudhry's answer
It is possible.
A lot of things are taken into account.
If ordered, it would be for a limited amount of time.
It is possible.
A lot of things are taken into account.
If ordered, it would be for a limited amount of time.
Q: Sleeping arrangements by Oklahoma law
Gary Johnston Dean's answer
Sharing a room with your 2 year-old son is OK, as long as you don't have overnight guests while he is there.
Please visit my website at https://GaryJDean.com, and Subscribe on Home Page, to get law updates. Thanks
Sharing a room with your 2 year-old son is OK, as long as you don't have overnight guests while he is there.
Please visit my website at https://GaryJDean.com, and Subscribe on Home Page, to get law updates. Thanks
Q: My Baby's father signed the birth certificatebut we were never married does he have rights to keep my child
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Georgia
on
Answered on Aug 20, 2017
Answered on Aug 20, 2017
Ellaretha Coleman's answer
Signing the birth certificate alone does not give the father custodial or visitation rights.
Signing the birth certificate alone does not give the father custodial or visitation rights.
Q: Can I put mom in mental ward if is mentally ill not taking meds & drug addicted if I believe she is dangerous to others
1 Answer
| Asked
in
Criminal Law, Family Law, Civil Rights and Health Care Law
for
California
on
Answered on Aug 20, 2017
Answered on Aug 20, 2017
William Head's answer
You need a local lawyer. Many related issues MAY need to be addressed, with your mother.
The law protects citizens from being put away, unless they are a danger to themselves or others.
To build your case, get others to observe her behavior, and try to get a competency hearing ordered by a court in CALIF.
You need a local lawyer. Many related issues MAY need to be addressed, with your mother.
The law protects citizens from being put away, unless they are a danger to themselves or others.
To build your case, get others to observe her behavior, and try to get a competency hearing ordered by a court in CALIF.
Q: Can my ex wife refuse to get my daughter a passport so I can take her on a trip even after she agreed to do so?
Tobie Brina Waxman's answer
This question should be asked of attorneys in the state of Illinois. Otherwise, it depends on what your court orders say. It also depends on whether you share legal custody (speaking from my knowledge of CA law)
This question should be asked of attorneys in the state of Illinois. Otherwise, it depends on what your court orders say. It also depends on whether you share legal custody (speaking from my knowledge of CA law)
Q: Needing case history or Family Code Section giving courts authority to Order EEO to an unemployed spouse? (NO children)
Tobie Brina Waxman's answer
I believe the case you are looking for is Gavron. Google "Gavron order" or "Gavron warning"
I believe the case you are looking for is Gavron. Google "Gavron order" or "Gavron warning"
Q: Married but separated for 10yrs. Cant locate wife or child. Last known to live in another state. How do I proceed?
Mr Eric Klein's answer
So long as you have been a Florida resident for at least 6 months, yes, you can obtain a divorce in Florida. Based on the information you provided, the process may take anywhere from six months to a year. I highly suggest you have a skilled attorney do this for you because this is a complex matter as a child is involved. Good luck!
So long as you have been a Florida resident for at least 6 months, yes, you can obtain a divorce in Florida. Based on the information you provided, the process may take anywhere from six months to a year. I highly suggest you have a skilled attorney do this for you because this is a complex matter as a child is involved. Good luck!
Q: I can't provide a home for my child even though I have a job. So I live with my parent's can the other party use that.
Leonard R. Boyer's answer
This is not a basis for a change of custody, although more information would be required to know for certain. If you are worried, you should consult with an experienced matrimonial attorney.
This is not a basis for a change of custody, although more information would be required to know for certain. If you are worried, you should consult with an experienced matrimonial attorney.
Q: My parents co-own a homer in Louisiana for five years..I have lived in that home
1 Answer
| Asked
in
Elder Law, Family Law, Domestic Violence and Real Estate Law
for
Louisiana
on
Answered on Aug 19, 2017
Answered on Aug 19, 2017
William Head's answer
This is not a problem that a quick, online answer can do any good.
First, contact these listed Super Lawyers, to get someone to advise you. Some issues you raise are possibly not something you can prevent. http://attorneys.superlawyers.com/elder-law/louisiana/new-orleans/
This is not a problem that a quick, online answer can do any good.
First, contact these listed Super Lawyers, to get someone to advise you. Some issues you raise are possibly not something you can prevent. http://attorneys.superlawyers.com/elder-law/louisiana/new-orleans/
Q: Summary of dissolution or uncontested divorce??
Joseph Torri's answer
The link should be helpful from the court. http://www.courts.ca.gov/1241.htm
California uses the term judgment and not decree.
The link should be helpful from the court. http://www.courts.ca.gov/1241.htm
California uses the term judgment and not decree.
Q: My husband and I are separated. He left me with the two kids. Has no contact with them at all. Am I aloud to move out of
Regina Irene Edwards' answer
Prior to a case being filed, you are free to move with the children. The caveat is, if there are two married people, they have equal rights to the children, and one party moving with the children is sometimes regarded as depriving the other parent of their children. However, in your case, if he is in and out of prison and hasn't paid child support, the court would most likely not have a problem with you moving. However, you should meet with an attorney so he or she can hear your entire...
Prior to a case being filed, you are free to move with the children. The caveat is, if there are two married people, they have equal rights to the children, and one party moving with the children is sometimes regarded as depriving the other parent of their children. However, in your case, if he is in and out of prison and hasn't paid child support, the court would most likely not have a problem with you moving. However, you should meet with an attorney so he or she can hear your entire...
Q: Does my ex-husband have grounds to file for a modification to our existing custody arrangement based upon who I date?
Regina Irene Edwards' answer
Your ex has a right to file for a modification based upon anything that may affect the children. He probably feels that having a violent man around his children is not the best idea. However, a judge might not find that is enough grounds to change custody. It also matters whether or not you are living with the boyfriend or just dating him.
Your ex has a right to file for a modification based upon anything that may affect the children. He probably feels that having a violent man around his children is not the best idea. However, a judge might not find that is enough grounds to change custody. It also matters whether or not you are living with the boyfriend or just dating him.
Q: Is my ex wife responsible to pay her share of my health insurance deductible %25 of medical bills for my son ?
Leonard R. Boyer's answer
An attorney would have to review your Judgment of Divorce to know for certain. But from the facts you stated, it does not appear to that she is liable for a portion of the deductible.
An attorney would have to review your Judgment of Divorce to know for certain. But from the facts you stated, it does not appear to that she is liable for a portion of the deductible.
Q: If you try to get child support after a DNA test does this give the dad rights as a parent if hes a unfit drunk n drugs.
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Aug 19, 2017
Answered on Aug 19, 2017
Terrence H Thorgaard's answer
No, trying to get child support doesn't, in itself, give him parental rights.
No, trying to get child support doesn't, in itself, give him parental rights.
Q: My mother in law took my children across state lines without my consent and will not give them back what do I do
2 Answers
| Asked
in
Federal Crimes, Family Law and Child Custody
for
Illinois
on
Answered on Aug 18, 2017
Answered on Aug 18, 2017
Q: Can the Court consider a father's abuse of one child as relevant to his parental rights with another child?
Tristan Kenyon Schultz's answer
Yes and no. If the abuse can be established as part of pattern of parenting towards all the children, the general pattern of abuse is considered. However, if the abuse is solely directly towards one child (yes, this does happen), the abuse is generally restricted to only the abused child (this does not apply for proven sexual assault towards a child). Overlapping the issue of relevancy, is general admissibility. That is, the abuse consideration is partial conditional on the ability of the...
Yes and no. If the abuse can be established as part of pattern of parenting towards all the children, the general pattern of abuse is considered. However, if the abuse is solely directly towards one child (yes, this does happen), the abuse is generally restricted to only the abused child (this does not apply for proven sexual assault towards a child). Overlapping the issue of relevancy, is general admissibility. That is, the abuse consideration is partial conditional on the ability of the...
Q: both parents move out of state(2 different states), can the state prior take jurisdiction over the new state filed in?
Aubrey Claudius Galloway's answer
As they both have standing the first order will be effective, and it would be up to the other party to show "a change in circumstances" to get that prior ruling reversed.
So the father is in good shape here. Hire an attorney and file a petition to amend the custody order based on a change of circumstances and that the mother willfully deceived the court by not disclosing the first order.
I'm happy to do a free consultation over the phone on this or an in person consultation...
As they both have standing the first order will be effective, and it would be up to the other party to show "a change in circumstances" to get that prior ruling reversed.
So the father is in good shape here. Hire an attorney and file a petition to amend the custody order based on a change of circumstances and that the mother willfully deceived the court by not disclosing the first order.
I'm happy to do a free consultation over the phone on this or an in person consultation...
Q: If in a relationship for 39 years and separated not married and the other partner receive settlement would I be entitled
Aubrey Claudius Galloway's answer
Probably not. Although I do not believe New York law accounts for common law marriage (which would be your only shot) this is something that we will be able to look into it for you. That said, lawsuit winnings are not part of equitable distribution in a divorce, at least in New York State.
My gut says you would not be entitled to it, but if you would like to give me a call for a free consultation so I can obtain more facts, I will be happy to do a limited, low-cost retainer agreement...
Probably not. Although I do not believe New York law accounts for common law marriage (which would be your only shot) this is something that we will be able to look into it for you. That said, lawsuit winnings are not part of equitable distribution in a divorce, at least in New York State.
My gut says you would not be entitled to it, but if you would like to give me a call for a free consultation so I can obtain more facts, I will be happy to do a limited, low-cost retainer agreement...
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