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3 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: I’m in Nassau county for divorce. My appointed lawyer doesn’t answer anything. How to get rid of him

He won’t answer anything. Failed me on trial. Spoke to me once in 7 months. The kids attorney is appointed as well. She is bias and ruining my kids. She hasn’t done one thing in the best interest of the kids. My ex continues to harass and abuse me asked for an order of protection my attorney... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

The law provides that up to your full attorney fees could be paid by your spouse if she is sufficiently "monied" to do so in the discretion of the court. I am not sure how you got appointed counsel on a divorce, but absent your hiring one you like, you can represent yourself or raise the... View More

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2 Answers | Asked in Family Law and Child Support for New York on
Q: Can a 25-year-old child take her father to child support for arrears?

Twenty-six years ago, I was in a relationship with a woman who claimed she was pregnant with my child. When I requested a DNA test to confirm paternity, she became furious and refused to cooperate. Now, twenty-five years later, my daughter has reached out to me, saying her mother told her I am her... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

I infer the mother never started a child support action against you, so no support order, much less arrears, was ever put in place. It is highly unlikely that the child, now an adult, can request child support from a court. I cannot think of an exception, but to be sure, contact a local family... View More

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2 Answers | Asked in Family Law and Business Law for California on
Q: will registering in a domestic partnership affect my personal business?

I have an established business currently registered in my name. My current partner and I are considering to register in a domestic partnership. However, I want to keep my personal relationship and business completely separate.

Pavel Kolmogorov
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answered on Feb 3, 2025

Registering in a domestic partnership will generally affect your personal business in the same way that marriage would, as domestic partners are granted the same rights, protections, and responsibilities as spouses. This includes community property rights, mutual responsibility for debts, and the... View More

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1 Answer | Asked in Civil Litigation, Criminal Law, Sexual Harassment, Family Law and Personal Injury for Texas on
Q: What law practice does suing for child abuse and neglect fall under and how to find a lawyer for such an incident

This would include assault of a child, neglect of any type and sexual harassment

John Michael Frick
John Michael Frick
answered on Feb 3, 2025

If the lawsuit will be against someone for monetary damages, the lawsuit falls into the area of practice known as personal injury law.

If the lawsuit will be to terminate or modify the parent-child relationship, it falls with the area of practice known as family law.

These types...
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1 Answer | Asked in Family Law for Texas on
Q: WHAT ARE MY RIGHTS AGAINST CPS. CPS SAID I NEEDED TO HAVE A SUBSTANCE ABUSE ASSESMENT DONE . THEN SUBSTANCE ABUSE

FACILITY INFORMS YOU THAT CPS IS THE ONE THAT NEEDS TO FILE FORM AND EMAIL IT TO THEM. AND THAT CPS LADY KNOWS THAT HER HAVING INDIVIDUAL CALL IS NOT HOW THEY DO THINGS. THEN WHEN CALLING CPS TO INFORM HER OF WHAT I WAS TOLD. SHE TELLS ME THAT SHE SPOKE WITH "LADY A" SHE SAID FOR ME TO... View More

John Michael Frick
John Michael Frick
answered on Feb 3, 2025

You absolutely have the right to decline to submit yourself for a voluntary assessment. CPA would then be obliged to file a motion asking for a court-ordered substance abuse assessment and would have to present evidence warranting it. You would have the opportunity to argue against it and to... View More

3 Answers | Asked in Family Law, Landlord - Tenant and Probate for California on
Q: My brother passed away this week in his Apartment. I want to get access to his apt. to retrieve personal items.

What are my rights? He did not have a will

Ravi Patel
Ravi Patel
answered on Feb 1, 2025

I am sorry for your loss.

Under California law, your brother's heir(s) have the right to start proceedings to recover the personal items. Your brothers heirs are his spouse and children (living or deceased), or if none, his living parents, or if none, his siblings.

If you are...
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2 Answers | Asked in Family Law and Child Support for California on
Q: If my ex paid for the kids sports and I called for a refund. & only half was refunded. Is there grounds for prosecution?

Can criminal charges be filed against me for accepting 50% to be refunded to the ex?

Do I owe her the 50% that wasn’t refunded to her?

Jennifer Setters
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answered on Jan 31, 2025

Whether criminal charges could be filed against you for requesting and receiving a partial refund depends on several factors, including intent, agreements between you and your ex, and how the refund was processed. However, here are some key legal considerations:

1. Was It Fraudulent?...
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2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Domestic violence.

i am in a custody battle. parenting alienation. now i am charged with domestic violence (false claims) i was assaulted first with a bloody mouth. and I was seen trying to deflect her blows which appeared to be me hitting her. a restraining order was filed. my childs mother alleges she is scared of... View More

Jennifer Setters
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answered on Jan 31, 2025

This is a complex legal situation involving custody, parental alienation, false allegations of domestic violence, and a restraining order. Given the high stakes, you should consult an experienced family law attorney and possibly a criminal defense attorney as soon as possible. However, here are... View More

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2 Answers | Asked in Family Law for California on
Q: Can you revoke a POA without knowing the creation date in California
Jennifer Setters
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answered on Jan 31, 2025

In California, a Power of Attorney (POA) can generally be revoked at any time as long as the principal (the person who created it) is mentally competent. While knowing the creation date can be helpful, it is not always required to revoke a POA.

To revoke a POA, you should:

Draft a...
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3 Answers | Asked in Child Support and Family Law for California on
Q: Q: My ex “lost” the child support check I gave her 4 weeks ago. Do I legally HAVE to cut her a new check?

4 weeks ago I gave my ex a child support check (in full and in time). It was a cashiers check. She just messaged me to inform me that she misplaced the check, and is demanding that I process a stop payment for the original, and issue her a new one. I understand HOW to do this. My question is, what... View More

William John Light
William John Light
answered on Jan 31, 2025

Of course you do. You have an obligation to pay. You haven't paid, although through no fault of your own. You obligation still exists. Also, this is for your child. Shame on you for not immediately doing all you can to make sure your child has the money necessary for his/her survival,... View More

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1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: If there is an injunction with a contact provision of using an app for child communication, am I required to do so?

I reside in Polk county fl, my ex is out of state. Per the order, I have full physical and legal custody, no time sharing. There is no parenting plan past or present. I assume the provision to use the app is there should I need to discuss the children. However, I am unclear on if I am ordered to do... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 30, 2025

I would interpret the provision as follows:

1) You should download the app. Verify that the app gives notice to the other party that it gives notice to the other party that a message has been sent.

2) Ascertain that your ex has downloaded it as well.

3) If your ex...
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1 Answer | Asked in Child Custody, Family Law and Probate for Texas on
Q: Can Guardian (SC) file in TX Petition Modify Parent child relationship on behalf of Incapacitated Adult ward

If the totally Incapacitated Adult ward (Lives in Ohio) has possessory Conservatorship of minor child ( Child in Texas), does It extend to the Guardian

Do courts have to verify out of state Guardianship

Gratia "Grace" P. Schoemakers
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answered on Jan 30, 2025

Guardianship always needs to be verified. However, it depends on the petition if the Guardian actually has the right to file it. Not knowing what is in the petition makes answering this question really hard. You should contact a family attorney near you who is familiar with the Uniform Child... View More

1 Answer | Asked in Estate Planning, Family Law and Uncategorized for Illinois on
Q: MY SISTER REFUSES TO GIVE ME INFORMATON ABOUT OR DECEASED MOTHER'S ESTATE. HOW CAN I GET THIS INFO?

My mother died on 12/19/24. My sister who hsa her POA over her finances refuses to give me any information regarding her estate. I know i am entitled to half. How can i go about getting my half of the estate? I do not know if my mother had a will or not. She refuses to provide me this... View More

Cheryl Powell
Cheryl Powell
answered on Jan 29, 2025

The POA died with your mother. If there is a will, it should be filed with the circuit clerk of the county she lived in within 30 days of her death. You can get a copy there. Do you know who the lawyer would have been that drafted poa's and maybe a will? If so, check there to see if they... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I sell possessions to pay bills because no money is being given to support the kids

My future ex husband hasnt given me any money to support his kids and I am currently looking for work and hes working. Can i sell item in the home to help support my kids till the dissolvement of marriage.

Joe Benson
Joe Benson
answered on Jan 30, 2025

Typically, if you are in need of financial support to pay your bills and take care of your children and your husband is contributing or providing financial support, then you are forced to request through the court either temporary child support and/or spousal support. The amount of child support... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I sell possessions to pay bills because no money is being given to support the kids

My future ex husband hasnt given me any money to support his kids and I am currently looking for work and hes working. Can i sell item in the home to help support my kids till the dissolvement of marriage.

Kunal Mirchandani
Kunal Mirchandani
answered on Jan 29, 2025

I'm sorry to hear you're going through this tough situation. In general, if you're in the process of divorce and trying to support your kids, it's important to know your legal rights. As for selling items in the home, technically, it depends on whether the property is considered... View More

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1 Answer | Asked in Family Law for Utah on
Q: I need help with changing my birth name

I was raised by my aunt and uncle and they gave me their name but my birth certificate has my birth parents name and it shows my name the same as my birth parents, I need to change it to the name I have always used since birth so I can get a passport

Kregg Wallace
Kregg Wallace
answered on Jan 29, 2025

The Utah Courts have some instructions about how to change your name. You can use those instructions yourself or you can reach out to us and one of our attorneys can help you through that process.... View More

1 Answer | Asked in Family Law for Illinois on
Q: What do I do about an incest relationship In my family my sister and my moms brother ( uncle) and they had a child.

She was pregnant a while back but she couldn’t go full term. And then they basically told my mom that they have a relationship and the baby might be my uncles child. Plz help idk what to do or feel about this!

David Giffin
David Giffin
answered on Jan 29, 2025

This is a matter that should be brought to the police, not to a family attorney. Illinois law prohibits certain categories of close family members from engaging in penetrative sexual intercourse. This includes aunts and uncles with nieces and nephews. Additionally, if your sister is a minor, your... View More

3 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: I want to apply for my spouses green card we aren't living together because I am in school but can prove that should we?

I am currently a full time student and am enrolled in university just married my gf of 3 years and want to file for her I have affidavit of support with a financial co sponsor and proof such as letters texts pictures videos marriage certificate pictures of ceremony opening a bank account soon is... View More

Glendia  Del Evans
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Glendia Del Evans
answered on Jan 29, 2025

Yes, you are eligible to apply. Living together is not the only way to demonstrate a bona fide, good-faith marriage. I have successfully handled hundreds of cases where spouses live apart due to work, school, or other circumstances.

If you have been married for less than two years at the...
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3 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: I want to apply for my spouses green card we aren't living together because I am in school but can prove that should we?

I am currently a full time student and am enrolled in university just married my gf of 3 years and want to file for her I have affidavit of support with a financial co sponsor and proof such as letters texts pictures videos marriage certificate pictures of ceremony opening a bank account soon is... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 29, 2025

Yes, even though you are not living together, you can still sponsor your girlfriend after marriage for a green card. You would need to explain in writing exactly what your circumstances are that precludes you from living together. It appears that based on your fact pattern that you have a... View More

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I adjourn a trial case if my court appointed attorney hasn’t responded back to my calls or emails?
David P. Badanes
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David P. Badanes
answered on Jan 28, 2025

You need to contact both the Judge and the court appointed attorney to explain your situation. If their is sufficient time, the Court may grant you an adjournment. However, the Court may state that it is too late to get an adjournment. A lot of this depends on the Judge and all the circumstances.

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