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Family Law Questions & Answers

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and White Collar Crime for Illinois on

Q: How to get phone records as evidence in a child neglect case

My grandson's father's parents are claiming neglect against my daughter and their son DCFS is involved & I am trying to collect evidence to prove that they have lied and manipulated my daughter & DCFS into not only investigating the accusations but not notifying my daughter or myself until the... Read more »

William Wolf answered on Jun 24, 2019

These are questions to address with your daughter's lawyer. Ask to make an office appointment with that person, and then make that appointment.

I have seen too many cases where well meaning parents start playing the role of defense investigator for their child. These people are all well...
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2 Answers | Asked in Family Law for Louisiana on

Q: I am a grandmother ,I like in lousiana. Do I have rights to visitation?

Ellen Cronin Badeaux answered on Jun 24, 2019

This is the 3d time you have asked this question. You need to have a consultation with a custody lawyer to review the details of your case. There are many variables involved.

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1 Answer | Asked in Family Law and Child Support for Texas on

Q: How to stop a childsuport increase

I

Rahlita D. Thornton answered on Jun 24, 2019

Gathering all of your evidence about your current income and how it has changed from the intial determination is where you should start. If it has changed substantially then you probably won't be able to stop any increases. In case you have had another child since the initial order be sure to... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on

Q: My ex is getting custody of my oldest child, he is not biologically his. How do I stop this?

Ex husband was very abusive, reports and rrests on dv. Bc of a recent case with hhs and drug use (children not exposed in any way via proof hair follicle test) Temp guardianship was given to my parents. The ex, who was just released from jail on the exact same charges as me after being completely... Read more »

Julie Fowler answered on Jun 24, 2019

You may want to take a look at the Nebraska Supreme Court case at Cesar C. v. Alicia L, 281 Neb. 979 (2011). In this case, the mother and non-biological father signed a notarized acknowledgment of paternity (the document signed that puts a father's on a birth certificate) stating that the... Read more »

1 Answer | Asked in Immigration Law, Family Law, Child Custody and Juvenile Law for Ohio on

Q: Can a permanent resident get emancipated without fear of deportation?

I’m a minor who wants to be emancipated when I graduate at 17 and 4 months old. My father and I are permanent residents. If I can completely support myself by graduation and petition the court for emancipation, will I have a chance for them to allow it? Will I be an illegal immigrant then because... Read more »

Joseph Jaap answered on Jun 24, 2019

Ohio does not provide for emancipation in most situations. Here is more information:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

When you turn 18, you are then legally an adult. Use the Find a...
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1 Answer | Asked in Divorce, Family Law and Adoption for Ohio on

Q: I am married but I also pay child support and there is no court order is it legal for her to keep my children from me?

I live in celina ohio my wife currently keeps the kids from me for long periods of time like hides for no reason. She currently moved out of this trailer and her neighbors said a bunch of crazy things about her and what happened when she lived there but any ways. There is No court custody agreement... Read more »

Joseph Jaap answered on Jun 24, 2019

If there is no court order for custody, then each married parent has equal rights to the child. Use the Find a Lawyer tab to retain a local family law attorney to review your situation and advise you of your options.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Ohio on

Q: Me an my wife are technically still married she has not let me see my child talk to or let me know if he is ok

Ia this legal...she supposely went an filed harassment charges on me but i have yet to get any paperwork.. It has been over 3 weeks since ive seen him an she also wont let me get any of my daughters cloths or childhood things that mean alot to her. She sold all of my mowers weedeaters mini bikes... Read more »

Joseph Jaap answered on Jun 24, 2019

Use the Find a Lawyer tab to retain a local family law attorney who can review the situation and advise you about filing for divorce and getting temporary orders so you can see your child.

1 Answer | Asked in Family Law and Banking on

Q: What will be a punishment for my father's mistress who get all his money,atm cards,wallet,and all his id's?

She even try forged my father's signature to get the money from him

Bruce Alexander Minnick answered on Jun 24, 2019

Lawyers are very intelligent and highly trained--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe and unable to opine on your current dilemma.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on

Q: FLORIDA: Does a Contempt of Court have to be filed for each similar incident after initial is filed?

Motions have been filed for four different things and non-custodial has now done two of them again. Just filed earlier in June, so no communication from court yet. (E.g. leaving the state without proper notice or not even saying that they were out of state a couple days). Thank you.

Rand Scott Lieber answered on Jun 24, 2019

Depending on how different the issues are you can file a supplement to your motion adding the additional incidents. It is not required.

1 Answer | Asked in Family Law for Ohio on

Q: My 16 year old daughter wants to live with me, but her mother has been the resident parent since she was little.

My daughter has decided that she wants to live with me. Her mother is putting her through a unstable living arrangement. I was wondering the procedure in Ohio for changing custody?

Joseph Jaap answered on Jun 24, 2019

You would have to file with the court for a change in custody. The court would determine what is in the best interest of the child. The court can take into consideration what she wants, but not liking to live under her mother's rules would not be sufficient. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Child Custody and Family Law for Tennessee on

Q: Can my sister get custody of her daughter back from me if she was charged with severe Child abuse?

She has 5 kids ages 13y-6m and lost each one in the first year of their life and has nothing to do with none of them. She has seen the one I have in over a year and half.

Bennett James Wills answered on Jun 24, 2019

An attorney would need many more facts to answer your question. She could probably file for custody - whether the court would grant her petition is another issue. Consult local counsel to address your concerns.

1 Answer | Asked in Civil Litigation, Estate Planning, Criminal Law and Family Law for Tennessee on

Q: Regarding caregiver and heir Tennessee Estate

Last 4 years of my fathers life I took care of him by doing anything and everything that a person who can barely walk and who can’t drive needs to have done. My dad told me that If I did those things I could live with him rent free and he’d help me with anything I needed. Year one I helped... Read more »

Mr. Kent Thomas Jones Esq. answered on Jun 23, 2019

There are a lot of considerations in this type of situation. If you have an advanced directive, which is essentially a power of attorney for health care, and a regular power of attorney for financial issues, that will help. The next consideration is nursing home care, and, statistics show that a... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: Terminating Parental Rights.

My sister has two children aged 5 and 3. My wife and I are wanting to take the 3 of them to Europe with us this Christmas, problem is finding the "father" to get the kids passports. The attorney general cannot find him to collect child support either. He hasn't seen or contacted the kids in 3 years... Read more »

Elaine Brown answered on Jun 23, 2019

It is difficult to terminate parental rights without abuse grounds or a voluntary termination by the parent. It may be done but it is often an expensive process. I would suggest talking with your sister to see how she feels about a termination action. The next step would be to find a family law... Read more »

4 Answers | Asked in Child Custody and Family Law for Georgia on

Q: How does a father apply for custody of his child that the mom let move in with another family member.

My husband and his ex wife divorced in 2004 she got custody in the divorce and he was granted visits and child support for years the children were allowed to visit only at her convenience sometimes wouldnt allow visits for months my husband has continued to pay his support.well he was just informed... Read more »

Regina Irene Edwards answered on Jun 23, 2019

The father can file for custody. He needs to talk with an attorney about this, as he has to sue both the mother and the people the children are living with.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on

Q: Child's father owes so much back child support. He told me he plans on telling judge he paid it, I'm lying and he has...

misplaced all of his receipts. I raised my daughter for 11.5 years without any help. Now she wants to love with him so she can be around her new baby sister. He's enforcing child support on me. How can this happen when he still owes me at least 6 years back support that he never paid and can't... Read more »

Regina Irene Edwards answered on Jun 23, 2019

You need to talk to an attorney about your specific situation. After reviewing your court order and reviewing the evidence, you may be able to proceed with a child support contempt action.

1 Answer | Asked in Family Law for Louisiana on

Q: I was granted visitation of my granddaughter because my daughter was in jail but is now out and the father not allowing

her to come can we hold him in contempt of court?

Ellen Cronin Badeaux answered on Jun 23, 2019

The judgment needs to be reviewed by a custody lawyer and more details obtained to answer your two questions posted.

1 Answer | Asked in Family Law for Louisiana on

Q: How does grandparent rights work in Louisiana?

Ellen Cronin Badeaux answered on Jun 23, 2019

Your question is too general to answer. Parents have the right to deny a grandparent visitation except in case of neglect, divorce, separation, death, incarceration, hospitalization of one parent. If the parents are still together and both want to deny the grandparent visitation, they can.... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Child Support for Texas on

Q: I’m being sued for back child support. I reconciled with my ex and we were common law spouses. We lived together.

So we had the same address and I always carried my daughter on my insurance. She never asked for support until I stopped paying a loan for her. I gave her support every month through my bank. I live in Texas.

Rahlita D. Thornton answered on Jun 23, 2019

You should defend yourself considering these facts. Possible offsets for child support.

1 Answer | Asked in Child Custody and Family Law for North Dakota on

Q: Can I take my child to an outof state wedding

I am not married to the childs father. He did sign an awknowledgement of paternity. He is saying if I take my daughter to my best friends wedding he will call me in for kidnapping. There is no custody agreement of any kind. He Is trying to force me to leave her with a coworkers wife whom I've never... Read more »

Lucas Wynne answered on Jun 23, 2019

No

1 Answer | Asked in Family Law for Florida on

Q: M y friends is 15 and had sex with a 17 year old and got pregnant. Will he go to jail if she decided to have the baby?

Hes been arrested before for with a gun charge, gta charge, and possesion of marjuana. They had sexual intercourse the night of his birthday so he was 16 then at 12:00am he was technically 17. By the time she'd have the baby she would be 16 but at the moment she is 15.

Terrence H Thorgaard answered on Jun 23, 2019

Her decision whether to have the baby would have no effect on whether or not he will be prosecuted.

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