Lawyers, Answer Questions  & Get Points Log In
Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Nebraska on
Q: Paternity question- resembling NE case state ex rel. Miah S. V. Ian K.

In my case , instead of State , the plaintiff ( bio dad) has brought a paternity suite in his own capacity using NE statute 43-1411. The children were born during marriage of my wife and myself. We do not have any divorce decree entered. 43-1411 allows state/alleged father/mother to file paternity... Read more »

Julie Fowler
Julie Fowler answered on Sep 22, 2021

When a child is born during the marriage, there is a marital presumption that the child born during the marriage is a child of the marriage. If the parties remain married, they could object to a third party trying to establish paternity and argue that the marital presumption prevents the third... Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How do I find a pro bono lawyer for my custody case?!?! CAMDEN COUNTY, GA. I need help!!

I am starting to panic. I have exhausted every option, and I’m running out of time! My lawyer quit at the same time that my dad was in ICU for almost a month, I had a baby, my Aunt was hospitalized with COVID, my baby sister got married.... it was all so much at once.

My ex and I came to... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 22, 2021

I’m sorry to hear you are going through a rough time. You can try contacting Legal Aid to see if you qualify for their assistance. Additionally, you can call the state bar to inquire about any pro bono attorneys in your area. Plus, most attorneys do take credit cards, which may make it easier for... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Do I need to file emergency custody to get my grandchild?

My daughter passed away from covid right after having her baby. Baby is premature and was in the nicu. Acknowledgement of paternity was never established with her boyfriend but hospital still released the baby to him. Would I need to file an emergency custody order or temporary custody to get him... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 22, 2021

You need to ask the court to give you custody. But if, in the court proceeding, he establishes paternity, he might very well be awarded custody.

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: I have a daughter we share custody. And I have a question.

Her father has a crazy work schedule and it changes often. I am not working and I am available 24/7. I am willing and able to keep her on all the days he works and he can have her any day he’s off and he is available to have her. But he wants to do one week he has her and one week I have her and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 22, 2021

You can hire a custody lawyer to modify custody. But if your child is over age 5, you are obligated to contribute to her support.

View More Answers

1 Answer | Asked in Family Law for Maryland on
Q: In the court database it states PS Answer Reviewed/Contested. What does that mean?

I responded to to a complaint against me.

Mark Oakley
Mark Oakley answered on Sep 22, 2021

By filing the answer, the case is deemed a contested matter and will be treated as such (a trial on the merits will be scheduled) and --if this is in circut court-- a pretrial scheduling order setting forth various datesand deadlines in the case will be issued.

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can I pursue charges of bigamy? I believe my ex has been stalling our divorce to avoid child support of our 2 kids.

After fighting for jurisdiction of our divorce, and the courts closing down last year for coronavirus, my ex has has been uncooperative with my attorney in order to get our divorce before a judge and finalized. We’re currently headed to mediation. However, I just found out that he “remarried... Read more »

Omar Darwich
Omar Darwich answered on Sep 21, 2021

You should contact an attorney but generally speaking bigamy is actually a criminal offense under Texas law, although a defendant can escape conviction if they reasonably believed they were not already married when they entered their second marriage.

1 Answer | Asked in Family Law for Texas on
Q: Do they recognize common law marriage in Houston Texas?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

Texas, as a state, recognizes common law marriage.

There are elements you need to be aware of in order to have a valid common law marriage however

1 Answer | Asked in Family Law for Texas on
Q: In a family law case do the lawyers have to tell each other who they subpoenaed before the court date ?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

When a lawyer files a subpoena with the court, opposing counsel will be alerted.

Trial by ambush is long gone!

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: I recently discovered my divorce decree contains fraudulent, manipulated calculations. Who should I seek help from?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

you should contact an attorney asap.

find a family law attorney

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Traffic Tickets for California on
Q: How can the IT certification file before corporate burial services allocation that the lifecycle have discharge...upon?

Discharge...timeline for ex. AD or BC etc., Instructions Acanthosis Nigricans-solution; Benadryl Itch Stopping 1-0, 1% Cream...Extreme color code 'neck'-food safety or field marshal commission/Institute Risk Management Merchant ship port--tech, imperial, admiral, ambassador, or nonprofit... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

I have to admit that I don't really understand your question, but I can tell you that this is not Divorce, Family Law, Real Estate or Traffic tickets, and if you don't post in the right category then attorneys who CAN understand your question won't see it. You might want to contact... Read more »

1 Answer | Asked in Elder Law and Family Law for California on
Q: My brother sold my fathers property without his consent my father is in nursing home what do i do ?
Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

This could be a number of different wrongs, including "conversion" (think theft), and Elder Abuse. You should contact a local attorney that handles issues of Elder Abuse (Financial abuse is also Elder Abuse- you don't have to bruise them to commit Elder Abuse). You should act right... Read more »

2 Answers | Asked in Divorce, Family Law, Immigration Law and Adoption for Utah on
Q: Is there a US citizen requirement for adopting a stepchild?

I am a non-US citizen. My partner is an American biological father. His daughter is 6. Can I adopt his daughter after marrying him?

Jason F. Barnes
Jason F. Barnes answered on Sep 21, 2021

Great question. We have some answers. Give us a call 801-546-3874 and ask to speak with Attorney Jason Barnes.

View More Answers

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if I know my coparent lied on a motion to the court, on a contempt motion against me?

I have a text that says I could watch the kids and he would pick them up at 350pm that afternoon.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 21, 2021

You can present this evidence at the contempt hearing. Depending on what it is, it may or may not help you. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law for Nevada on
Q: Me and the Father of my kids DON'T get along but he insist in order for him to help me he has to be at my house

If not he won't help me and he has another child with someone else and she has no problem after taking him to court but I've tried to work with him but his abusive and won't help if his not at my house my Question what do I do he has his own place well he lives with son and takes... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Sep 21, 2021

Hello,

This can be a frustrating situation.

Our firm believes in having a Custody Decree in place so the expectations and rules are in writing and filed with the court. Having this protection allows both parties to have a guideline or "rulebook" to follow to co-parent...
Read more »

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Communications Law for Virginia on
Q: Can my father's living siblings & children successfully fight for the right to properly bury my father who has no will.

My father is born and raised in Danville, VA. He remarried to make his oldest daughter a legal citizen which wasn't completed. His baby mother has refused to allow us to have his body for our funeral & burial. They expect our entire family to drive 8 hours to visit my father, plus they are... Read more »

Benjamin Inman
Benjamin Inman answered on Sep 21, 2021

Im sorry that you lost your father. Losing a parent at any age can be extremely difficult.

I dont think there is enough information in your question to give you an answer. My best guess from reading between the lines here is that your father died outside of Virginia in a state where he was...
Read more »

1 Answer | Asked in Elder Law and Family Law for California on
Q: My dad was put in a nursing home my brother sold his property without my fathers consent what do i do ?
James Edward Berge
James Edward Berge answered on Sep 21, 2021

There's nothing you can do assuming your brother had the legal authority to sell your father's house. In other words, if he had a durable power of attorney from your father which authorized him to sell the house or he was acting as the trustee of your father's trust which owned the... Read more »

1 Answer | Asked in Family Law, Legal Malpractice and Contracts for Arizona on
Q: Hello, My question is, is it legal for a family member or anyone else to become an gaurdian without the person being

Without the person knowing? For some reason I couldn't finish my question.

Thank you

Mike Branum
Mike Branum answered on Sep 21, 2021

In an emergency situation it would be possible to obtain a temporary guardianship without the person's knowledge. A permanent guardianship would not likely be granted without having the ward appear before the Court.

1 Answer | Asked in Family Law for Illinois on
Q: Father of 10yr old and share 50/50 custody. Me and his mother disagree about the dangers of corona

I have given up going to what I’d consider high risk places long ago, never do I go anywhere without wearing a mask as additional protection for my own protection and my sons. The mother sees no issue going to bars, events etc. that I consider high risk without a face mask. Im concerned this is... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

It is a difficult situation.

You cannot compel another parent to use the same level of seemingly reasonable to you precautions to protect your 10 year old son.

Also, a 72 hours "quarantine" will not assure that the son will not get exposed to any Corona strain as...
Read more »

2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Q: Does a lawyer have to file a notice of appearance before a court date?

Can someone just show up to court with a lawyer that they previously did not have?

Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Sep 21, 2021

Yes.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Q: Does a lawyer have to file a notice of appearance before a court date?

Can someone just show up to court with a lawyer that they previously did not have?

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 21, 2021

Basically you can hire counsel as long as you find one who will take your case. Occasionally counsel is brought in late in the proceedings and asks for a Continuance which the Court can allow. This may be the concern you have- delay of the proceedings. Occasionally counsel brought in may have a... Read 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.