Family Law Questions & Answers

Q: Joint custody and child abused in other home... do we have to take her back there?

1 Answer | Asked in Child Custody and Family Law for Utah on
Answered on Apr 18, 2019
Mike Branum's answer
You would need to file a petition in Juvenile Court. See https://www.utcourts.gov/abuse/child.html for the form or seek advice from a licensed attorney who practices in the Fifth District (Washington and Iron Counties).

Q: My ex was arrested for thr dv case involving myself I was subpoenaed and didnt go to court today so they dismissed

1 Answer | Asked in Family Law and Domestic Violence for California on
Answered on Apr 17, 2019
Dale S. Gribow's answer
more info needed.

i am surprised that they didn't pick you up or contact you ordering you to appear.

the facts that they didn't take any action is a good sign for you.

Q: How does the friend of the court work in regards to paternity, custody, and child support?

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Answered on Apr 17, 2019
Brent T. Geers' answer
The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.

If you are planning for a divorce, it would seem that you could list both children, and paternity would be determined through that proceeding.

Q: I filled my perscription. I later noticed the name was incorrect. What do I do

1 Answer | Asked in Family Law and Business Law for Tennessee on
Answered on Apr 17, 2019
Timur Akpinar's answer
You could bring it to the attention of the pharmacist to check if you did in fact receive the correct medication you were supposed to receive, and if the label error only involved your prescription (rather than additionally involving someone else out there who might have received your intended prescription in error).

Tim Akpinar

Q: My boyfriend passed away when I was 30 weeks pregnant. How do I get his name on our daughter’s birth certificate?

2 Answers | Asked in Family Law for Florida on
Answered on Apr 17, 2019
Rand Scott Lieber's answer
You could have told the hospital at the time of birth. If that opportunity has passed then you may not be able to do it. Try speaking to a lawyer in your area that handles probate cases (cases involving dead people).

Good luck.

Q: What rights do grandparents have?

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 17, 2019
Bennett James Wills' answer
You should ask this question to an attorney in Oklahoma to determine what, if any, visitation rights grandparents have since that state's laws would control.

Q: Can I get a restraining order on my children's father before he gets released from prison.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for North Carolina on
Answered on Apr 17, 2019
Amanda Bowden Houser's answer
Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff he did before being jailed that you were essentially too lazy to bother charging him with before he went to jail? Man, there really is no fury like a woman scorned.

Sadly, you likely can but you...

Q: How do I get my husband's ex es to leave us alone and stop harassing us and slandering our names?

1 Answer | Asked in Family Law for Oklahoma on
Answered on Apr 17, 2019
Kyle Persaud's answer
If the exes have done new things since the judge dismissed the protective order, then you can file a petition for another protective order.

Q: Prof. licenses were requested to be suspended before a background check for new job offer completed. Now what?

1 Answer | Asked in Civil Litigation, Family Law, Child Support and Civil Rights for Maryland on
Answered on Apr 17, 2019
Elizabeth Pugliese's answer
You need to file in the child support case and request an audit of your case. this will ensure they correct your record.

Q: my husband an I separated after 3 years. I had my house and truck before we were married. can he take my property

2 Answers | Asked in Family Law for Georgia on
Answered on Apr 17, 2019
Ellaretha Coleman's answer
You will typically be entitled to your pre-marital property in a divorce case. However, you should consult with an attorney to determine if the vehicle and house are truly pre-marital.

Q: Do you know how much it will cost from beginning to end to do this?

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Apr 16, 2019
Matthew Williams' answer
That depends upon what “this” is. You haven’t said.

Q: How do I go about filling for a legal seperation

1 Answer | Asked in Family Law for Missouri on
Answered on Apr 16, 2019
Lydia Seifner's answer
To file a petition for separation contact an attorney local to you to assist you. If at any point before it is finalized, you decide to cancel the separation, you can dismiss the action.

Q: If I'm left money in a will is the executor responsible in getting that to me?

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Answered on Apr 16, 2019
P. Justin Thrailkill's answer
The executor is responsible for administering the will and distributing property pursuant to the will after paying off the debts of the estate. Pension and life insurance would not likely pass through the probate process, as you can typically assign death beneficiaries for those. You can contact the executor or contact the pension and life insurance companies directly to get answers as to whether you are on those policies or not.

Q: My ex son-in-law was awarded parental rights of my 3 grandchildren, although my daughter is a good mother.

1 Answer | Asked in Family Law for Ohio on
Answered on Apr 16, 2019
Joseph Jaap's answer
She must file with the court to try to change the custody or visitation order. The court must determine what is in the best interest of the children based on all the testimony and evidence presented to the court. The court might or might not make a change. So your daughter should retain a local family law attorney to review all the facts with her, and advise her how best to proceed.

Q: How does attorney deal with the moral battle knowing about the court registry investment system and the effects

1 Answer | Asked in Family Law, Admiralty / Maritime, Child Support and Civil Rights for Texas on
Answered on Apr 16, 2019
Timur Akpinar's answer
From a practical standpoint, many attorneys do not stop and think to delve deeply into the moral issues because they tend to be more focused on its use as a tool for handling court registry funds. Their immediate attention tends to be more on individual cases.

Tim Akpinar

Q: My current spouse and I have a prenuptial agreement. Can my ex-spouse impute my current spouses income?

1 Answer | Asked in Civil Litigation and Family Law for Louisiana on
Answered on Apr 15, 2019
Ellen Cronin Badeaux's answer
Ex spouse can only impute the benefit you derive from expense sharing, not your spouse's income.

Q: Is not agreeing with my ex's life choices a valid reason to go for full custody?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Apr 15, 2019
Kathryn Hilbush's answer
The primary consideration by the court as to whether custody should be modified is whether it would be in the best interests of the child. The court decides this by reviewing 16 factors. I've given you the link below. If you decide you want to consider seeking a modification, I suggest that you first meet with an experienced family law attorney in your area to determine whether it's a good idea for you and your child.

Read sections 5325-5330 for the factors....

Q: My aunt passed away and I need to obtain guardianship of my cousin who is 13. No will. No biological father.

2 Answers | Asked in Family Law and Child Custody for Oregon on
Answered on Apr 15, 2019
Joanne Reisman's answer
You don't need to be appointed Guardian to contact social security and be appointed as the designated payee for the minor's social security benefits. SS will just require you to file a report once a year as to how you used the funds. You mention that the minor also receives state benefits so I am not sure what type of benefits you are talking about. Federal SS, SSD, and SSI payments are administered through the State of Oregon for Oregon residents.

It sounds like all the surviving...

Q: Can I move my son to another state without the father’s consent?

1 Answer | Asked in Family Law for Texas on
Answered on Apr 15, 2019
Elaine Brown's answer
The answer depends on whether you have any orders relating to custody of your son. Generally, parents that are not divorced or do not have a Court ordered custody arrangement, have equal rights with regard to the children. This means that they can take control and possession of the children and can make decisions regarding the child's welfare. However, as soon as parents separate and file a suit with the Court or begin a divorce action, the Court usually steps in and determines each parent's...

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