Lawyers, Answer Questions  & Get Points Log In
Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Real Estate Law for Ohio on
Q: My divorce was 8 years ago, my name is still on the house after my ex was told to take it off. What do I do?

The settlement says to take me off of the loan of the house in a "reasonable amount" of time. It has been almost 8 years. She refuses to take my name off the house. How do I start the process of taking my name off of the mortage?

Robert Mues Esq
Robert Mues Esq answered on Jul 7, 2020

Your remedy is to file a contempt motion against her for willfully violating the terms of the divorce decree. 8 years is way more than a "reasonable" time to get you off the loan. If she claims she doesn't qualify to refinance it, the Court will likely order it sold so you will be... Read more »

3 Answers | Asked in Adoption, Child Custody, Divorce and Family Law for California on
Q: Can a bio parent give their 50% custody to a step parent?

Bio parents have 50/50. One parent is an immigrant and the other is threatening to have him deported. Can one bio parent give his 50% custody to a step parent (spouse)?

Mike Darlington
Mike Darlington answered on Jul 7, 2020

No

View More Answers

1 Answer | Asked in Family Law for Oklahoma on
Q: My daughter has two girls and one on the way , the father to all 3 wants to terminate his rights to all 3 does not want

He does not want to pay child support can he do that

Pete David Louden
Pete David Louden answered on Jul 7, 2020

No. Not unless the children are adopted. Otherwise, he has to support his children.

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: Hi,I need to know how to go about with getting custody papers served to another state?

I want joint custody, but the mother is in another state than I am.

Sheila Crumley Field
Sheila Crumley Field answered on Jul 7, 2020

You will have to file in the county where the children reside. Then the sheriff of that county will serve her.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Child 34, Father,I have not lived together since she was 1.abanded No divorce Does he still owe back child support

We've been married since 1986 but never lived together or filed taxes as a married couple No communication until child was 16. He has never paid child support. (Ever) I had papers for divorce sent to his mom's house in 1988, he never signed. We both through the years been in relationships... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 7, 2020

You are only eligible for child support from the time that you file a petition for it.

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: During exparte do I have rights to see my son every 15 days? Also the 30 day hearing rule, what if it's set for 31?
Stephen Rue
Stephen Rue answered on Jul 7, 2020

Article 3945 allows one to seek an ex parte emergency custody which is temporary subject to a heating within 15 days if the temporary custody request is granted.

Stephen Rue

View More Answers

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Me and my ex have a 3 month old in CO. I want to take her to AL for 2 weeks to meet my dad. Do I need his permission?

We were never married and we have never done any legal custody stuff, I just let him see her whenever he wants too, which isn’t very often. When I asked he said no just to spite me saying he never wanted her to ever see my family. Do I need his permission or can I take her to meet my dad anyway?... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 7, 2020

Generally unless you have filed for dissolution or an allocation of responsibilities, either parent can travel with a child, however one parent can not withhold a child from the other.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it illegal for MI CPS to mislead me and withhold facts I needed to make an appropriate decision and then take my kid?

MI CPS wanted me to participate in a program that required 10 hours/week and A person from the program told me it was voluntary and later said that cps could make it mandatory & cps worker told me that if I said no that they could take me to court to force me to comply or to take my daughter.... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 7, 2020

I'm unsure what facts were inaccurate. It sounds like CPS told you either 1) do this program, or 2) we'll file a petition that could lead to removal of the child. You choose not to do the program, and so they filed a petition along with an ex parte removal order.

The question now...
Read more »

1 Answer | Asked in Family Law for Michigan on
Q: How binding is a verbal agreement between two parents when it comes to parenting time?

Both my ex and I decided to not follow the parenting time court order this summer. We verbally agreed on other arrangements. I lived up to my end of the agreement and now he refuses to. What can I do?

Brent T. Geers
Brent T. Geers answered on Jul 7, 2020

Verbal agreements are worth the paper they are printed on. You can prove them by course of conduct, and if you are successful, you may have a way toward court enforcement of the remaining agreement. Going forward, it's always best to reduce agreements to writing. People's memories get... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: If me and my mate signed a marriage contract containing our vows and had a witness sign also does that make us married?

My mate and I are on complete lock down at our apartment complex and we have been together eight months and friends a year prior to that. We live in an apartment complex for the mentally ill. We cannot get a marriage license right now but plan to later. Question: does the marriage contract makes us... Read more »

V. Joy Edwards
V. Joy Edwards answered on Jul 7, 2020

No. It does not.

View More Answers

1 Answer | Asked in Family Law for Arizona on
Q: Me and my sons mother have 50/50 joint custody. She hasnt seen him in 4 years what can i do and what is the process to

file for full custody?

Mike Branum
Mike Branum answered on Jul 7, 2020

You will need to file a petition (or motion, depending on which state the current custody agreement was issued in) in the jurisdiction where the custody agreement was filed. You will have the opportunity to explain that she has not seen her child in four years and that you should have sole custody.... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: good morning I really need help with my court for my child's guardianship. I'm not sure what to do.

My boyfriend mother and stepfather have my child I did give her temp custody good till Nov of this year. his grandmother came to me asked if we could do it through the courts and to not include her husband now he's on the guardianship papers he only lets me see my child 2times a month we only... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 7, 2020

It sounds like you may be in the Juvenile Dependency Court. If you are, you have been appointed an attorney. First you should ask your attorney your questions. Sometimes these court appointed attorneys are very busy, but that is the first place you should go. Be sure to read the court order.... Read more »

1 Answer | Asked in Family Law for California on
Q: In regards to dcfs. Please contact me. I want to give my rights to my mom they are not being fair
Chris M. Bradford
Chris M. Bradford answered on Jul 7, 2020

It is possible that DCFS has already taken away your child and you have been sent to the Juvenile Dependency Court. If that is the case, you will be given an attorney in that court. The judge will make certain orders for classes for you to take. You must follow those orders. You cannot go to... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Do I need to notify the Texas court that I moved me and my daughter to California even if I have sole custody?

I just recently moved to California because my fiancé is in the navy. Last year I got sole custody of my daughter since her bio father is in prison and has been in and out of her life. My attorney last year said it was okay for us to move. Do I need to notify the Texas court that we moved to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 7, 2020

The answer to that question likely depends on the specific language of your Decree. Texas Family Code Sec. 153.076. DUTY TO PROVIDE INFORMATION provides that: (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Girl is married while having baby and husband is signing the birth certificate. Am I responsible in Alabama?

Girl got pregnant, and started dating her husband 1.5 months into pregnancy. They got married and he is signing the birth certificate and wants to adopt the child. What needs to be done and would I have any financial responsibility if he signs the birth certificate and I wouldn't see the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 7, 2020

The legal father of the child is the man to whom the mother was married. If he never denies the child, and accepts the child as his, you cannot be held responsible for the child and you also cannot assert any right to the child. See Ex Parte Presse.

1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Q: To file a Proposed Parenting Plan do you have to file with the Circuit Court Clerk?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 7, 2020

It depends on whether your divorce is filed in Circuit Court or Chancery Court. You can't just file a Permanent Parenting Plan unless there is a divorce action begun with a Complaint. I would consult a local divorce lawyer.

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: I am 17 I want to live in a stable home with my bf’s parents My abusive dad doesn’t agree am I allowed to leave?

They live out of state and both have very good jobs and a well taken care of family and they have room for me and have asked me to join them

Regina Irene Edwards
Regina Irene Edwards answered on Jul 7, 2020

Your boyfriend's parents need to contact an attorney to help you.

View More Answers

2 Answers | Asked in Family Law for California on
Q: I asked before about a domestic partnership and civil union in California. I was gone for 6 months to care for my dad.

I am back in California. My time away was family issue. I came back in 2012 and idk if I want it to last. I know there was issues but I just wanted to know what my opinion are.

Maurice Mandel II
Maurice Mandel II answered on Jul 6, 2020

Apparently the reason that you keep posting this same question repeatedly is that you don't know what you want to do with your life. This is the wrong forum for you to get an answer. You need to decide what you want to do with your future, something other than "IDK". Call Dr.... Read more »

View More Answers

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: What should I do if I paid my ex wife child support directly to her bank acct and she opened a case with DES.

She claims I owe over $60k and I have bank statements. What is my beat option. All my taxes go to her and even my stimulus check went to her.

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2020

Your Divorce Decree told you to pay Child Support through "Child Support Receipting." If you had done what the court ordered you to do you would be able to have H&W print out a complete record of your payments. However, because you chose to pay it the way YOU wanted, you will be... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Rhode Island on
Q: Is it ok for someone to dye your 6 yr old child’s hair

My wife and her family decided to dye my child’s hair....My wife is not telling the truth and has my child lying also....This is in R.I.....BTW my wife has DCYF on her case because she drinks and urine(s) came back dirty..

Neville Bedford
Neville Bedford answered on Jul 6, 2020

Meet with your attorney and prepare to present this to the court. Bring all of the impeaching evidence you have to help your attorney expose these lies along with copies of the prior court orders, if any, that prohibit hair dying. DCYF will also likely be interviewing you if they are following up... Read 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.