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Family Law Questions & Answers
1 Answer | Asked in Family Law and Appeals / Appellate Law for Louisiana on
Q: What If a peraon was interdicted and he is not incompetent
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 11, 2019

Then he cannot make any medical or financial decisions for himself.

2 Answers | Asked in Family Law for New York on
Q: My niece who is 8 lives with her father in Florida because my sister passed away in a car accident.

She doesn’t have His last name and he is not on the birth certificate. If he changes her last name now will we loose our rights as her family ? We just want to be able to still see her be he has told her that we are not her family.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 11, 2019

You have to repost this in the Florida section as it would depend on Florida law not NY.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Florida on
Q: What can I do?

I have been trying to get custody of my 2 year old niece since July 2019, I have done everything as far as background check, home inspection, drug test and weekly visits. Even though I am her paternal aunt the judge will not grant the motion for her to be moved out of foster care and placed into my... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 11, 2019

It sounds like you need to consult with and/or hire a lawyer where you live who specializes in this area of the law.

1 Answer | Asked in Family Law for Florida on
Q: Hello, my 17 year old daughter is still attending her last year of hs in Kentucky. She turns 18 in December. She wants

To return to Florida and reside w me back in Florida. I filed a modification of our parenting plan in fL a few months ago but was told by my lawyer that my exhusband has jurisdiction (in Ky) over the case. He hs has lived there for over 4 years with the children but we we never made the changes... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 11, 2019

Unless your ex agrees to the change you must return to court to ask permission. I cannot comment on Kentucky law but in general you must file where the child lives.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can custodial parent move over 150 miles away in same state (north dakota)?

Also can they require the non-custodial parent to travel more than half the distance for their parenting time? Can the custodial parent deny weekday visits saying they can only do visits at a location closer to the custodial parent. Even if this language is not in the court order? The move was also... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

The court order contains all of the requirements. Everything else is just the other parent trying to pull a fast one. An order cannot require that a person never moves - but a person moving could, potentially, have other implications. Unfortunately, you will not get specific advice on this... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Do I legally have to provide proof of my work schedule for scheduling a mediation

I'm representing myself. We were given dates to choose from, they picked next week because it fit around her work schedule, I declined due to my work schedule and her lawyer then emailed me requesting my work name address and phone number to prove my work schedule.

Corwin Kruse
Corwin Kruse answered on Oct 11, 2019

The lawyer can request, but you do not have to provide. That said, unless it would impact your work relationship or jeopardize your job, it may be simplest to give the information. At minimum, you should provide alternative times that WILL work for you for mediation.

1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: Can i file for custody and a visitation order if i dont know the other parties address?
Neville Bedford
Neville Bedford answered on Oct 10, 2019

You could, but it may be pointless. Even if the court allows you to give notice by way of (very expensive) advertising, you will still not know where to find your children should the court grant your prayer for placement of the child(ren). An experienced family court attorney will likely have some... Read more »

2 Answers | Asked in Family Law and Domestic Violence for Rhode Island on
Q: My brother & his girlfriend have lived in N. Carolina for about 6 yrs. and they have 2 kids. The girlfriend left with

Her new boyfriend and one of the children. When she arrived in Rhode Island she filed a domestic violence complaint with the courts in R.I. and she alleges the violence occurred in NC. Shouldn't she file in NC? Fyi- she filed this complaint to prevent my brother from driving to RI to bring the... Read more »

Neville Bedford
Neville Bedford answered on Oct 10, 2019

A2: Your brother would be well advised to consult with an attorney or two (one in each jurisdiction) to understand how the court handles the jurisdictional issue you present on his behalf. When there is a custody order in the foreign(to RI) jurisdiction, the case will normally be heard there. BUT,... Read more »

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1 Answer | Asked in Family Law and Domestic Violence for Rhode Island on
Q: My brother & his girlfriend have lived in N. Carolina for about 6 yrs. and they have 2 kids. The girlfriend left with

Her new boyfriend and one of the children. When she arrived in Rhode Island she filed a domestic violence complaint with the courts in R.I. and she alleges the violence occurred in NC. Shouldn't she file in NC? Fyi- she filed this complaint to prevent my brother from driving to RI to bring the... Read more »

Neville Bedford
Neville Bedford answered on Oct 10, 2019

Your brother would be well advised to consult with an attorney or two (one in each jurisdiction) to understand how the court handles the jurisdictional issue you present on his behalf. When there is a custody order in the foreign(to RI) jurisdiction, the case will normally be heard there. BUT, if... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: My 14 yr old son is threatening to runaway. Who can I contact to try and stop this before it happens
Krispen Culbertson
Krispen Culbertson answered on Oct 10, 2019

As much as I hate to say this, there aren't any good options, short of serious vigilance and professional counseling.

Your other options:

(a) Call the police, who will say they don't normally act in that kind of capacity -- still, they might agree to give him a talking to;...
Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Do I need a lawyer to parental terminate rights or can I file paperwork myself??

Father has not tried to contact our daughter since July of 2017.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 10, 2019

That won't do it. You can get him terminated if your husband wants to adopt, he hasn't paid child support in 6 mos, and hasn't seen his child in 6 months.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Alaska on
Q: Can we move out of state with our child and have the cases transferred

Our son is a child in need of aid but the court granted us full custody and rights over our child. We were in the process of moving to Texas to be with family can we still move and have our case transferred. We have another hearing in 6 months and how fast can we leave

Stefan Otterson
Stefan Otterson answered on Oct 10, 2019

More information is needed to answer you question. Child custody jurisdiction usually requires that you and the child reside in the new state for at least 6 months before that state can handle custody matters. However, that's not automatic, and if the other parent still resides in the original... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: How long do I let my ex go on not telling me about our child's medical appointments?

My ex and I share joint and legal custody and defined primary decision making in different areas in the case we cannot agree. My ex has taken our child to several appointments for conditions that they deem as medical but has not told me about any of them. I'm finding out about the appointment when... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Oct 10, 2019

You must refer to your Judgment for Dissolution of Marriage to see what it states regarding medical appointments. If your ex is supposed to inform you of these appointments prior to the date of the appointment and your ex is not doing so, then you can file a Petition for Rule to Show Cause for a... Read more »

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: My Child is 18, did not graduate. Is working full time. And won't be going back to school until the next semester.

18 yo is paying for rent and food to ex. Do I still have to pay child support at this point?

Corwin Kruse
Corwin Kruse answered on Oct 10, 2019

Per Minnesota law, a "child" for the purposes of child support is "an individual under 18 years of age, an individual under age 20 who is still attending secondary school." If the child is 18 or more and presently not in school, you have an argument that child support should terminate. The... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: What can I do too get custody of my 2 kids they live with me and the mother does !

The relationship ain't working out, she's been having an affair and being really disrespectful and I had enough?

Sanjoy Kumar Guha
Sanjoy Kumar Guha answered on Oct 10, 2019

File petition before court for getting child custody ,whereby the court takes into account literally dozens of factors to determine where the child or children should reside as their primary residence and which parent should make important decisions in the child’s life such as educational,... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can a mother refuse to allow a DNA test of a child?

Mother was sexually involved with 2 men, not married to either, but lives with Man A. A prenatal DNA test was done and the results state Man B is the father. Mother states that she is moving forward as if the baby belongs to Man A. Can she refuse to allow a second DNA test with Man B upon the birth... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 10, 2019

Yes, she can refuse and then man B can get the Court to force her to comply. Of course, unless man B plans to try and obtain custody of the child, all man B is really doing is setting himself up for 18 potential years of paying child support.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I filed for divorce but missed the court date and the case was dismissed. How do I proceed with the divorce?

I have not had contact with my spouse and do not know of his whereabouts any longer. I have tried to contact him regarding the divorce but I get nothing back, I don't know what to do anymore.

James G. Ahlberg
James G. Ahlberg answered on Oct 10, 2019

You have 30 days from the date a case is dismissed to file a motion asking that the order of dismissal be vacated. If the motion is granted it reinstates the case. As far as your spouse's whereabouts, (1)if you had a Summons and Petition for Dissolution of Marriage served on him or her, (2)he/she... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Our shared custody agreement says shared. HolidaysNow hes taking him out of state for them.what do i file
Rand Scott Lieber
Rand Scott Lieber answered on Oct 10, 2019

File a Motion to Enforce the Parenting Plan.

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Support for Illinois on
Q: I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was considered disabled since my accident on 12.24.17 and been home since. We will be pursuing a lawsuit of 7 figures! How does this affect my child support once all... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 10, 2019

These are questions to take to the lawyer handling your case. He or she is intimately familiar with details about your circumstances that uniquely enable him or her to give you accurate advice. You've already committed to pay that lawyer a large fee. You should feel free to pose your questions to... Read more »

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