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Family Law Questions & Answers
1 Answer | Asked in Family Law for South Carolina on
Q: Is assault and battery in the first degree a registrable offence?
Ryan D Templeton
Ryan D Templeton answered on Dec 7, 2019

Registration is in the discretion of the sentencing judge based on the allegations.

1 Answer | Asked in Family Law for Michigan on
Q: How soon can I get a ex parte order for custody and ppo
Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Almost immediately during normal court business hours and with proper cause.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can i file a motion for custody within the child's home state, but from a different county within that state?

I live in central Ohio, my ex lives in northern Michigan with my children. I would like to file the custody motion from a different county in Michigan so that me and my ex both travel the same distance. Otherwise, I have to travel 8 hours one way and he only travels 15 minutes. I end up having to... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

No. Venue - or the proper court to file - typically depends on what county the child resides in. There are some other factors that help determine venue. But you certainly cannot file in a county just because it happens to be a halfway point, as that court would have no jurisdiction.

A...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Through home paternity test I learned that my son (17) is not mine. I have full custody as bio mom lives in another

State and does not pay any required child support. Is there any legal action I should consider taking.

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Not really. The Revocation of Paternity Act essentially has a 3 year time bar. At 17 years old, your case is well beyond that. And with you having full custody, I would imagine even if some form of relief were possible to get in front of a judge, a court would find that it's in the child's best... Read more »

3 Answers | Asked in Family Law for Texas on
Q: My spouse and I aren't married, & she wants to move my daughter to another state? Can she do so without the father say?

Currently we reside in Houston, Tx., and I have reasons to believe my spouse wants to move our daughter to New York.

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 7, 2019

She can move if there are no orders in place as to who determines where the child lives. If that is the case then you need to pursue court action to put them into place as soon as possible before she actually moves. Good luck 888-343-4529. Ready to help.

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2 Answers | Asked in Criminal Law, Family Law and Traffic Tickets for South Carolina on
Q: So you already said I don’t have to show up in court. Is it worth it to fight to have 2 pts dropped?

How does 2 pts affect insurance in SC? Is it worth it to try and fight the points or just be happy the trooper decreased the points from 4 to 2 and since I’ve paid just go on my way? It is my first ticket ever

Ryan D Templeton
Ryan D Templeton answered on Dec 7, 2019

The minimum points on any speeding ticket is two points. The judge does not have the authority to drop them any lower. Your insurance can take the conviction into account but that really depends on your carrier.

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1 Answer | Asked in Family Law, Banking, Civil Litigation and Probate for Missouri on
Q: how may obtain a copy of my uncle's last will & testament of which I am allegedly 1 of the included beneficiaries?

my uncle died in 2017. at the time i was incarcerated in the missouri state prison system. Over the phone i was informed by a family member that my uncle willed me an inheritance. The family member refused to tell me how much money i was entitled to. To avoid being heavily taxed due to the state's... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 7, 2019

You can get a copy from the probate court where your uncle's probate case was commenced.

2 Answers | Asked in Criminal Law, Family Law and Traffic Tickets for South Carolina on
Q: I got my first traffic violation in SC for 10 miles over the speed limit and 2 pts on my license. The trooper decrease

The trooper decreased the ticket from 4pts to 2 and 20miles down to 10miles. I just paid the fee of $75 online. My question is the ticket online says no court appearance required but the back part of the ticket talks about "If you fail to post bond or personally appear in court on the assigned... Read more »

Allison Brandt Blackwelder
Allison Brandt Blackwelder answered on Dec 6, 2019

The fine you paid is the bond amount, so you do not need to appear in court. You have already taken care of the matter responsibly. Best of luck!

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I have a question due to the state taken my children
Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 6, 2019

If you want your question answered you have to actually ask the question.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: I want to change my middle and last name into my marriage certificate.

My wife and i got married for almost 11 months in Indiana south bend. But before that my step father filed for my adoption and i just got recieved my birth certificate last week now the thing is i want to change my marriage certificate last name.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 6, 2019

You should have asked that your marriage license, and the resulting marriage certificate gave your adoptive last name. It's probably too late to change the marriage certificate; but ask the county clerk who issued the marriage license if it can be done.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Florida on
Q: My brother and I were left an account from my mother who passed with Merrill lynch, my brother is not filling out the

paperwork for the trustee certification for Merrill lynch account so I can transfer my portion into my name. what is my recourse? If he continues to drag his feet, this will go onto 2020 and we will have to file taxes another year for this..

Seril L Grossfeld
Seril L Grossfeld answered on Dec 6, 2019

Some companies will split out your portion of the account and hold the rest for the other named beneficiary. People deal with grief in different capacities and this results in some people not wanting to deal with things like this as soon as their siblings are ready. Unfortunately, as a rule... Read more »

1 Answer | Asked in Family Law, Estate Planning, Arbitration / Mediation Law and Probate on
Q: What do i do when my sister isnt being upfront with what our mother and father left us to share equally

Shes keeping all iras and life insurances as well as banck accounts to herself we need to see the accounts my father had in the banks and everything else he left to us we need to investigate all things shes done since named in my fathers account

Nina Whitehurst
Nina Whitehurst answered on Dec 6, 2019

If you are a named beneficiary on any of these accounts, you can contact the financial institution yourself and inquire about the status of disbursement of your share. If there were no named death beneficiaries, then you should contact a probate attorney to help you with the probate process. If... Read more »

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: How do I switch from temporary guardianship to permanent guardian?

Mother of child is on the run from law enforcement and father is unknown. She doesnt visit or help with any of the needs the child has. Pretty much abandoned the child after appointing me temporary guardianship.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 6, 2019

You would have to apply for temporary guardianship, even though the mother has "given it to you." Since you already have physical custody of the child you would qualify for appointment from the probate court. There are other qualifiers for temporary guardianship, and for this reason it is best to... Read more »

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: How do I get my husbands name on our daughters birth certificate. When she was born I was maried to someone else?

I was married and my now ex husband would not give me a divorce. So I moved out and on. I got engaged and had a child with my now husband. However his name was not allowed on her birth certificate because I was married to someone else. Marlee is 17 and wants her birth certificate corrected. She was... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 6, 2019

It is possible that you could bring a paternity action in Florida and ask for the BC to be corrected. You should speak with a local family law attorney about your options.

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1 Answer | Asked in Family Law for Texas on
Q: I would like to have weekend visitation with my grandson. I was getting him every weekend, up until my son preposed.

His mother. Now when I ask for him it is a problem. I want exercise my Grandparents Rights.

Jon R. Boyd
Jon R. Boyd answered on Dec 6, 2019

If your visitation has been previously ordered, you should see a lawyer and file a Motion asking the court to enforce the order.

If there is no prior order, it will be difficult to get due to changes in the law 20 yrs ago. You should consult with an experienced family law attorney about...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: The alleged father of my four months old just filed with department of child services...

He’s not on birth cert and no paternity confirmed legally yet. I’ve encouraged him at every corner to build a relationship with my daughter, tried to have him visit more etc. he lives 1.5 hrs away but even still, has seen her about 13 times in the 4 months since her birth. I’ve in no way... Read more »

Melissa Paniagua
Melissa Paniagua answered on Dec 6, 2019

If he has recently filed a petition for paternity, you would have 20 days to file a response with the Court in which you can file an answer and counter petition in which you can affirm and deny the allegations he has made in his Petition and state any defenses you may have and request what you... Read more »

2 Answers | Asked in Adoption and Family Law for Texas on
Q: Legal process when a Respondent doesn't properly cite the Petitioner.

(In Texas) In a Termination of Parental Rights Family Law case, the petitioner had the Petition served to a respondent. The respondent sent a Original Answer to the Court. BUT did not fill out a Certificate of Service and did not send the petitioner a copy of the Original Answer.

IS the... Read more »

Jon R. Boyd
Jon R. Boyd answered on Dec 6, 2019

When you file the Answer, it is your duty and responsibility to send a copy to Petitioner. If you don't, your Answer is still on file, but you could be sanctioned by the Court for failing to copy Petitioner on your filing.

The Petitioner, not having received an Answer from you, and unless...
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1 Answer | Asked in Family Law for Arkansas on
Q: I have found more information about fathers rights but what about mothers rights? Who have legal custody of the child.
Dustin A. Duke
Dustin A. Duke answered on Dec 6, 2019

I am not sure exactly what you are asking. Is there something specific that you are wishing to decide regarding your child or something that you are wanting to preclude the child's father from doing? As a general rule, the custodial parent has decision making authority over the child, including... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Pennsylvania on
Q: can I take my ex-wife's boyfriend and his wife for child support if they completely support her?

ok so I have primary custody of my three kids. I pay spousal support to her. but the Ex-wife moved in with her new boyfriend and his wife almost a year ago. they pay for everything housing, food, car, etc.. am I able to take her and them and have there income added to hers for child support?

Cary B. Hall
Cary B. Hall answered on Dec 6, 2019

No. They're not responsible for your children at all, so their income is irrelevant to any child support calculation.

But you may be able to argue that the lack of expenses for your ex-wife (due to their paying for everything) should be factored into your spousal support calculation. This...
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2 Answers | Asked in Consumer Law, Family Law and Health Care Law for Georgia on
Q: What are the legal liability obligations limits under Georgia law for guardian of adults related to the wards expenses.

Ward was sent to mental facility from emergency room and the ward's stay exceeded the insurance coverage limit. Is the guardian legally liable for payment of the excess charges under Georgia Law? The hospital transferred the ward to the mental facility. I read under Ga Title 29-2-21 that the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 5, 2019

The statute you referenced is not applicable because the ward is an adult. GA 29-2-21 is about minors only.

That being said, a guardian of an adult ward is not financially responsible for the ward’s expenses; these expenses would be paid for from the ward’s income and assets....
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