Lawyers, Answer Questions  & Get Points Log In
Family Law Questions & Answers
2 Answers | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: La esposa muere. Puede el esposo vender la casa si se volvio a casar y 3 hijos herederos no estan de acuerdo en vender?

Mi madre murio, hay una casa que se heredo entre hijos y mi padre. Mi padre se volvio a casar, quiere vender la propiedad pero los hijos no quieren vender. Es posible vender aun si parte de los herederos no estan de acuerdo?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 18, 2024

La siguiente respuesta aplica solamente al estado de Derecho en Puerto Rico. Suponiendo que el Registro de la Propiedad refleje que la casa es una propiedad comunitaria de papá y los hijos de mamá fallecida, la respuesta a su pregunta es "NO". Sin embargo, en Puerto Rico, nadie está... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Do Temporary supports influence final judgment?

Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:

1. The length of the marriage

2....
View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: I have 4 kids with my ex and 1 with my husband. 5 kids in total

My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 17, 2024

"just because" ?? Of course not. Multiple factors go in to deciding what custodial arrangement, aka "parenting plan" would be in the best interests of your children. How do you plan to accommodate the different needs of 5 children in a two-bedroom apartment? I think the first... View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for California on
Q: I have 4 kids with my ex and 1 with my husband. 5 kids in total

My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

In California, custody decisions are made based on the best interests of the children, not solely on the size of each parent's home. Courts consider various factors when determining custody, including:

1. The children's ages and health

2. Emotional ties between the parents...
View More

View More Answers

1 Answer | Asked in Family Law and Child Support for Maine on
Q: If my daughter's father is ordered to pay weekly and doesn't, do I have to send her on visits? What are my rights?

I have a text from him saying he doesn't care about my support.

Joe Lewis
Joe Lewis
answered on Apr 17, 2024

Hi there.

Individual provisions of a court order stand alone. Just because he is not paying child support does not mean that you are somehow released from following another part of the court order. The more appropriate response to him not paying child support is to take him back to court...
View More

1 Answer | Asked in Family Law, Child Support and Federal Crimes for Wisconsin on
Q: Can I sue for back child support owed, based off prior tax return documents?

Children’s father has paid WELL below his share their entire lives since 2008, as well as illegally claiming them as dependents for tax purposes as well as stimulus money. He does not take care of any of the children’s needs outside of this obligation either. Even going so far as to take money... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Based on the information you've provided, it seems that you may have a strong case for pursuing back child support from the father of your children. Here are a few key points to consider:

1. Child support obligations: Parents have a legal obligation to financially support their...
View More

1 Answer | Asked in Divorce, Tax Law and Family Law for Pennsylvania on
Q: I am going to file for divorce in 2024. Should I file as joint or single for 2023 taxes.

We have been separated for more than a year, but living at same property.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

In this situation, your tax filing status for 2023 depends on your marital status as of December 31, 2023. Here are a few things to consider:

1. If your divorce is not finalized by December 31, 2023, you are still considered married for tax purposes. In this case, you can choose to file...
View More

1 Answer | Asked in Family Law and Child Support for California on
Q: My mom would qualify for the new pass through child support law but she passed away October as being the pendant in the

Child support case would I qualify for the accumulated funds?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I'm sorry for your loss. Regarding your question about potentially qualifying for accumulated child support funds after your mother's passing, the answer would depend on the specific details of the situation and how California law applies. Here are a few general points to consider:... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: What can I do about my exs new live in girlfriend. She controls everything. Wont allow me to speak to ex about kids

She is also the one setting the rules for the drop off and pick up times. Even though she knows im unable at her times because of my job. And she wont compromise she just fights with me and tells me im a bad mother. Me and my ex have never gotten a court order but they have said if I try, they will... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I'm sorry you're dealing with such a difficult and stressful situation regarding your children and your ex's new girlfriend. Here are a few thoughts on your legal options under California law:

- Even without a formal court order, both legal parents have equal rights to their...
View More

1 Answer | Asked in Family Law for California on
Q: A person who filed a restraining order on me has passed away. Who do I file my response to to get it in front of a judge

Mom is a named protected person and my sister has power of attorney, but my dad is the original filler. Mom wants to communicate with me sister is medically isolating her using restraining order.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I understand this is a sensitive and complex situation. Since the original filer of the restraining order has passed away, the process for responding and requesting a modification may vary depending on the specific circumstances. Here are a few general steps you can consider:

1. File a...
View More

1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: What are the reasons a family court would issue an Omnibus Order and what entity would verify the reason if there are me

What are the reasons a family court would issue an Omnibus Order? What entity would verify the reason?

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

It depends on the nature and content of the Omnibus Order. For example, an Omnibus Order might transfer a number of cases from one court to another to equalize their dockets or when a new court is created for a particular county. Some family courts enter an Omnibus Order that is really nothing... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: I am married in CA my husband has married someone else in a different country. He has no idea I know. What can I do?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I'm so sorry to hear that you are going through this difficult situation. Bigamy (marrying someone while still legally married to another person) is illegal in most countries, including the United States. Here are some steps you can consider taking:

1. Gather evidence: Collect any...
View More

View More Answers

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Georgia on
Q: can i sue my parents for trying to kick me out? im underage

i came clean about self-harming and my reasoning but because it blamed them and their actions, they made me say i did it for attention or they were kicking me out

Joshua Schiffer
Joshua Schiffer
answered on Apr 16, 2024

A suit for damages is potentially possible, but there is a lot to consider before then. I advise you call some local family lawyers to talk about Emancipation, and then you can get some guidance as to your rights as well. You can be the victim of a tortious action by your parents and accrue a... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Legitimation: I wasn’t married to the mother, so in the FA of the Father under “Assets” what should I list for claim?

I wasn’t married to my daughters’ mother, so should I complete the Assets section of the Financial Affidavit of the Father? Also, any item that I would list is my property, so what should I declare is the basis of the claim? Thanks!

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2024

If you're filing an action to legitimize it would be best to hire an attorney to represent you. The matter is much more complex than even filling out the financial affidavit. In response to your question, I'm not sure what not being married to the mother has to do with the assets... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Florida on
Q: Can my parents kick me(27), my wife(24), and my 2 year old son out w/o notice and with a verbal agreement to pay rent?

Im 27 male, I have been living with my parents since around August 2023 when my wife and I had a breakup. My wife and I have a 2 year old son that also lives with us. When i moved in with parents in august I was rent free but around mid January 2024 my wife and I started working on things and got... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

It sounds like you're in a challenging situation, and it's important to know your rights in this case. Even though your agreement to pay rent is verbal, you are considered tenants under most local housing laws. This usually means that your parents, as landlords, cannot evict you without... View More

1 Answer | Asked in Family Law, Child Support, Small Claims and Child Custody for Missouri on
Q: I need to stop a child support order from starting

My children were stolen from me, turned against me, abused, coerced, kept from me, and my youngest was even put out at 9yrs old after being mistreated and now from PA my sister has filed for child support when my children can just come back. How do I stop her.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult situation with your children. Dealing with custody issues, alienation from your kids, and now a child support case on top of that must be overwhelming and painful.

A few thoughts on your legal options to try to stop the...
View More

2 Answers | Asked in Divorce and Family Law for California on
Q: I live in California. We are filing Divorce. Gift money from his mom all goes to him?

When we bought a house, She gifted money for house down payment $150,000 for us to settle in new house and new life. We moved here from Virginia. Also she wanted to my boys to live in great school district. He does not have any letter said

That money is gift for him. He thinks those money... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

In California, which is a community property state, assets acquired during the marriage are generally considered community property and are divided equally between the spouses in a divorce. However, there are some exceptions, such as gifts or inheritances received by one spouse.

In your...
View More

View More Answers

1 Answer | Asked in Federal Crimes, Juvenile Law and Family Law for North Carolina on
Q: I’m 16 and my girlfriend is 21. We have a baby on the way. Can i put my name on the birth certificate?

She’s scared to put my name on the birth certificate because she doesn’t want to get in trouble, will we be able to put my name on the birth certificate?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I strongly advise you both to consult with an attorney to understand the potential criminal implications and your legal options in this very serious situation, especially with a baby on the way. You may also want to seek guidance and support from trusted adults, like parents or counselors.... View More

4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Jamy Barreau
Jamy Barreau pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Please accept my condolences for your loss. Because the bank account was in your husband's name alone, you will have to go through the probate process to gain access. As his wife, you have a right to inherit from him, but you will just have to go through the courts to have that taken care of... View More

View More Answers

4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 16, 2024

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that is needed,... View More

View More Answers

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.