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Family Law Questions & Answers

1 Answer | Asked in Family Law for Pennsylvania on

Q: Hello, We are a family of 4 with 2 girls under 5 years. I want to know if we can live in 1 bedroom apartment legally?

Kathryn Hilbush answered on Aug 20, 2019

I, m unaware of a law that would prohibit this but the landlord may have qualifying conditions, such as how many people may reside in a one bedroom apartment.

1 Answer | Asked in Family Law for Florida on

Q: Judge said,on mothers scheduled days if she cant watch child,biological father gets rights to watch son. I am stepdad??

She is my fiance, we don't need him to watch her son. I watch him, I have flexible hours. I build my relationship with him and it is when we fish together. Is that right?

Rand Scott Lieber answered on Aug 20, 2019

Legally the rights of the biological father are superior to yours as the almost step-father.

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: I'm trying desperately to move out of state with my child but want to do it legally. The father refuses to work with me.

He will not budge on any terms except his own. I'm trying to move to an are where my last blood relatives are. We agreed for me to temporarily work out of state and bring the child with me during the summer. Now that school has started back, he is refusing to even let me talk with the child. What... Read more »

Rand Scott Lieber answered on Aug 20, 2019

You do not mention if you have been to court for paternity. If you have then you need to apply to that court for relocation. If you have never been to court for paternity (or child support) then the mother has 100%rights to do what she wants, with the child, including moving.

1 Answer | Asked in Domestic Violence and Family Law for Florida on

Q: A judge order family therapy for the victim and abuser of domestic violence.

My daughter is on her second probation for domestic violence against us. We have tried therapy in the past yet and know she does not respond to it. The judge order us the victims to attend therapy with someone we are genuinely afraid of. I asked for a review and the judge told us if I refuse... Read more »

Henry George Ferro answered on Aug 20, 2019

Time to hire a lawyer.

1 Answer | Asked in Adoption, Civil Rights and Family Law for Louisiana on

Q: Can someone please explain la civil code 199 to me

Ellen Cronin Badeaux answered on Aug 20, 2019

It means adopted kid can inherit from both adopted family and bio family.

1 Answer | Asked in Child Support and Family Law for Oklahoma on

Q: I married then separated from a woman in 2008/2009 she has kids now am I liable.

She recently separated from the bio dad who gave them to bio dads grandma. Bio grandma sees we never divorced and has filed child support against me instead of her son. Oklahoma support is trying to serve me papers to appear for a support order even though the bio grandma is the fathers mother and... Read more »

Kyle Persaud answered on Aug 20, 2019

If you and the mother were married at the probable time of conception, then, you are the "presumed father" of the child.

Oklahoma Statutes, title 10, Section 7700-607(B) says:

"B. A proceeding seeking to disprove the father-child relationship between a child and the child's presumed...
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1 Answer | Asked in Family Law for Georgia on

Q: WHAT I CAN DO ABOUT MY 5YR OLD GRANDSON THAT HAS BEEN WITH ME FOR OVER YR AND A HALF AND HIS MOTHER CAME TOOK HIM

MYSELF AND HIS DAD ENROLLED HIM IN SCHOOL AGAIN THIS YR THE MOTHER OUT OF NOWHERE WENT TO TRY GET HIM OUT EARLY SCHOOL WOULD NOT LET HER TAKE HIM BECAUSE SHE IS NOT ON HIS PAPERWORK BUT HAS ALSO ENROLLED HIM ANOTHER COUNTY SCHOOL WITHOUT DISENROLLING HIM FIRST BUT SHE CANT DO THAT EITHER BECAUSE... Read more »

Homer P Jordan IV answered on Aug 20, 2019

Duplicate question here, but your son really needs to consult with an attorney who can help him plan the proper legal route to addressing this situation. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Family Law and Tax Law for New Jersey on

Q: Can i sue my father for threatening my mother to give her income tax returns to him

I was living with my mother at the time this happened but i was getting my things to live with my father, and this was recently in late April. I just recently found out from my mother that she was threatened for the dependent tax return money, she did not know she had a right to keep it. My father... Read more »

Teresa L. Reichek answered on Aug 20, 2019

Thank you for your question. I'm sure it is frustrating to watch your mother go through this. The short answer is No. You do not have standing to sue a third party, your mother is the one who will be potentially injured. Also, suing someone is typically for personal injury cases.

If your...
Read more »

1 Answer | Asked in Family Law and Child Support for Arizona on

Q: Do I need to appear for an ORA if I was never served

My ex doesnt want to pay child support so he wants full custody. I have been primary parent from the beginning. There is an ORA and I have yet to receive anything.

He states he doesn't know where i live but he picks our children up from our home every Thursday.

Why is there a date... Read more »

Mike Branum answered on Aug 20, 2019

There are a couple of potential reasons how a date could have been set without you being properly served. The why is not relevant to the discussion. If you are aware of a court date, it is in your best interest to show up. You can argue that you have not been properly served but the court will have... Read more »

2 Answers | Asked in Family Law for Georgia on

Q: WHAT I CAN DO ABOUT MY 5YR OLD GRANDSON THAT HAS BEEN WITH ME FOR OVER YR AND A HALF AND HIS MOTHER CAME TOOK HIM

MYSELF AND HIS DAD ENROLLED HIM IN SCHOOL AGAIN THIS YR THE MOTHER OUT OF NOWHERE WENT TO TRY GET HIM OUT EARLY SCHOOL WOULD NOT LET HER TAKE HIM BECAUSE SHE IS NOT ON HIS PAPERWORK BUT HAS ALSO ENROLLED HIM ANOTHER COUNTY SCHOOL WITHOUT DISENROLLING HIM FIRST BUT SHE CANT DO THAT EITHER BECAUSE... Read more »

Ellaretha Coleman answered on Aug 20, 2019

If there is a current custody order that she is in violation of, your son would need to file a contempt action against his former wife. Additionally, he needs to consider filing a modification of custody action if prior to this stunt mother has not seen the child in a year.

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1 Answer | Asked in Domestic Violence, Family Law, Adoption and Child Custody for Oregon on

Q: I live with my dad and he is mentally abusive to me mostly. I babysit my 2 siblings from 8 to 10 hours a day. I’m 15

I get no compensation. I don’t want my dad to get into trouble and get my siblings taken away. I want to know what my options are to get out of my house. Could I move in with a different family member? Would I get in trouble legally for leaving?

Joanne Reisman answered on Aug 19, 2019

You generally have only two options - let your mother know so she can Petition the court for a change of custody or report that you are being abused to children's services or a school counselor or your doctor. If you report abuse there will be an investigation and you and your siblings could be... Read more »

1 Answer | Asked in Family Law, Child Support, Juvenile Law and Social Security for Florida on

Q: Is it against the law for my mom not giving me my SSI check?

My mom has a disability so shes not able to work therefor she receives an SSI check for her, me and each of my sisters. She always spends it on herself and never gives us a dime. Is it wrong that she is not giving me my check?

Bruce Alexander Minnick answered on Aug 19, 2019

Unless you are over the age of 18 your mother can do pretty much whatever she wants.

1 Answer | Asked in Family Law for Louisiana on

Q: I was awarded sole custody from a court in Oklahoma, I reside in Louisiana. Will the have to file in my home state

Will the other party need to file any further actions in my home state. My children have been with me for almost 2 years now.

Ellen Cronin Badeaux answered on Aug 19, 2019

You need to have a custody lawyer in LA file a Petition to recognize your OK judgment.

1 Answer | Asked in Child Support and Family Law for Oklahoma on

Q: I married then separated from a woman in 2008/2009 she has kids now am I liable.

She recently separated from the bio dad who gave them to bio dads grandma. Bio grandma sees we never divorced and has filed child support against me instead of her son. Oklahoma support is trying to serve me papers to appear for a support order even though the bio grandma is the fathers mother and... Read more »

Melissa Oxford answered on Aug 19, 2019

If you were married to bio mom when she had the child(ren), under Oklahoma law you are presumed to be the father. This presumption can be overcome by a DNA test, but you will need to request same. You indicate you "signed a notarized paper for the mom from hospitals each time she popped another one... Read more »

2 Answers | Asked in Family Law for Georgia on

Q: advice on my 5yr old grandon that has been in MY care over yr and a half and his mother took him refuses to bring him bc

he does not want to be with her she went to his school on the first day and attempted to check him out but school wouldnt let her have him since it was myself and his father that enrolled him she was not on any paperwork but the same afternoon she showed up out of the blue supposedly to bring his... Read more »

Ellaretha Coleman answered on Aug 19, 2019

If the parents were never married, unfortunately only the biological mother has rights to the child. Your son should consult with an attorney immediately to move forward with filing a legitimation action to establish his custodial rights. I am assuming this has not previously been done as there is... Read more »

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1 Answer | Asked in Family Law for Florida on

Q: We're not married my children's mother without permission moved from Florida to Illinois what can I do to have my kids?

She moved from here in Bay county where I live now and have most of my life She up and moved from Bay, Florida to Moline, Illinois without permission. Now she will not allow me to talk to my kids on the phone or even visit my kids. When I try she will not give me an address. I have no idea how my... Read more »

Rand Scott Lieber answered on Aug 19, 2019

You do not say whether you have ever been to court to establish paternity. If the answer is yes then you can return to the court that established paternity and ask for timesharing. If the answer is no then mom had the legal right to move wherever she wants. You will need to file for paternity and... Read more »

2 Answers | Asked in Family Law for Georgia on

Q: Can I change my two year old's first and middle names if he shares a name with his father (II & III)?

I ask with the assumption my son's father will be convicted of charges he has received, including four felonies (aggravated assault - firearm) and two DUI's. We were married at the time of birth. We are in GA.

Ellaretha Coleman answered on Aug 19, 2019

You will need to either get the permission of the father or serve him as a respondent in the name change petition as he is the child's legal father.

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1 Answer | Asked in Adoption and Family Law for Georgia on

Q: How can I find out my real fathers name,age,residence.

I never recieved any info from my mother before she passed. I Grew up as if everything was a secret in my life. I have a birth certificate with adopted dad its a chapter 31-10 and 290-1-3 what does that mean and why is my life before adoption non exsisting. Rumor had it i was a foundling child. I... Read more »

Homer P Jordan IV answered on Aug 19, 2019

Have you considered hiring a private detective to see if the can locate the information for you? That may be a route you want to consider. Also, have you discussed this with any other family members who may be able to assist you in putting the pieces together? -Homer P. Jordan IV, Esq.... Read more »

1 Answer | Asked in Family Law for Georgia on

Q: : Can a GAL restrict a boyfriend from seeing a girlfriend due to her child having outbursts

Can a GAL also restrict you from family functions (baby shower)in a public place (church). At which point does this get to infringe on my rights as a citizen also. It has really put a strain on a great relationship and the child is improving and crying to see me. The GAL has not checked on the... Read more »

Homer P Jordan IV answered on Aug 19, 2019

A GAL does not have the power to restrict a boyfriend from seeing a girlfriend. Their role is to observe what is going on and make recommendations to the court. However, what they are suggesting to you is also likely going to be the same recommendations they make to the court. -Homer P. Jordan IV,... Read more »

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