Family Law Questions & Answers

Q: Is it legal for mother to put house in trust without father's knowledge?

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Answered on Mar 25, 2017

Assuming your father's name is NOT on the house, then -- until April -- your mother CAN do whatever she wants with her property. Interestingly, until April, your father cannot do anything similar because your mother, as his wife, has more rights than he does. Thanks to recent Supreme Court rulings, the Michigan Legislature is changing this,

Given that however, this doesn't sound like it will make a huge difference if your father is not living in the house. If they are NOT involved in a...
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Q: Native American foster children are being homeschooled in Ponotoc county Ok. Is this legal?

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Answered on Mar 24, 2017

To home school children, there must be some form of approval and review. If this is being done without any proper paperwork in place or at least in the process, the children and foster parents could be subjected to truancy laws.
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Q: Would writing a letter giving voluntary guardianship and having it notarized stand up in court?

1 Answer | Asked in Family Law for New York on
Answered on Mar 24, 2017

You may be required to submit a signed declaration and testify as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: My boyfriend received his first contempt hearing appointment to show cause for non-payment of child Support.

1 Answer | Asked in Adoption, Child Support, Criminal Law and Family Law for California on
Answered on Mar 24, 2017

He should hire a lawyer to respond to the complaint and provide evidence of his financial limitations. Has child support been terminated since the adoption? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: If psychiatrist reports a DV case, what happens next?

1 Answer | Asked in Family Law and Domestic Violence for California on
Answered on Mar 24, 2017

Police may investigate and the DA may charge the alleged abuser with a related crime, possibly a misdemeanor for DV. See: http://domesticabuse.stanford.edu/reporting/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: What can I do if my kids father is keeping our children from me and threatening to leave and move out of state with them

1 Answer | Asked in Family Law for California on
Answered on Mar 24, 2017

You can file a custody action and request an injunction and temporary restraining order to prevent an abduction. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Child is 19 and support ended, can the mother file again?

1 Answer | Asked in Family Law for California on
Answered on Mar 24, 2017

See: http://www.courts.ca.gov/selfhelp-support.htm

I see no basis for such a request once it's been terminated. Do you owe arrears? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Is it against the law in Colorado to take a childs bed?

1 Answer | Asked in Family Law for Colorado on
Answered on Mar 24, 2017

It is not a per se violation of the law, but it can be evidence of child neglect and/or child abuse. The circumstances of the situation define whether the conduction is a violation of the law or not.
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Q: If I am getting welfare in the state of California can I still get Child Support?

1 Answer | Asked in Child Support and Family Law for California on
Answered on Mar 24, 2017

Yes. Child support is determined based on the income of the parents. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: What can you do if the non-custodial parent will not give you the dates in which they want the children for the summer?

1 Answer | Asked in Child Custody and Family Law for California on
Answered on Mar 24, 2017

You may want to work with a Special Master or parenting coordinator such as myself to avoid such issues and ongoing litigation, or you may want to ask for court orders to clarify these issues so they don't arise in the future. Also a mediator/ therapist may be useful. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
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Q: Can I get custody of mfiancés child.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Answered on Mar 24, 2017

It is more likely that other members of your fiancé's family would get custody. You'd have to talk to a local family law attorney in the area where the child lives. It depends on too many facts specific to the situation. Use the Find a Lawyer tab.
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Q: Does CO require a change in Benificiary for a non family to take a vehicle left to one and only relative?

1 Answer | Asked in Family Law for Colorado on
Answered on Mar 24, 2017

Repeat question. See prior answers. If you are having difficulty understanding what your interests are you should contact a probate attorney.
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Q: My husband and I have sole cousty, can we move to SC?

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Mar 24, 2017

You will need to read the terms of the custody order. Typically, notice to the court and to the mother is required, and the mother could object and ask the court for a hearing. Use the Find a Lawyer tab and consult a local family law attorney to review your situation and advise you.
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Q: How can I get my husband to take legally responsibility over our children?

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Answered on Mar 23, 2017

You may not be able to force him to have a portion of custodial time. However, if you take him to child support court, he will probably assert time with the children to lower his child support obligations. You can take him to court by filing the paperwork with the court and serving him. There's a self help center or you can hire a limited scope lawyer to help reduce the fees. $1,000 per month is a significant amount of money, but you might be entitled to more money. However, you may get less...
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Q: Im 17 and my 15 year old brother has been betting me a couple time idk what I should do

1 Answer | Asked in Family Law and Juvenile Law for Oregon on
Answered on Mar 23, 2017

Sorry - what exactly is your question?
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Q: If CP is in jail and child is living with NCP, do you still pay child support? If so, how do you pay the person in jail?

1 Answer | Asked in Child Support and Family Law for Georgia on
Answered on Mar 23, 2017

Child support to the mother will to continue to accrue unless and until you file a custody and child support modification. You will need to do that in order to terminate your obligation to her.
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Q: what codes can I use to support my objections to a request for Attorney fees and costs if Im a low income father

1 Answer | Asked in Family Law for Oregon on
Answered on Mar 23, 2017

Attorney fees and costs are discretionary in most family law cases. You really need to go and talk to an attorney to make sure that your situation involves a discretionary award rather then a mandatory award. It also depends on whether the case is in the early stages where they are just filing a Petition and you are supposed to respond. In that case you just respond that you deny that they are entitled to attorney's fees and costs. (You could ask for yourself to get your costs in your...
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Q: I have a friend who is pregnant with twins and wants to give them to me the day they are born. how do I make it legal?

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Answered on Mar 23, 2017

Contact a local family law attorney right away. The attorney will be able to discuss your options and begin preparations for the adoption process. The mother cannot sign anything until after the babies are born, but you can begin working with your attorney to get things ready ahead of time. The attorney will not be able to represent both you and the birth mother, so if she wants legal representation, she will have to hire an attorney. Best wishes!
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Q: Can my mom consent to my marriage without my stepdad

1 Answer | Asked in Family Law for Texas on
Answered on Mar 23, 2017

It depends on whether your stepfather has parental rights and duties in an order from the court. If your mother has the sole right to consent, it will say so in her divorce papers, or, if she was not married to your biological father, in the papers from the court custody proceeding. It may be that your mother shares her rights with your biological father, in which case he may have to consent. It is unlikely that your stepfather has rights and duties, but without knowing all of the facts, I...
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Q: If my ex had our kids for Spring holiday, do I automatically get the following weekend visit?

1 Answer | Asked in Family Law for Texas on
Answered on Mar 23, 2017

It depends on what your order specifically says regarding this holiday. You can pull out your order and review it; it should have specific language for this situation. It may also order that the visitation resumes on regularly scheduled times and make no additional provisions for the holiday possession. If it does not have specific language at all, then the default is usually what the parties can agree to do. If your order is confusing or unclear, then contact your attorney or a local family...
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