Get free answers to your Family Law legal questions from lawyers in your area.
My son dropped out of college December of 2018, at that time he was 20 years old and a full time student. The divorce decree say I will pay while he is enrolled as a full time student (4 year degree) and child support for him will end if he is not. Family court is still taking money out of my... View More 
answered on Oct 17, 2019
Talk to a local lawyer about what to file to get the money back. The sooner you file the easier it will be. The family support division has no idea about your child not attending full time so you have to get the order changed. The division only has an order that states you have to pay. It does not... View More
I have primary physical custody of our 16 yr old son. He went to his dad's for visitation and now refusing to come home. Can I report him as a runaway, even though I know where he's at?
answered on Sep 23, 2019
He would not be a runaway as he is with his other parent. But his father would be causing parental alienation and is in violation of the parenting plan by not returning him. Talk to an attorney local to you to assist in a family access motion.
I'm in a situation where I feel like I can provide for myself and I'm unsafe with my family members because my father is abusive and I personally am not safe with other family because of certain beliefs my entire family has. I have a little bit of video of my dad screaming insults and... View More
answered on Sep 3, 2019
You may qualify for emancipation if you can support yourself financially. However, if the situation is as severe as you say, you may want to call family services and inform them of your situation so you can be removed from the home. I would also encourage you to talk to your school counselor or a... View More
My ex-husband is impossible to coparent with. He is very vindictive and still angry that I left him after he assaulted me. I have been trying to discuss things with him like my son‘s preschool etc. because there are many things that I feel would be in the best interest of our son that he chooses... View More
answered on Aug 29, 2019
If you cannot convince your ex to act in the way you desire and you believe he is violating the judgment of dissolution or parenting plan, your only viable option is to hire an attorney. Your ex might practice in front of more than one of the judges on the court, but you could have taken an... View More
many more in adition to jan reports
answered on Aug 26, 2019
Please clarify your question. I have not idea what you mean by "jan reports."
Its pertaining to affidavit for termination of child support. I filed an answer objecting.
answered on Aug 13, 2019
If you are taking care of the case yourself, without an attorney, you must attend every court date.
The biological mom of my 2 daughters lost them to state in 2015 never did anything to get them back my husband and I got the kids and at that time he recieved full custody also, with the bio mom receiving 1 hour supervised visits a week and 2 phone calls. Well she has always been a heavy addict... View More
answered on Aug 12, 2019
This is something you'll need to consult with a local attorney about to see if judges in your area will modify the judgment. It sounds like you've already gotten everything you can from the court short. You would have to show some sort of detriment to the kids to get no contact between a... View More
answered on Aug 12, 2019
Yes. Family is preferred by law. If the child is the custody of Children's Division or a similar agency, they usually contact relatives first for appropriate placement. If it looks like mother cannot reunify or the father cannot step up, then guardianship or adoption by a relative is preferred.
My soon to be ex-spouse filed bankruptcy during our divorce, and I need to know if it would be better to wait until court for the judge to decide on who is responsible for what debts
answered on Aug 12, 2019
If there is a divorce petition filed, then a judge cannot divide assets and debts while there is a pending bankruptcy. You need to immediately notify the court handling the divorce and bankruptcy of the other proceedings happening. You also need to be consulting with an attorney on how to handle... View More
There's a little disharmony in paradise. Wife wishes to remain in USA (being only a US citizen) and is a stay-home Mom; she has not been employed in over 15 years. I am the sole income. I and all kids wish to move back to England. Kids were born in USA but are all naturalized as UK citizens... View More
answered on Aug 12, 2019
You both have equal rights to the children; so the children may move to the UK with you, but she can also submit a court action to have them returned if she disagrees. Talk to an attorney in the jurisdiction where your family lives to discuss your options.
My fiance has been paying child support for his 2 children while they have been living with him and are enrolled in school in his town. She lives in a different town with her new boyfriend, neither of them work. They only have the children on the weekends but the father has them all week, pays... View More
answered on Aug 9, 2019
Typically the paying parent can stop paying child support if the children change residences to live in the paying parent's care. You will have to contact Family Division Services, and may have to go through the court for a modification to have the support stopped entirely. However, if the... View More
answered or agreed. He has also refused visitation with his 16 year old daughter. Reason for changing weekends is to coordinate mother's weekends off with 8 -year old at her home - to be in her supervision. If ex-husband files for contempt hearing - can his lawyer represent him without his... View More
answered on Jul 24, 2019
Absent an agreement by both parties, you have to follow the parenting plan put in place by the court. If you need to change the parenting plan order long term, then you will need to file for a modification of the current order. Speak to an attorney local to assist you.
Our daughter, 17, moved in with us 4 months ago. We have paid for everything bc she refuses to help. She took away her car and phone which we have had to replace. We are paying large sums in CS and in arrears. She won’t pay for anything and refuses to terminate. And has never wanted our help (as... View More
answered on Jul 19, 2019
To clarify, I am going to assume that the "we" you are referring to is the child's father and maybe his now significant other? While I prefer Mom and Dad to be able to recognize that there is an issue that needs to be resolved and be able to work out the best way to resolve it by... View More
The biological father has had nothing to do with my son so his mother only sees fit he wears our last name with the rest of his immediate family.
answered on Jul 15, 2019
Based on the information you've given, it sounds like you meet the criteria for a step-parent adoption. Talk to an attorney local to you to assist you.
Father was still married to someone else when my mom gave birth, his name is on birth certificate, but they were never married & have split up, does he have any rights?
answered on Jun 25, 2019
Unless the parents are married when the child is born, or they have had custodial rights assigned through the court, an unwed father has no rights to his children. Talk to an attorney local to you as soon as possible about seeking a paternity action to establish your legal rights regarding your... View More
I've had the kids full time for over 7 years now, the custodial parent hasn't physically seen or kept kids for over a year and has claimed child support for 7 years and does not help or bother to see the children. What should I do?
answered on Jun 25, 2019
Talk to an attorney local to you to assist you in a Modification right away.
My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity on my 6 year old daughter. She was born prior to the marriage and she is not biologically his. But after the marriage we both signed a paternity affidavit which added him to her birth certificate... View More
answered on Jun 25, 2019
The courts generally want to maintain the legal parentage for children. So if the divorce did not address his paternity it is unlikely that he can get himself removed as the legal parent without finding someone to replace him; like the biological father. At any rate, if you received a summons you... View More
Unmarried couple she filed for paternity the state went after her ex-husband so she put on the birth certificate so I filed for father paternity and they picked up her case and gave me a summons we have a hearing and a couple of days to establish paternity which I don't know why because we... View More
answered on Jun 5, 2019
The mother does not get a free attorney. No one is automatically given an attorney in family court. It is most likely that she applied to and qualified for a Legal Services appointment.
Child graduating high school, age 19, joining military a few months after that. Probably getting married too this year. Currently receiving child support which includes arrears. I'd imagine current would discontinue, but arrears would continue? Would it stay the same amount to take down the... View More
answered on May 31, 2019
In Missouri, child support generally ends when the child turns 18, marries, or joins the military (among other events). There are exceptions to this rule that don't seem to apply in your circumstances, but can be found in RSMo 452.340.
The FSD website has the necessary Affidavit form... View More
she allowed me to see him up until last November. Since then she has changed their residency several time along her contact information so i couldn't even check on my son or have any contact with him. She did finally did unblock me from fb messenger temporarily, She gave me her cell phone #... View More
answered on May 30, 2019
It sounds like Paternity and Support were established through an FSD proceeding, but no parenting plan was put in place. If that is the case, even though paternity was established, you will have difficulty asserting any custody rights (legal custody or physical custody) without a custody judgment... 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.
