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Family Law Questions & Answers
1 Answer | Asked in Family Law for New Hampshire on
Q: My daughter got pregnant and found out after the fact that the father is an illegal alien.

He has not paid child support in NH since the baby was born and refuses to. My daughter filled out the forms for the state for support, however, they said that since his address is not listed with the post office with regards to him living there, that they can't serve him with papers. He... Read more »

Andrew S. Winters
Andrew S. Winters answered on Dec 5, 2020

If he can't be located your daughter could use the sheriff or professional service process firm to locate and serve him. Alternatively, in some cases a court will allow service by notice through a publication, like a newspaper or even social media. However, they will only. do so if you show... Read more »

1 Answer | Asked in Family Law for New Hampshire on
Q: Can my sons mother move out of state without telling me?

Current custody agreement states parenting time at discretion of the mother and I have had my son overnights every other weekend for years. I have just found out she is packing up and moving out of state without notifying me. I called child services because I was worried for him 3 weeks ago and... Read more »

Andrew S. Winters
Andrew S. Winters answered on Dec 5, 2020

Are you sure there is nothing in the order about relocating? If you look at the court approved form parenting plan, section "F" addresses relocation: https://www.courts.state.nh.us/forms/nhjb-2064-f.pdf

It is possible your parenting plan doesn't include that section but...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Can I request my parents' divorce records? They nvr told me the truth. I just want a straight answer about happened.

Case was in mid 80s Baltimore County (possibly Bmore City). My mother had 'full custody' (according to her) yet my father all my life bemoaned the fact that 'your mother won't listen to me'. He claimed to be helpless, yet if he gave up custody (and paid support) he got... Read more »

Mark Oakley
Mark Oakley answered on Dec 5, 2020

All civil cases are open to the public. You should call the court (family law division) where the divorce was adjudicated and inquire whether they still have the paper file on such an old case. If not, you will need to order it from archives. Once it is at the courthouse, you can go there to review... Read more »

1 Answer | Asked in Child Support and Family Law for Oklahoma on
Q: Do you know the qualification for the lack of providing child support for the child in terminating the paternal rights?

Is it still not complying with the court ordered payments for 6 of the previous 12 months? Also is paying partial payments considered complying or not since the full amount was not received?

Pete David Louden
Pete David Louden answered on Dec 5, 2020

There is no termination of rights unless it is done in an

adoption proceeding. Must show no support and/or no relationship for 12 of the last 14 months to adopt without the consent of the parent. See an adoption attorney to learn more about the process.

2 Answers | Asked in Divorce, Family Law and Child Custody for Kentucky on
Q: I'm a stay at home mom with 3 young children, if my husband wants a divorce can he take my kids from me?

He controls all the money. We only have 1 car and wants to kick me out without my kids. I'm not leaving my kids. I have 2 that are still nursing.

Timothy Denison
Timothy Denison answered on Dec 5, 2020

Hire a lawyer, file first and get some safeguards in place to prevent all those things from happening.

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1 Answer | Asked in Family Law and Juvenile Law for Louisiana on
Q: I’m 17 years old. I’m 3 months from being 18. Can I leave my house and move out without parental consent?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 4, 2020

You can move out without parental consent in 3 months. In the mean time, try to graduate from high school so you can get a job that pays more than minimum wage.

1 Answer | Asked in Family Law for California on
Q: family member moved out and left some stuff behind, if i told them i'd throw out their stuff in 30 days and did, legal?
Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

Probably not. Were they paying rent? Were they on the lease? Were they a tenant? or Were they just a guest that abandoned some property and would not pick it up when reasonably requested to do so? Was 30 days reasonable notice?

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Hello so my ex has kept my daughter from me she has recently served the wrong person which is my father and now has

Full custody . Because those paperwork’s were never served to me what can I do . She has kept my daughter from me lied saying I never reached out or bothered showing up on my pick up dates . What can I do to get my visitation back ?

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

Hire a family rights and child custody attorney to assist you. This cannot be solved on a public forum.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Small Claims for California on
Q: Can the previous owner of a cat take it away after 4 years of abandonment?

I have my cat who I took over care of for when my grandmother died four years ago. Previous to that it was bought for my cousin as a kitten. My cousin left him behind when he moved out of our grandmother's house. Two years later my grandmother died and I moved into the house to take care of... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

This meth addict is taking you to court so he can keep a cat? And his primary witnesses are meth addicts? You might consider getting a restraining order against them for domestic violence in the form of threats. You can choose your friends but you cannot choose your family.

Justia...
Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: Will she be able to get back child support. Even though she intentionally hid my child and their whereabouts. Not on B.C

Wife left almost 4 yrs ago. Weeks before giving birth to our son. I was away on military orders. She moved to a different state had him and didnt put me of the birth certificate. Nor would she tell me where they were or even his exact birthday. She has just recently popped back up with a new baby... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 4, 2020

I recommend you consult with an experienced divorce attorney. My understanding of Tennessee law is child support cannot be ordered while parties are married unless there is a hearing where the Judge orders that in a divorce proceeding. The child support date would start the date the parties... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: Como puedo salir de PR para irnos para los EU y este casada legalmente con el padre de mis hijos y el no quiere ?
Jose Rivera
Jose Rivera answered on Dec 3, 2020

Saludos:

Se hace mediante una petición ante el tribunal mediante de un abogado y existen otros asuntos relacionados a atender.

Si tiene alguna otra duda, no dude en contactarnos directamente. Estamos para servirle.

1 Answer | Asked in Divorce, Family Law, Adoption and Child Support for Georgia on
Q: What forms do I need to file or how do I do a petition in Georgia to reverse a adoption
Homer P Jordan IV
Homer P Jordan IV answered on Dec 3, 2020

Adoption issues are something that you usually can’t do on your own. It would be wise to at least consult with an attorney who can review the facts of the case in detail and present you with the options, as well as provide you with direction for the proper course of action to take.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is there any chance to get custody of a child back when u lost battle when she was a baby?

I lost custody of my child and didn’t have any representation in 2013 the year she was born. She was taken from me and I wasn’t in a great place to get her back. Now I live in Florida and own my own home and am married with two boys. She would have her own room and want her in my life I feel... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 3, 2020

You do not say how you lost custody. If your parental rights were terminated then there may be no recourse. On the other hand, if 100% timesharing was awarded to the other parent then you can go back to court for a modification. Speak to a local family law attorney.

Good luck.

3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: If I take out an order of protection against my ex, who is an attorney, will he get disbarred?

I don't want him to lose his career, but he has harmed me physically, emotionally, and financially throughout our relationship and I want it to stop and I am afraid of him. I believe that an order of protection would be enough to stop his abuse, but I also don't want him to lose his... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 3, 2020

If you file for an OP in family court that is a civil matter and it will not affect his license. However, if he violates the order and gets arrested, then it becomes a criminal matter and if convicted of a felony, he would loose his license.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My ex is in jail. His wife is saying that the custody order is still on. Do I have to send them with her if he's gone?

She's saying it's a violation of our custody agreement if I don't let them go to their house for Christmas break. He's not there, he's in jail and has been for 3 months. I don't feel comfortable leaving them there for 3 weeks without their father present.

Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2020

A judge can consider a person in jail to have voluntarily relinquished their right to possession. Thus, making a person not in violation of a court order.

Please keep in mind what I am saying is general information and is for educational purposes only. You should hire an attorney to assist...
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1 Answer | Asked in Family Law for Texas on
Q: ex is trying to take me to court for paternity year later but she admitted to being married & cheating. What can I do?

Ex is trying to take me to court for a baby I didn’t know she was having in 2019 and it’s been over a year I just got a letter about court during the pandemic. what can I do to have the case dropped?

Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2020

You should hire an attorney to assist you.

If you do not answer the lawsuit timely she will get a default judgment against you. Which means she gets what she is asking for.

You need to get a DNA test to see if the child is yours.

If the child is not yours the case will be...
Read more »

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: A chips case has ended for two of my children. Although the other parent has primary placement and custody at the end

At the end of the hearing the judge granted me reasonable placement for both children. I understand that reasonable placement can mean many different thing but here is my question. If i was awarded reasonable placement , does that not mean in my own home? The other parent is trying to control the... Read more »

Jane E. Probst
Jane E. Probst answered on Dec 3, 2020

Reasonable placement upon reasonable notice is often a vague schedule and only works well if both parties cooperate. You need to attend mediation to negotiate a set schedule. If he refuses to mediate, you should file a Motion to Modify the Order or a Petition to Enforce Placement at which time the... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Good Day, Is their a way i can take a dna blood test for a child I'm on child support for, that i have never saw?

2004 was told by ex girlfriend i wasnt the father of the child. Come September 2014 I got served papers while living in another state. I Filled out the paperwork saying i want blood test for the child. I dont think that I'm the father. Come January 2015, money start coming out of my check,and... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 3, 2020

You need to look at the pleadings that were filed in 2014-15 to see what the determination was regarding paternity. Depending on what they say you may have a problem because you have waited so long to challenge the finding (at least in court). It is very difficult to recover child support that has... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Can my child's father send me money (memo:"child support") through Zelle, when we don't have an agreement yet?

My husband left in August. Since, he left he sends the same amount of money he used to for the mortgage of our house. Therefore, he hasn't really send money for child support. I have realized that when he sends money through Zelle (direct deposit to my account through the phone), it comes with... Read more »

Mark Oakley
Mark Oakley answered on Dec 3, 2020

What your husband calls his payment is not determinative. Your husband may be ordered by a divorce court to pay other forms of support in addition to child support, such as alimony, health insurance, and household maintenance and support. You should not be limiting your court action to a request... Read more »

3 Answers | Asked in Domestic Violence and Family Law for Georgia on
Q: Family Violence hearing. What about our daughter?

I have a family violence hearing next week to extend a protective order against my daughters father. Is there any sort of arrangements that can come from this that would restrict our contact but allow him and our daughter to see one another. I hate to take her away from him, she adores him and he... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 3, 2020

Yes, the court can order parenting time if you ask the judge to. You can ask that the court allow parenting time, but a 3rd party can pick up and drop off, or you can meet at a police station to ensure your safety.

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