Get free answers to your Family Law legal questions from lawyers in your area.
I am in the process of filing a CS modification and wanted to know which will be used to calculate the child support amount.
answered on May 17, 2023
First, I would urge you to hire an attorney and not represent yourself in this case, unless you are going through the Division of Child Support Services for this modification. A Domestic Relations Financial Affidavit is a document that outlines a parents income, expenses, assets and debts. You... View More
I've already filed late CS w DCSS and they told me I could not add these expenses--only the late child support. The noncustodial parent owes over 2k in medical/extracurricular and I cover the insurance for both children and have them 100% of the time. She also owes over 7800 in CS arrears.... View More
answered on May 16, 2023
Per your statements if there are arrears of $7,800 and over $2,000 in expenses owed, that is worth you hiring an attorney to file for contempt. An attorney can obtain a judgment for the funds owed, and they can also assist you with post-judgment collections. Because it's not just about... View More
I have been married for 6 years; I want divorce. He doesn't work he's been found fully disabled but doesn't receive benefits due to my income ($50,000.00 yr.) he has threaten that he will file for alimony if we divorce. What are the chances that will be awarded alimony? We don't... View More
answered on May 16, 2023
The court is going to look at his need, your ability to pay, and determine if they're going to award him any spousal supports, if he requests it. There is no statute or guideline as to exactly when spousal support is awarded. If you file for divorce, and he files an Answer asking for... View More
His mom applied for a warrant and now there's a pre warrant hearing. I honestly didn't know. Do I need an attorney?
answered on May 15, 2023
Yes, you need an attorney.
My daughter had a controlling boyfriend and he made her give her baby to the fathers aunt whom isn’t even blood related. The lady tricked my daughter by telling her it would only be for like 3 to 6 weeks. The boyfriend was in on this also. My daughter has a learning disability and doesn’t think... View More
answered on May 15, 2023
My best advice to you is to speak directly with an attorney for a consultation and provide the paperwork you are referencing for the attorney to review. They can then see if there has been a legal guardianship filed, adoption or just exactly what type of rights were given and/or relinquished.... View More
On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??
I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... View More
answered on May 15, 2023
A judge is unlikely to dismiss a legitimation action by ruling on a motion to dismiss. Although you say you can't afford counsel, if the father has hired counsel, I would suggest you use credit, or anything you can to get the funds together to hire an attorney. If you do not consent to the... View More
my friend allowed her mother to watch her baby while she moved and straightened out her life. After reaching her goals about a month or more later the child's grandmother suddenly refuses to give child back to mom.There are no court orders giving granny any rights to the child.NOTE... View More
answered on May 10, 2023
If there is no court order granting guardianship or custody of any kind to the person who currently has the child, it is kidnapping if the child isn't returned. The mother should call the police if the grandmother refuses to return the child. And it doesn't matter who knows someone in... View More
I have been served with a petition for legitimization for my daughter? What do i need to do? He hired an attorney but I cannot afford one. Can I request a DNA test? Can he legitimize her if the DNA test proves he is not her father? Do you know any pro bono family court attorneys who might help me?
answered on May 10, 2023
If the opposing party has an attorney I would suggest you get your finances in order and hire one as well. To clarify, there are no pro bono attorneys. Some attorneys do pro bono work. Feel free to see if you can find an attorney to handle the case without any payment. But I would start looking... View More
Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.
answered on May 8, 2023
The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You... View More
My nephew's mom is my younger sister has been in trouble with the law, currently on an ankle monitor and has accepted a PPP loan for a business that she never had. She is not making the best decisions for herself nor my nephew and I want to adopt him until her circumstances improve.
answered on Apr 26, 2023
You should schedule a consultation and speak directly with an attorney to discuss this case. Because the advice given and the steps on how to move forward will depend on whether the mother consents to this change or not. This sounds like guardianship and not adoption. But even in a guardianship... View More
answered on Apr 25, 2023
You will have to contact an attorney directly and speak with them. And I would explain to the attorney exactly what you are looking for, so they can determine if they are able to bill for simply writing a parenting plan for an ongoing case.
answered on Apr 24, 2023
The husband of the mother is presumed to be the father if you were married when the children were born. But that presumption is rebuttable. But this cannot be addressed until you file for divorce. I will say that married parents have equal access to children born of the marriage until one of... View More
I’m married but separated, and my children have his last name, but they are not his children. Can he legally take them from me? I’m separated from him and I’m not allowing him to see the children. Is that wrong and can I get a restraining order against him for all the things that he’s done... View More
answered on Apr 24, 2023
There isn't enough information to answer your question. I can't tell if the children were born during the marriage, or before. That matters in terms of whether he has rights. You should talk to an attorney about your options.
I’ve been with them since birth and only a little help from dad not much. I’ve did things his way and he changed them around when he’s unhappy and he’s very controlling.
answered on Apr 19, 2023
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My ex and I (never married to each other) have 2 children, we have been to court for custody/visitation. We have joint legal custody with an every other week visitation. Do I have legal options if she never gets them for her scheduled week? This is an issue that has been going on for at least the... View More
answered on Apr 18, 2023
The legal system can't make her be a good parent. Enjoy the extra time with your children and just document for now. If you file a modification, you may get custody, but she'll get more time awarded her on paper than she's exercising now, so the actual situation may not improve... View More
I felt pressured into leaving my there was no respect in the home
answered on Apr 18, 2023
Assets both you and your spouse accumulated during the marriage will likely be considered marital property, depending on the source. When you file for divorce, your attorney should go through the discovery process, collecting information on all assets that may be considered marital property, and... View More
March 24, due to my boyfriend running from law enforcement, and leaving me w a posesion charge. He turned himself in later the same day, and admitted everything was his.My mom in law bonded me outApril 3, a little over a week and now she thinks I should voluntarily sign her temporary guardianship... View More
answered on Apr 16, 2023
Just tell her no. If she sues you for custody, get a lawyer. You probably will need to get your own place with the children.
I am legally married but have been separated for 7 months. I left due to domestic violence and his active addiction.
I have informed him I am leaving state to move . He refuses to be sober and get the needed mental health treatment. There is no case open in ga for family law and he has not... View More
answered on Apr 17, 2023
If there is no case currently pending regarding the custody of your minor child, you are free to leave the state. However, you may want to consider filing for divorce. Because with you being married, he has just as much access to the child as you do. You would not be able to stop him legally... View More
This was for school matters with our child. The lawyer performed only one or two actions, for which they billed against the retainer. We haven't needed representation since, but left the retainer in place. There has been no correspondence either way. Just remembered the retainer exists. The... View More
answered on Apr 14, 2023
That is an unusually long time to wait to see if you are owed money back. I'd suggest reaching out to them first. They may not have records that go back that far, so you may have to let it go.
He works on the weekends and just recently had my son at his job, for 8 hrs unsupervised. My child became ill and he never contacted me. My son does not want to go with him anymore, but it is court ordered. He did not bathe him for two days and kept the clothes on him I sent him with. If his dad... View More
answered on Apr 14, 2023
You speak of the next court date, and I think you need a lawyer if you have an ongoing case. It would appear that maybe you are having difficulty presenting your case in court if you have not been communicating the issues you are experiencing when the father has visitation. If there is an order... View More
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