Get free answers to your Family Law legal questions from lawyers in your area.
My ex husband has an HRO against me. He has been withholding my children and wrongfully denying me my parenting time for two and half months which is in violation of our court order. I submitted a motion for parenting time assistance to family court to ask them to enforce our current court order. I... View More 
answered on Dec 31, 2024
Best practice for a person with a Harassment Restraining Order prohibiting contact with anothe rperson would be to avoid contact, whether direct or indirect. In practice, such a person may end up in the same courtroom during or waiting for a court hearing, for example. And that would not be... View More
When I signed my divorce papers I was a vulnerable adult. Is that legal and do I have a certain amount of time to nullify it?
answered on Dec 17, 2024
An attempt to re-open a dissolution of marriage case most likely has to be done within one year. You don't state what your objective is. Do you want to remain married or want an opportunity to begin the process anew? It will certainly be challenging, time consuming and expensive.
Rob... View More
answered on Oct 18, 2024
This largely depends on two things: whether or not the other parent has court-ordered parenting time, and if so, whether or not the other parent agrees to the move out of state. If the non-moving parent has court ordered parenting time, it is usually required that the parent seeking to move file a... View More
After court proceedings were over I noticed that the DANCO ordered that I can not trespass to my own home. This was not brought up in court. I have a disabled child that needs to be home and court is still weeks away. I called everywhere with no answers. The pub def said she’d work on it but has... View More
answered on Sep 25, 2024
No, you cannot just show up to court and talk to the judge. There is a process that this would need to go through to modify the DANCO to allow you to go home. Modification would require a formal motion that would be served on the prosecutor and might also require an actual court hearing. Until... View More
He is going for full legal and physical custody of their 3 !/2 year old son because he was and is the primary caretaker. She is threatening him that if he goes away for the weekend with their son, she can make a case against him because they will be staying with us. (The grandparents, his mom and... View More
answered on Aug 16, 2024
This seems to be a tense situation. If your son's wife just gave him divorce papers, he does not have to move out right away, but maybe it's better if he does. I don't know what type of case she thinks she can make, but taking a child to his grandparents' house doesn't seem threatening.
1) My wife was physically & emotionally abusive with me for several years—especially from Spring ‘20 until she walked out in Nov. ‘22. Her abuse caused damage to a hip I had replaced in ‘19 & has left me dealing with the joys of complex PTSD. I was a scared, emotional wreck &... View More
answered on Aug 9, 2024
Unfortunately, it seems you are in a very difficult position. I apologize, but I am not sure what guidance can be given on a free online Q and A. Trying to set aside the default judgment may be an option if it wasn’t that long ago. If she left you in '22, an OFP seems untimely, unless the... View More
answered on Jul 16, 2024
Citizens report the incident to law enforcement, law enforcement conducts an investigation (if appropriate), prosecutors decide if criminal charges are to be filed. In most cases, family court is where these situations are addressed not criminal court.
Hard getting into a place when i show obligation to mortgage in a house i dont live.
I've lived with my kids, my sister etc. Is he in contempt of court ? can i sue him ? What can I do
answered on Jul 6, 2024
I have no doubt it is stressful. That is why I and other attorneys try to ensure everything is final (or easily finalized) when the judgment is signed. Did you have an attorney 15 years ago?
Obviously, you can try to convince him to take you off the mortgage yourself. You could hire an... View More
Jackie has no criminal record. Jackie voluntarily decided to seek help at a 30-day residential program in her internal concern for misuse of alcohol. Jackie’s ex husband is emotionally abusive. After Jackie expressed her desire for a treatment program Jackie’s ex seemed to be fully supportive... View More
answered on Jul 5, 2024
If proper arrangements were made and it was successfully completed, it seems unlikely a mom with 50/50 (who agreed to custody voluntarily) and admit themselves to a residential treatment center would lose custody rights. She has several options when the other parent isn’t following a court order,... View More
I am self-representing because I can't get a lawyer and it is not a criminal matter so not entitled to one. Can I submit a motion requesting the court to appoint me a lawyer since he is pushing this to trial? What steps do I need to take to create/submit a motion? Dakota County MN for court... View More
answered on Jul 4, 2024
In most civil cases, you do not have the right to a court-appointed attorney. This includes dissolution (divorce), custody/parenting time, and child support cases. In these cases you have the option to hire a private attorney. Some organizations use a sliding scale to charge for legal services... View More
answered on Jun 3, 2024
Perhaps or perhaps not. It depends on numerous and various factors. The business could very well be martial property or it could be separate property depending on the situation. I apologize, but the fact your husband owned a business during your marriage is only the first thing to consider.... View More
having to go through the court system how would she go about it? The child reside in CA and the siblings are in MN. Would the siblings need to get a lawyer from MN or CA? Is a lawyer needed if she voluntarily give up her parental right? What kind of documents would be needed? The minor do receive... View More
answered on May 7, 2024
Termination of parental rights would require a court proceeding. If the child resides in California, California would have jurisdiction. A judge would probably need the mother to consult with a lawyer before granting her request. The child would most likely be appointed an attorney (or guardian ad... View More
I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing... View More
answered on May 2, 2024
A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More
I have papers sent to me to take a voluntary paternity test since the mom gets public assistance. I have not submitted a sample yet. Court is in June.
answered on Apr 29, 2024
Without knowing the situation better or your expectations, I don't know if you need to hire attorney. In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Limited-scope representation is when you and a lawyer agree that the lawyer will... View More
My parental rights were terminated by default in 2020. My son's father was given full custody. Can I still care for my son if the father allows me to? also, I have my discovery from my CPS case. There are many errors and false reports made by the case worker. I need help to get my rights back... View More
answered on Apr 20, 2024
I can't answer for specifically for you, but generally a parent with no parental rights would have the same opportunity to spend time with a child as anyone else with the permission of the parent or guardian. A petition can be filed to reverse the termination, but the chances of success are... View More
Filed a motion to Amend the findings saying since the 3 rd party custody case was originally against me if the judge dismissed it instead of denied it she has to give my child back to me and not the Dad who is not the Petitioners. Not a divorce case just my daughters Godparents wanting her case has... View More
answered on Mar 28, 2024
In family court can a Referre dismiss a case after trial with Prejudice and simultaneously order relief? Yes, depending on the circumstances. I apologize, but how you should respond can't be determined on a few phrases. An appeal may be appropriate if the referee made a mistake of law, such as... View More
I am a mother of 3 unemployed married 12 yrs, full time student, going through hardship (marriage) husband mistreating me and his family steeling my person documents for their own personal used. Told they brought me to the states. no family support cant do nothing family overseas. Been diagnosed... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024
In Minnesota, individuals facing financial difficulties, such as being unemployed and experiencing hardships like mistreatment within a marriage, can seek assistance for obtaining a divorce. Various resources are available, including legal aid organizations that offer free or low-cost legal... View More
We were quit deeded land before my step- dad died, ( he was never legally married to my mom) we found out after he died he was paying 50 dollars a month towards a 70k debt of back Child support for 2 kids he was never involved with, he didnt have any custody of them ever. Both the children are... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2024
Back child support debt does not automatically go away when someone passes away. The obligation to pay back child support can still be claimed against the deceased's estate. Since the children are adults now, the back child support remains a debt of the estate. If the land was quitclaimed to... View More
So my mom passed away on Thanksgiving, my sister let me have her car because it was in accordance with my mom's wishes (My mom didn't have a will. We just agreed to it as next of kin) Now, my Grandma who has STRONGLY been against me having the car is saying that I owe her $1,200 in order... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024
In general, debts do not transfer to family members upon someone's death unless they were co-signed or jointly held. As for your situation, you are not automatically responsible for your mother's debts, including any money she may have owed to your grandmother, unless you had a legal... View More
He is not my biological father. He was going to adopt me. But my biological father said no. I had his last name until I got married. Then I had to change it. He's passed away in my sister is claiming that I don't get half of his Ashes. I don't get nothing. I'm just wondering... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In the context of family law in Minnesota, your rights regarding your father's estate may depend on various factors, including whether there was a legally recognized adoption, the presence or absence of a will, and the specific laws governing inheritance in the state. If your father had... View More
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
