Family Law Questions & Answers

Q: My father passed away without a will in the state of Georgia

1 Answer | Asked in Family Law, Estate Planning and Probate for Georgia on
Answered on May 27, 2018
Robert W. Hughes Jr.'s answer
She can access any accounts on which her name appears. Likewise, she can access the units if her name is on the storage unit rental. If it is not, you can send the storage facility a copy of his death certificate and ask them to restrict access until an Administrator is appointed. You and your siblings should file to have one of you appointed as administrator of the estate. The spouse will be entitled to 1/3 of the estate plus any accounts on which her name appeared plus an amount for year's...
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Q: Can my kids father take her from me if I’m dating someone with a dv3 harassment charge? Even if the charges were dropped

1 Answer | Asked in Family Law for Alabama on
Answered on May 27, 2018
Mr. James Parrish Coleman's answer
It is not something that is "cut and dried" but evidence of violence on the part of your live in boyfriend will certainly go against you.
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Q: I have sole custody. Do I have to let the other parent know legally who is around or watching my child at all times?

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Answered on May 27, 2018
Stewart Whaley's answer
What does “did a paternity mean?”

My guess is a paternity test...

You don’t HAVE to tell him anything.

Unless paternity has been legally established (one of you has to bring a law suit), he has no rights, basically.

https://whlawoffices.com/establish-paternity/
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Q: My ex wife has cut me off from my son for 5 yrs moved once,changed his school twice,all without notifing me.

1 Answer | Asked in Divorce, Family Law and Child Custody for Alabama on
Answered on May 27, 2018
Mr. James Parrish Coleman's answer
First, you should ask your attorney. You need to give some facts here. Have your parental rights been terminated? Where you ever married to this woman, was there ever an adjudication of paternity in you? Was she married to someone else? Provide some facts and one of use may be able to tell you what is going on.
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Q: Can I file charges on my husband for harassing calls,texts, calls to my job, all because I'm filing for divorce?

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas on
Answered on May 27, 2018
Grant St Julian III's answer
You mat fike an incident report with local police. The detective assigned to the case will determine if charges will be filed. Good luck
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Q: I lost custody of my daughter when she was 7 but now she is 16 and wants to live with me, what can I do if anything?

1 Answer | Asked in Family Law for Texas on
Answered on May 27, 2018
Matthew Valley's answer
Without knowing why you lost custody, I would recommend getting a consultation with a local family lawyer. Depending on the facts of your situation, you may be able to modify the previous orders of the court to allow for your daughter to reside with you.
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Q: My grandson is 6, his mother was never married to the biological father.

1 Answer | Asked in Adoption and Family Law for Georgia on
Answered on May 27, 2018
Homer P Jordan IV's answer
After the child has been legitimized, the biological has rights, even if the mother does not want him to see their son. The court will make rulings regarding child custody after reviewing the facts of the case. You may want to consult with an attorney who can help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
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Q: I’m currently pregnant and separated from my husband. If I file for divorce but he is unable to be served

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Answered on May 27, 2018
Homer P Jordan IV's answer
You have a lot going on here and there are numerous facts to your case that will need to be evaluated in detail. You should consult with an attorney who can review the facts and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
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Q: My ex husband has consistently harassed me for 8+ years. He is often cruel and threatens to take our son.

2 Answers | Asked in Family Law for Georgia on
Answered on May 27, 2018
Regina Irene Edwards' answer
If your husband has filed a custody case, you need to contact an experienced family law attorney to discuss your case. If he has only seen him 1-2 times per year, it is unlikely the court would grant him custody. You also may be eligible for an increase in support if his income has increased.
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Q: Can ex lower already low payments without a court order because 2/3 children graduated? Especially if he owes back pay?

1 Answer | Asked in Family Law and Child Support for Louisiana on
Answered on May 26, 2018
Ellen Cronin Badeaux's answer
No. You need a child support lawyer to file for contempt.
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Q: I’m 7 months pregnant (not married) my long term boyfriend who is a truck driver wants to leave me and he has made

1 Answer | Asked in Family Law for Pennsylvania on
Answered on May 26, 2018
Kathryn Hilbush's answer
Unfortunately, you can't file before the baby's born. If he eaves after the baby's born, you can still file but at some point you're going to have to get a location on him to have the papers served. Domestic Relations may be able to track him through their ability to check on his earnings through Social Security. Otherwise, it will be on you to find out his address. I suggest that you discreetly gather up names, addresses and phone numbers for his contacts and employer.. They may be able to...
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Q: When can you file contempt for a parent going against a custody order?

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Answered on May 26, 2018
Ellen Cronin Badeaux's answer
He needs to hire a custody lawyer to file for contempt.
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Q: I have joint custody with my ex husband and domicilliary rights over our 13 year old daughter. The Stipulated Judgment

1 Answer | Asked in Family Law for Louisiana on
Answered on May 26, 2018
Ellen Cronin Badeaux's answer
Call the police and report the kidnapping.
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Q: In New Jersy What are adverse consequences of an established findings of child abuse?

1 Answer | Asked in Family Law for New Jersey on
Answered on May 26, 2018
Leonard R. Boyer's answer
Yes, of course they can be barred from working with children. I have no clue what you mean by not substantiated but established? There are too many civil and criminal charges to list. Having a criminal record will ruin your life.
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Q: There has been a ongoing custody agreement for a few years that the custodial parent never abided by

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Answered on May 26, 2018
Ellen Cronin Badeaux's answer
Yes his attorney can still file for contempt.
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Q: My grandparents both had legal custody of me, do I have any rights to my grand father?

1 Answer | Asked in Child Custody, Child Support, Family Law and Estate Planning for Florida on
Answered on May 26, 2018
Terrence H Thorgaard's answer
Are you asking about the right to inherit from your grandfather? His estate goes to his descendants, which would include your uncle and any other of your grandfather's children, as well as to his grandchildren.
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Q: How do I legally use my married name before my on process i751?

1 Answer | Asked in Family Law and Immigration Law for Connecticut on
Answered on May 25, 2018
Carl Shusterman's answer
Since you updated your name on your I-751, there is no immigration law issue. You need to talk with the SSA and the DMV about how to update your name on your SS card and your drivers license.
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Q: My husband whom I’m separated from lost our house due to selling drugs

1 Answer | Asked in Family Law for California on
Answered on May 25, 2018
Tobie Brina Waxman's answer
What's your question?
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Q: what form to i need to fill out to get guardianship and concervatorship of my adult son

1 Answer | Asked in Family Law for Arizona on
Answered on May 25, 2018
Peter H. Westby's answer
You can visit the Maricopa County Superior Court website and find the section with forms. You will find guardianship forms and they come with instructions. This is not a matter of filling out a simple form. It is a court proceeding and you may need assistance. I strongly recommend that you consult with an attorney before taking action.
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Q: Do you have to be served for custody petitions, divorce papers, or anything related to visitation as we are separated?

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Answered on May 25, 2018
Regina Irene Edwards' answer
Yes, he has to be served. If you do not know his address, you will have to prove you have diligently attempted to find it prior to service by publication.
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