Get free answers to your Family Law legal questions from lawyers in your area.
My ex-girlfriend sent a message to my baby mom while we were arguing. She unsent the message and apologized, and hasn’t contacted her since. Can my baby mom get a restraining order on her still? Will my ex have grounds to fight the order if she’s sought mental health help/ has not continued... View More 
answered on Apr 24, 2023
Your question raises two separate issues. Regarding a restraining order (injunction), the person seeking the injunction would have to show fear of imminent danger or harm. If the matter were to go to hearing, the respondent (person who the injunction is against) would have the opportunity to... View More
The reason why I was placed on child support by the department of revenue is because my children’s father applied for food stamps. There was no custody agreement nor order. The children resided with me at my residence 365 days out of the year every year. To which he admitted to in court during a... View More
answered on Apr 21, 2023
Depending on the timing of the order it is possible that it can be appealed. You have asked a complex question with a lot of variables. You should definitely make sure that you are not paying child support now. If you can prove to the court that the children are with you full time then you should... View More
My wife has her own child custody case from a previous relationship. She is the primary parent to her child. This is in FL.
answered on Apr 19, 2023
The short answer is no. Child support is based on the incomes of the parents, not subsequent spouses. In fact, you can seek to prohibit or limit discovery of the new spouse's finances. On the other hand, if a parent stays at home, not working, and is fully supported financially by the new... View More
Child’s mother is listed as the primary parent on the plan and currently have an account with the district regarding the child’s education enrollment but has neglected to submit any application to be enrolled into primary school. She is located in a different county than myself and my wife.... View More
answered on Apr 19, 2023
Education issues fall under shared parental responsibility. If the parents cannot agree then your remedy is to return to court. Speak with a local family lawyer for more specific advice.
My ex-husband only has supervised visits and but he has not contacted our son by phone or any other form in a month
answered on Apr 19, 2023
If you are seeking termination of parental rights pending adoption by your current spouse, you may reach out to the Father to see if he would be willing to sign a consent. Otherwise, in order for a court to terminate parental rights, there needs to be evidence of abandonment or neglect of the... View More
We have a LDPP in place filed at the court house. BioMom wants to change it forcing me to pick up my son from school on Fridays instead of our current agreement of meeting halfway. They live 89 miles away from me (they moved before we filed the LDPP). Will a judge favor her choice? And can she... View More
answered on Apr 19, 2023
You raise two separate issues. As far as the exchange goes, if you previously agreed to meet halfway and have been doing that then the court will probably follow that arrangement. Child support is the right of the child under the law and cannot be waived by the parents. The court will address child... View More
Safety. Nothing sexual at all. In nc aoc is 16. Therapist calls CPS 5 whole days later. Cps forces a plan preventing them from seeing one another. Who's in the wrong?
. Our verbal agreement was to pay half and half. Is it possible for me to force him to pay his half off during our divorce so I don't have to keep begging him to send me $125 every month as I have been? (and he has not paid in 4 months)
answered on Apr 17, 2023
Yes, as long as the tax liability was accrued during the marriage then you are each responsible for half. You can either agree to pay it off as part of the divorce or include it in a marital settlement agreement. If no agreement then the judge can order that you are both responsible. Speak with a... View More
There's a few things I'd like to change (communicate only through approved state app..no cell phone..and have the drop/off-pickup of my son at a police dept). Do both parties have to agree to those changes?
answered on Apr 17, 2023
You have two choices. If both parties agree then you can write up the changes and both sign the agreement. If both parties do not agree then you must return to court to request the changes (modifications) that you want and explain why you want them. Speak with a local family lawyer for more... View More
I divorced my ex in 2016. He raped me and went to prison and when the divorce was finalized support wasn't ordered due to prison time he was facing. He did 5 years and was released then was picked up again on separate charges for 9 months and was released 2 days ago. If I modify the child... View More
answered on Apr 15, 2023
You need to read carefully the original court order. If the order "reserved" on child support then you can go back to the beginning. If it did not reserve then you may be limited to going back in time 24 months (two years). Speak with a local family lawyer who offers a free consultation... View More
9 mos. past moms death, her will, testament, not deposited with clerk
not sharing details of instructions with family members
answered on Apr 14, 2023
You could hire an attorney and file a probate petition yourself.
school or can I just go to public school?
answered on Apr 11, 2023
When you turn 18, you will be an adult, and thus be able to make your own decisions, including where you go to school. Keep in mind, however, that your parents will no longer have the obligation to support you either.
Hiding the car and the leasing company can't repossess. My daughter is now incurring the bad credit. What can she do?
answered on Apr 11, 2023
For financial relief she can sue the ex in small claims court. Regarding the car, perhaps she can report it as stolen. Unfortunately her credit is going to take the hit because she cosigned, regardless of these other two possibilities.
I put in for a Notice for trial, but he still had documents and the parenting class left to do so it was rejected. How can I bypass him if he doesn't complete the requirements so I can just be divorced? What form should be filled out to bypass? I have filed for default before, but... View More
answered on Apr 10, 2023
You need to ask for a case management conference with the Judge and explain that you have done everything and want to schedule the trial/ final hearing. Speak with a local family lawyer for more specific advice.
Hi. My husband has a 10 year old son that lives with his mom in PR. She has full custody of the minor but in the divorce they agree dates for him to travel and spend with his dad. But now he wants to live with us here. Is there a specific age he can decide.? Or what would be the process to have... View More
answered on Apr 10, 2023
You do not mention which state issued the divorce decree/ custody order. Under Florida law a child never gets to decide, absent extreme circumstances. Speak with a local family lawyer for more specific advice.
She would like to come visit us out of state for a week can she take minor child without permission
answered on Apr 9, 2023
As long as she is not relocating permanently and notifies the other parent that she will return in a week there should be no problem. She needs to read carefully any court orders that are currently in place to make sure that she is not violating any provisions. She should speak with a local family... View More
I know someone who got pressured into an engagement and the in-laws booked a venue and caterers less than a day later. They’re planning an entire wedding without his input or any consideration for his family who I believe may not even be invited. The wedding will be only 3-4 weeks after the... View More
answered on Apr 9, 2023
Generally speaking the answer is no. The person needs to be careful about how much they are participating in the planning and whether they sign any contracts with providers of services. This sounds like something that they should say to the fiance?!
Reaching out to seek help regarding the termination of parental right of my daughter that happened in 2018 due to a medical malpractice that could be proven but because it’s past the statues of limitation couldn’t proceed to sue the hospital however I am in pursuit of trying to seek legal... View More
answered on Apr 6, 2023
Sorry to hear about your crisis. It is probable that the only way you would have any potential claim regarding wrongful acts by DCF employees is if the court adjudication that was adverse to you is vacated. You're basically saying you were maliciously prosecuted. (That term applies to any... View More
what a case management conference is exactly and if the attorney to the other party has entered a notice of conclusion of representation what are the chances of the other party even showing up now that he now longer has a lawyer
answered on Apr 6, 2023
The other party should have received a notice of the case management conference too. Both of you should attend.
My dad took my phone out of my hands after physically ripping it out of my hands as we were tugging for it. I am 18, and I still live in his house, he currently pays for the phone bill and also bought the phone for me when I turned 16. There were never any rules established on any circumstances for... View More
answered on Apr 4, 2023
Yes, you can transfer the service for the phone into your own sole name and start paying your own cellphone bill. That sounds like what your dad is asking. Since you are 18, that is a reasonable request. Tell him that you are setting up cellphone service and would like him to release the number... View More
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.
