Get free answers to your Family Law legal questions from lawyers in your area.
My sons bio father does nothing for him,doesn’t see him anymore he also stays in another state and i doubt he’s willing to give up his parental rights even though i can prove he isn’t fit to be a parent.My boyfriend has been caring for my son and doing for him since he was 1 month old.We do... View More
answered on Jun 3, 2024
You aren't able to simply put your boyfriends name on your child's birth certificate because he helps to support your child. If your boyfriend was able to ever adopt your son, after marriage, then he would have legal rights. But no, you can't simply remove the biological father and... View More
I am a single parent, and divorced 4 years ago ,
All our grandparents are abroad (me and my ex)... this July summer break we split the kids for two weeks
I would like to take my kids to be with with the grandparents and family for two weeks.
My ex is OK with that.... View More
answered on Jun 3, 2024
If a court order says you pay child support then you pay child support. If the order doesn't suspend child support during periods of visitation then child support remains the same, even during those periods. The child support worksheet you should have had, when this support was calculated,... View More
He barely meets living expenses so I'll not be repaid in monthly payments. He owns a home and has life insurance. He offered to list me as beneficiary on his life insurance or should we use his home? (he has adequate equity) What kind of legal document/letter do I need to ensure repayment... View More
answered on Jun 2, 2024
A written loan document giving you security in all that he owns and filing that in the records department of your court should do it. Naming you as a beneficiary of his life insurance will do it if the life insurance stays in full force.
answered on Jun 3, 2024
Your rights are the same whether she commits adultery or not. Adultery doesn't change your rights. Adultery may come into play when the Court considers how to distribute the marital property. But one party having fault in a GA divorce doesn't necessarily mean the other is granted... View More
Chose to get a divorce and now come to an belief it was a grave miscalculation to do so.
answered on May 13, 2024
There are aspects of the divorce that can be modified (i.e. child support, parenting time, etc.). But setting aside a divorce requires very specific details. If you believe that you should have not gotten a divorce from your spouse, you can explore marrying them again, if they are willing.
i came clean about self-harming and my reasoning but because it blamed them and their actions, they made me say i did it for attention or they were kicking me out
answered on Apr 16, 2024
A suit for damages is potentially possible, but there is a lot to consider before then. I advise you call some local family lawyers to talk about Emancipation, and then you can get some guidance as to your rights as well. You can be the victim of a tortious action by your parents and accrue a... View More
I wasn’t married to my daughters’ mother, so should I complete the Assets section of the Financial Affidavit of the Father? Also, any item that I would list is my property, so what should I declare is the basis of the claim? Thanks!
answered on Apr 16, 2024
If you're filing an action to legitimize it would be best to hire an attorney to represent you. The matter is much more complex than even filling out the financial affidavit. In response to your question, I'm not sure what not being married to the mother has to do with the assets... View More
answered on Apr 18, 2024
Please get a lawyer. Until you receive a final judgment and decree of divorce, signed by a judge, you're married. And anything you buy while married, could be considered marital property, even if you're separated. That's why you shouldn't go out and buy a new house while... View More
The DFCS placed me with my dad after he beat me. Making my mom have therapy at my dads house with him and his mom. The only reason they gave my mom for removing me was a failed drug test from my mom she ask them over and over to retest her they said no she on her our go's to a clinic and has a... View More
answered on Apr 11, 2024
I'm so sorry to hear about the abuse and mistreatment you experienced from your father and the unjust way DFCS handled your case. What you went through is unacceptable and it's understandable that you want to seek legal recourse.
Here are a few suggestions for finding a qualified... View More
My grandson, my son's legitimate son, has been in Foster care for 14 months. After searching for him for more than a year and a half, we have been aware of this situation for 1 month now. Neither my son nor we knew anything since my daughter-in-law blocked us and kept moving. Now when I... View More
answered on Apr 8, 2024
If your son has not established paternity, then the Court has not established you as the child's grandmother. If your son is unable to legitimize the child and petition the Court for custody, as the grandparent, if you want to seek custody yourself, you should hire an attorney. It will be a... View More
Initiate a lawsuit against cps investigator whom violated intentionally the newly approved bill 133 and intently wanted to cause emotional turmoil and tort against me
answered on Mar 29, 2024
Initiating a recusal for an acting Juvenile Court Judge involves a specific legal process. If you believe the judge has violated your civil rights and demonstrated bias, you should first consult with an attorney experienced in juvenile court matters. They can advise on the merits of your case and... View More
I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More
answered on Mar 26, 2024
The first step is to go to a local family lawyer you have good chemistry with, as this process is going to be intimate.
There are lots of good reasons to terminate parental rights, and you need to explore all of those with a trusted professional as well as the downsides to that move. The... View More
I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More
answered on Mar 26, 2024
Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More
and failed to show proof of a court order and supervisors information in regards that i recinded a kinship agreement that she threatened me into signing almost a month prior without explaining the reason for doing so no explaining nor producing details to the document. Two days before the 30th day... View More
answered on Mar 23, 2024
In cases where a Child Protective Services (CPS) investigator has not followed proper procedures, acted on a personal bias, or failed to provide necessary documentation and explanations, you may have grounds to take legal action. This could include suing for intentional infliction of emotional... View More
I was in a long distance relationship with my spouse, who would visit the U.S. to see me often. However, he lives in Canada. He has never lived in the U.S., only visited. On his last visit, we got married. But, never have lived together.
answered on Mar 21, 2024
You can have an uncontested divorce and both of you can sign all of the necessary paperwork. Or if your spouse refuses to sign all the required documents, you will have to file for divorce and have him served, where ever he may be located.
I thought the DFCS’s job was to help the parent reunite with the children first and foremost. Well in my case that’s not what happened. I was homeless, drug addiction, an abuse victim, and I had no one. I barely had any visitations. When I had a place to go DFCS would come in and threatened the... View More
answered on Mar 21, 2024
It sounds like it was not in the best interest of your children to have contact with you during that time. Now if you have been sober, have a stable residence, stable employment, and would like to see your children, provided your parental rights were not terminated, you may petition the Court for... View More
answered on Mar 21, 2024
If there has been a material change in circumstances you can ask the court to modify custody. If it has been more than two years since the last order, you can ask the court to modify visitation. I would speak directly with an attorney about what you consider to be the grounds for a modification... View More
the notice to appear in court was sent within less than a 7 day week notice.
We have been trying to locate my grandson, since the mother cut off communication.
answered on Mar 21, 2024
The court can schedule a hearing and serve upon you a notice to appear. As long as it is properly served, the time within which they schedule the hearing is irrelevant. You can always ask for a continuance to hire an attorney if you have not had time to prepare your case. And it's very... View More
Only for having marijuana in your system
answered on Mar 21, 2024
Judges can render orders that they feel are in the best interests of the child, and they have a lot of discretion in what they can make an order of the court. So a question that asks if a judge can do something, yes they can, and they probably did. And if you feel like you have been been able to... View More
answered on Mar 21, 2024
Unfortunately, if you didn't hire an attorney to represent you as the parent, as you were a party to the case, the lack of legal representation could have been a factor in the outcome of the case. Now if you disagree with the order of the court, I would seek a consultation with an attorney... 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.