Get free answers to your Family Law legal questions from lawyers in your area.
answered on Mar 2, 2023
Yes, a subpoena can be issued for your spouse's credit report during divorce proceedings. However, you will need to have a valid legal reason for requesting the credit report, such as proving financial misconduct or to determine the financial status of your spouse. You should consult with your... View More
Court is trying summons for paternity. Live in Caribbean. No address here. Kid in US. Send money monthly. Not going back anytime soon. Haven’t returned called to process server yet (sheriff). Truthfully, I moved on with my life. Mother of child was toxic. Was costing me my mental health. So I... View More
answered on Feb 23, 2023
I recommend calling the process server and giving him your current whereabouts. If you don’t have a physical address, you should provide sufficient information as to where exactly you can be found in order to be served.
Why? Because if they don’t know where you are, you are going to... View More
My attorney obtained subpoenas for the sheriff’s and got a statement that supported my innocence. There was also video to support. However on the day of the hearing she went into another room with opposing counsel and came out telling me there was a warrant for me violating the order of... View More
answered on Feb 21, 2023
Hello. I'm sorry to hear that all of that happened to you. Unfortunately, you did not actually include a question to answer. Try re-writing the question.
My brothers name is on birth certificate however never married to his sons mother. She gave him their child a year ago as she didn't have a job, on drugs and nowhere to stay after her mom died. My brother is now moving to Georgia since him and his girlfriend and mother of his other 2 kids(and... View More
answered on Feb 18, 2023
I am not sure what letter you are referring to. If a case was opened, a letter in regards to removal might be appropriate. However, your brother could open a court case or he risks the mom going to court in Illinois and convincing a judge that your brother wrongfully took their son from Illinois.... View More
answered on Jan 25, 2023
A family law attorney that handles divorces. You may also wish to consult with an immigration attorney to determine the impact this divorce might have on your status, for example, if you are a conditional rather than permanent resident.
It's his house. Have post settlement agreement from 2013. It states joint custody which i realize is no longer a term. I'm thinking we will have to start from scratch. Need to know if I can remove them from the home before I sign the 2 year lease.
answered on Jan 25, 2023
Your Judgment for Dissolution should state who the residential parent is. If it is you, then you are free to move with the children.
His name is not listed on the certificate and no paternity test was ever done.
answered on Jan 3, 2023
The father's rights are essentially the same as the mother's right. To establish your rights you'll need to file a parentage action in the local county courthouse. The court can order a DNA test of you, the child, and the mother. If the DNA test proves you are the biological father,... View More
answered on Dec 15, 2022
You need to file a Petition for Rule to Show Cause. This is a pleading asking that the other party be held in civil contempt of court for not obeying a court order. If the court holds the other party in contempt it can require him or her to comply with the previous order by a certain date, or go to... View More
There is a guardian (co-guardians in this case), a will, and a trust. The ward dies, the will has no written instructions for disposition of remains. Who is the 1st person legally responsible for making decisions about the disposition?
The guardian, the guardian who also is executive... View More
answered on Nov 16, 2022
Powers of attorney and guardianships end at death. The only person with any legal authority is the executor of the will, who will have letters of office. That person has to see to it that bills are paid, including the funeral, cremation, etc.
My ex and I lived in the same house but we’re not married and my ex decided to take my son from my home that he did not bring him back to and when I did call Madison County police they said there was nothing they could do because there was nothing in writing and I recited to them the section of... View More
answered on Nov 16, 2022
Parental kidnapping is federal law and is under the Parental Kidnapping Prevention Act. It is defined as hiding the child from a parent for over 14 days. That is usually taking the child across state lines.
Your situation can be resolved by filing a Petition for Allocation of Parental... View More
I’m trying to find out if my ex is supposed to be pay half for our childrens cell phones and cell phone bill. He tells me that the child support covers that.
answered on Nov 16, 2022
There is no law that a child has to have a cell phone or a car. If either parent chooses to provide a child with same, that is their choice and their expense. Child support is for basic necessities, i.e. food, clothing, shelter, utilities, transportation to and from school and activities. A cell... View More
My family is not a good one. I get yelled at everyday for the smallest things. My step mother shoved scissors in my FACE recently and started yelling. Saying how I should not talk back and I should be scared. She threatens to strangle her own baby but gets offended when you think she is actually... View More
answered on Sep 28, 2022
No minor can legally run away without getting into trouble. If things truly are as bad as you say, you should go to the police station to tell them what is going on and ask to be placed into foster care. There is a place for all children to go, which is the foster care system if being home is... View More
What can I do about this situation? I do not trust the mother to make the right decisions.
answered on Sep 7, 2022
First of all, I'm sorry you are dealing with this kind of problem. Not being able to trust your coparent to act in your child's best interests is upsetting, at best.
There is a lot of information we don't know about this situation. I would also encourage you to double-check... View More
My parents are seperated and for reasons I shall not discuss I would rather live with my dad. I dont know what needs to be done in order to move to a different state with him and have no idea how to find out due to my mom having an app on my phone that makes it so she can see everything on it. What... View More
answered on Aug 25, 2022
You'll have to talk to your father and encourage him to begin court proceedings to change parenting time (formerly known as custody) and for him to petition the court to allow you to leave the state with him. I know of no way for you to begin these proceedings on your own.
Does the affirmative defense to child abduction that " (1) the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation" apply if the person has partial custody of the child but detains them for... View More
answered on Aug 8, 2022
Hard to say without knowing more about the case. In any event the primary document of allocation of parental responsibilities may provide an affirmative defense to that criminal allegation.
However, if you ask that question, it seems you need a criminal attorney yesterday.
She was very aware we were married. I just feel she needs to be held accountable as well!
answered on Aug 2, 2022
No, you cannot. Illinois abolished its Alienation of Affection law a couple of years ago.
We live in Illinois. No written agreement for rent or anything like that. She has threatened me and is becoming more hostile and disrespectful by the day.
answered on Jul 25, 2022
If your daughter is 19, she is legally an adult. You can kick her out of your house, but you would do well to consider the result. Does she have a place to go? With whom will she live? How will this affect your relationship with her long into the future? Sometimes a practical answer is better than... View More
I had to sign "Solely for the purpose of waiving homestead rights" It states that right on the documents. He was the guarantor. Not me. We are divorced and have been for 22 years. He is now in default on that loan and it is coming up on my credit report. The mortgage company won't... View More
answered on Jun 8, 2022
Under Illinois law, married couples can be held jointly responsible for certain debts that arise during a marriage, even if only one spouse signs off on the debt. Solely waiving your homestead rights would likely not affect or limit this legal rule. Assuming you or your family lived in the home... View More
answered on May 28, 2022
You need to find out how your aunt and mom took title to the house whether by "joint tenancy" or "tenancy in common". To determine what happens with the house in the event something happens to either one of them. You should also have your mom and aunt put an agreement together... View More
My girlfriend divorced her ex-husband and their settlement agrees to raise the children catholic. She only agreed to this due to being under duress of pleasing the family, as well as only wanting the children to attend CCD when with her, as this is raising them catholic, but not attend mass as she... View More
answered on May 26, 2022
I'm sorry to see you are dealing with this kind of sensitive and challenging issue. In my opinion, your girlfriend's biggest obstacle is that she entered a written settlement that the court approved. When parties make an agreed parenting plan, so long as the plan is not against a... View More
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