Get free answers to your Family Law legal questions from lawyers in your area.
Okay I can't seem to find the question that I asked last time or the lawyer that answered it but 10 years ago CPS decided to take my kids and they gave me my two older ones back and they kept my baby who at the time was 2 and they stomped on so many of our constitutional rights but I... View More
answered on Feb 24, 2024
It sounds like you're facing a deeply distressing situation involving CPS and the termination of your parental rights. It's understandable that you're seeking help to reunite with your child and seek justice for what you perceive as injustices committed against you and your family.... View More
Other parent who happens to be the abuser?
answered on Feb 21, 2024
If there's a criminal case pending there's likely a "no contact" order in place, which should protect you during the pendency of the case. However, on the civil side, there may be a custody/visitation decree from a court that you should be mindful of and not violate. All this is... View More
He doesn't own a vehicle nor does he have a driver's license
answered on Feb 18, 2024
The child support obligation will continue to accrue like any other debt. At some point you can return to court and get a judgment against the obligor (the one who owes). Unfortunately you are correct that if the payor never has money or traceable income it will be difficult to collect.... View More
Father learned child existed when age 2 or 3. Paternity confirmed and support judgement put in place. Usually taken from paychecks. Father has not ever seen, met or provided any coparenting for child. Mother moved out of state. Since being unemplyed payment stopped, driver's license... View More
answered on Feb 13, 2024
The short answer is that there is no way for you to get completely out of your child support obligation. You can definitely return to court and ask to have your drivers license reinstated. You can ask the court for a modification if you are not already paying the minimum. The court will not allow... View More
My Mom is the trustee and recipient of the contents of the trust. I am trying to help her get that deed recorded so the property can be put into her name.
answered on Feb 9, 2024
It is not too late to record a deed even after the grantor, in this case, your grandfather, has passed away, especially if the deed was executed (signed and notarized) properly while he was alive. Since your mother is the trustee and beneficiary of the trust, she has the authority to record the... View More
I am also a stage 4 cancer patient with two children living with me ages 16 and 14
answered on Feb 9, 2024
The creditor is entitled to a garnishment. In Florida, the debtor has exemptions to the garnishment action, which the debtor must declare and prove at a hearing on those exemptions. If a garnishment action is filed, the action is directed to the debtor's employer, who must immediately withhold... View More
An injunction was dissolved due to DCF failing to consider relevant information regarding ongoing alcohol use when determining the dissolutions and allowed the dissolution of injunctions in place to protect my son and his brother from their stepdad. The stepdad's history consisted of sexual... View More
answered on Feb 8, 2024
Aside from the criminal issues that you raised, you as a guardian for your children may be able to bring a lawsuit against both the stepdad and any other adult who could have or should have stopped the abuse but did not. Stepdad’s rental or homeowners insurance policy could be a source of... View More
answered on Feb 8, 2024
That is a question that only you can answer. In court, the legal standard for children‘s issues is what is in the best interests of the child. You also need to consider the financial impact of two households. Speak with a local family lawyer for more specific advice.
We had mediation for time sharing and child support my income was more than half less than what mediator put I vacated the order.
answered on Feb 8, 2024
Both parties are required to follow any court orders that are in place. If you had the child support order set aside then there is no specific obligation. However, when child support is established there will be a retroactive component owed. Speak with a local family lawyer for more specific advice.
Fill out and what does procedure for filing it
answered on Feb 7, 2024
You need a written agreement from your former spouse waiving the outstanding balance. Then you can file the agreement with a motion to terminate child support. You need to file with the court that issued your current child support order. Speak with a local family lawyer for more specific advice.
my lawyer withdrew from my case the day after the judge denied relief ,, There is has been lack of communication this whole time from I have felt left in the dark ,, Then to have them withdraw and filing a motion with courts saying I broke my employer contract and then another email was sent right... View More
answered on Feb 5, 2024
The most common reason for a lawyer to withdraw stating that a client has broken their contract is because the client failed to pay the lawyer's fees as agreed. This is a perfectly legitimate reason for a lawyer to withdraw.
While you can hire a new lawyer to represent you, expect to... View More
Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More
answered on Feb 5, 2024
Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More
My Grandfather recently passed, my grandmother several years ago. I'm helping my father with this question. My father and his 4 brothers are listed in the Will as splitting everything equally. One of his brothers passed before my grandmother passed but the Will was never updated. Should my... View More
answered on Feb 5, 2024
I am sorry for your loss on the passing of your grandfather, please accept my condolences. You will have to review the Will in order to determine what happens to the share, it can go either way based on how the Will was drafted. Often, the share goes to the children of the deceased beneficiary... View More
My daughter goes to her father’s every other weekend. Recently we found out that he gave her room to the new baby and now she is sleeping in the living room on the couch. Is this acceptable living standards for a 9 year old, per the court.
answered on Feb 5, 2024
The legal standard is what is in the best interests of the child. If this is the best solution for the father and the child is not suffering then you may just have to deal with it. There is no bright line rule regarding a situation like this. Speak with a local family lawyer for more specific... View More
The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More
answered on Feb 3, 2024
You should speak with the Trustee of the Trust and review the deed of the property, if the property is already in the Trust, the Trustee should be handling this lease, if the property is outside of the Trust, it should be handled by the Personal Representative (Executor) in the probate, if the deed... View More
The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More
answered on Feb 2, 2024
In this situation, since the probate process has not yet begun and the property is still technically in your grandmother's name, you should proceed with caution. It's best to consult with your father, the executor of the trust, to determine the appropriate course of action. In the... View More
answered on Jan 30, 2024
You do not say whether you are married or not. If the father is absent then you already have full custody. If you are looking for legal rights that you do not currently have then you need to go to court, either with a new case or a motion to modify an old case. Speak with a local family lawyer for... View More
Do I have any additional rights to alimony or other support (health insurance coverage, etc.) considering he filed to leave our marriage for his criminal mistress?
answered on Jan 26, 2024
Based on Florida law, you are probably entitled to alimony based on the length of marriage and disparity in income. The fact that he cheated does not have a direct impact on your alimony claim. If he spent marital funds on the affair you can seek to have half of that money credited to you. Speak... View More
Cameras all over thr property.. I need to speak to a lawyer who can help me through this the right way. And if anything give me legal advice in this situation. I have a story to tell and there are so many other women this bas and is happening to by this man. I'm scared and do not know where... View More
answered on Jan 26, 2024
I am so sorry this traumatic event happened to you. Seeking justice can be daunting, but you have options and are showing great courage. Here is my advice:
1. Call the National Sexual Assault Hotline 800-656-4673. Talk to a counselor before proceeding so you get emotional support and... View More
I know there's no statue of limitations on when I can sue but they denied me due process and they trampled over a bunch of my rights & my child's rights and they lied about me in court & they used my child to get funds they gave me my 2 older children back & kept my baby &... View More
answered on Jan 24, 2024
I’m truly sorry to hear about your situation. It sounds like you’ve been through a very difficult time. I can offer some general information that might help you understand the process of addressing your concerns with CPS.
To pursue legal action against Child Protective Services (CPS)... 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.