Family Law Questions & Answers

Q: Can a side agreement be enforced due to "precedence" or does the decree stand if the verbal arrangement no longer works?

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
No they are not correct. The law encourages the custodial parent to allow additional time for visitation with the child or children and they cannot use that is any modification hearing in the future against you. Usually the parties share the travel expense and your facts show that you are following the intent of the law and you should not worry about the non custodial parent trying to use your past actions against you.

Q: Can a Florida prisoner married to a women in France file a simplified petition for dissolution of marriage?

2 Answers | Asked in Family Law for Florida on
Answered on Feb 13, 2019
Rand Scott Lieber's answer
If the prisoner has lived in Florida more than six months then they can file for divorce. If the spouse cannot be found then there is a procedure for divorce by publication.

Q: Is one parent allowed to switch the kid’s school district without the other parent’s consent?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 13, 2019
Kathryn Hilbush's answer
You may have to follow the PA relocation procedure. Your question really needs to be addressed by an attorney in an in person consultation during which the logistics of your ex's move and your prospective one, along with those of your custody arrangement, can be carefully reviewed in detail.

Q: My sister& the father of her kids have jointcustody he has the kids my sister got arrested can get the kids

1 Answer | Asked in Family Law for Arizona on
Answered on Feb 13, 2019
Rich J. Peters' answer
Would you be claiming that they are not safe in his care? Or simply that they should be with you during your sister's time? I would need to now more. We can of course assist with either effort.

Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover...

Q: Is there a way to give up my parental rights without having to involve the other parent?

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on Feb 13, 2019
Leonard Robert Grefseng's answer
No, Tennessee law requires parents to support their children. The only way to escape that obligation is to have another person assume it - by adopting the child. An adoption will terminate the parental relationship and establish a new parental relationship. The other parent will have to consent to the adoption.

Q: I was under-age when I got pregnant, I am 18 now, if I took the father to court for child support, what would happen?

2 Answers | Asked in Family Law for Illinois on
Answered on Feb 12, 2019
Ray Choudhry's answer
While you were underage, your parents had to act on your behalf.

Now you can file court proceedings yourself.

It's called a Parentage Petition.

The judge will decide on a parenting plan and amount of child support.

There may a child support recovery office close to where you live.

They are supposed to help people recover child support free of charge.

Q: Does cps have any grounds for a court order?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
Impossible to answer without sitting down with you and going over your entire, detailed history since CPS got involved. But if what you say is accurate, it sounds like you're doing everything right so far -- and at some point, CPS will have to let go. They're typically hesitant to do so, however, and -- like you're experiencing -- they tend to keep moving the finish line so that supervision never ends.

I suggest you consult with, and then hire, an attorney to act as your advocate....

Q: What if you aren’t moving out of the state which the agreement applies just the city???

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
If you want to relocate cities within Pennsylvania, you will probably still have to give the other parent a formal notice of relocation . . . especially if the distance is far (say, from Philadelphia to Erie). There are very specific rules and procedures for this, and so you should probably sit down with an experienced family law attorney to discuss them.

Best of luck to you.

Q: Does my husband's ex-wife have any legal right to enter our home uninvited when the children are there?

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
If they are truly divorced and all issues of equitable distribution already settled, then no - she has no legal right to enter the home, regardless of whether the children are within or not. An open invitation may be the cordial thing to do -- and healthy for the kids to see Dad and Mom still having a friendly relationship as co-parents -- but that sounds like something you and he need to talk about rather than a legal issue.

Best of luck to everyone.

Q: My 13 year old stepson wants to have his abusive mothers rights terminated so that his father and I can adopt him.

1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on
Answered on Feb 12, 2019
Homer P Jordan IV's answer
Ultimately that would be up to the judge, who would make the decision after reviewing the facts of the case. I'm assuming the abuse has been documented as well. You should consult with an attorney who can review the facts of the case in detail and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: If the NCP is awarded custody and becomes the CP, does this remove the child support order? Is a separate motion to

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Feb 12, 2019
Ellaretha Coleman's answer
The new order should supersede the prior order on child support. However, if the child support is being collected by DHS, you may need to forward a copy of the new order to terminate the child support withholding.

Q: If something happens to me can I set up where my kids be taken care of by my family instead of their dad?

2 Answers | Asked in Family Law, Divorce and Child Custody for Georgia on
Answered on Feb 12, 2019
Ellaretha Coleman's answer
You can not will away children in the event of your death. If the unfortunate should happen, the father can petition the court for custody of the children.

Q: Can I get Rights Of my Half sibling when I turn 18 (the father we share is abusive) they live in Iowa I live in Texas

1 Answer | Asked in Adoption and Family Law for Texas on
Answered on Feb 12, 2019
Rahlita D. Thornton's answer
Because the child is in Iowa then please consult with an attorney in the particular city about how you would go about doing so. Good luck.

Q: My son is 12 and lives with his dad. He wants to live with me. Will a judge let him?

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on Feb 12, 2019
Rahlita D. Thornton's answer
Regardless of the age of the child the judge still ultimately has the final call on this issue. 12 is an age that the courts do give a good deal of credence to their opinion.

Q: If a primary parent moves out of state can the 14 year old choose to go with that parent? There is a joint agreement.

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
Once a child turns 14, a court will start to listen to that child's desires about custody -- which is not to say that the court will let the child do whatever he/she wants to, but the court will take the child's wants into more serious consideration (and even more so as the child gets closer to age 18).

In the end, the court will make a determination as to what's in the child's best interests concerning custody -- and that may not always be what the child wants (remember when we were...

Q: How can I make my 44 year old son move out of my house.

1 Answer | Asked in Family Law and Landlord - Tenant for Colorado on
Answered on Feb 11, 2019
Donald C Eby's answer
Unfortunately, if he has taken residence legally and refuses to leave based on your request then you'll need to formally evict him through the court system. The process begins with legally enforceable Notice. If you are unfamiliar with the process I recommend that you contact and attorney to discuss the process or process the eviction for you.

Q: Ex is sending me irrelevant emails about the kids

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 11, 2019
Ellaretha Coleman's answer
Unfortunately, unless the communications rise to the level of harassment, there is nothing that can be done if they are over communicating regarding the children.

Q: my child's father hasn't legitimized her in 7 months and has not financially provided for her. Can I claim abandonment?

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 11, 2019
Ellaretha Coleman's answer
You an file an abandonment application if he has not provided support for the child for more than 30 days. We would need more information to determine if supervised visits would be warranted.

Q: I need to write a new will and have questions re power of attorney can 2 people be joint /dual power of attorney for

1 Answer | Asked in Estate Planning and Family Law for New York on
Answered on Feb 11, 2019
Michael David Siegel's answer
Two people can definitely be joint POA and the form has a box to check if the two must act together, so yes.

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