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COVID-19 Family Law Questions & Answers
2 Answers | Asked in Family Law for New Jersey on
Q: Aunt has sent more than 150 txt and emails in 90 days with harsh language and degrading comments. Can I do anything

I have more than 150 emails text and voice mails that I have been receiving for more than 3 months. It started because I did not throw a birthday party for my son in the beginning of June during Corona virus lockdown. It has escalated to her verbally attacking me, and everybody in the family.... View More

Andrew M Shaw
Andrew M Shaw
answered on Sep 7, 2020

First, you can report her harassment to the local police department. Harassment and cyber harassment are both crimes in the State of New Jersey. Whether to bring charges for any particular act of harassment rests in the discretion of the prosecutor's office, but the possibility of criminal... View More

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: if the parents were never married and theres no court order but he's on the birth certificate who makes major decisions?

I recently told the kids father that now that school is starting back they need to be home during the week for school and tutoring and he can spend time every weekend. Well he doesnt agree with my decision and I fear he wont bring them home because of my decision. Never been to court for anything... View More

David Nachman Byer
David Nachman Byer
answered on Aug 30, 2020

If your former partner is on the birth certificate he is legally presumed in the absence of a challenge to be the child’s father. You both have a theoretical right of equal status to choose how to parent (such as deciding what times the child will be with which of you and the making of any... View More

1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for North Carolina on
Q: Can i get emancipated from her?

Hello I have a mother who is borderline emotionally abusive, she tells me i make everyone miserable constantly, blames me for everything that goes wrong and more. I am 16, can I move out and live with a friend legally. Can i get emancipated from her?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 28, 2020

Maybe, but these aren't easy actions to 'win' and it would be something you wouldn't be able to do yourself. To able to file, you have to be 16 (check) and have lived in the same county for 6 months (don't know). To successfully emancipate yourself, you are going to have... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Municipal Law for New Jersey on
Q: Can dcp&p remove children during covid-19 pandemic without a court order?
Richard Diamond
Richard Diamond
answered on Aug 26, 2020

From a procedural standpoint, DCPP gets a call from an anonymous source, school, police department, etc expressing concern for the welfare of a child in your household and it then sends out a representative to investigate. The purpose of the investigation is to determine whether the child is at... View More

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1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: I have 50/50 parental custody with my ex spouse she wants my son to go back to day care Monday I dont think thats a good
Bonnie M Lonardo
Bonnie M Lonardo
answered on Aug 25, 2020

This situation is a matter of legal custody. While the parents may have 50/50 physical custody and spend equal physical time with the child, when it comes to this type of decision making for the child, these are aspects of legal custody. If the parents have 50/50 legal custody, then any decision... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Is it possible to modify child support\spousal maintenance on my own? I lost my job due to Covid-19

The spousal maintenance is "non-modifiable", I have paid 11 out of the 24 required months. The Child support does not mention whether it is modifiable or not.

Mike Branum
Mike Branum
answered on Aug 25, 2020

While it is possible, your focus, at this point, should be on regaining employment. Your unemployment is, or at least should not be, a permanent change in your financial situation. Once you are again employed, you can input your new income figures into the child support calculator to determine if... View More

2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: State: NC What are my rights as husband if I move out of our residence prior to reaching divorce agreement?

Married 22 years, two children ages 18 and 21. Youngest child currently living at home while enrolled in college taking online classes during COVID. Wife has been stay at home mom entire marriage. We have reached an impasse on our relationship. I need to move out to avoid further arguing and... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 18, 2020

This question can only be fully answered through a consultation with a family law attorney. That said, you've got to consider (1) how to equitably divide your marital property, and you've got to consider (2) whether any spousal support should be paid.

The property that needs to...
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2 Answers | Asked in Family Law, Child Custody and Civil Rights for Massachusetts on
Q: Do I need to attend the meeting before the pretrial conference? MA probate.

Custody battle. I am filing on terms of parental alienation, emotional and physiological abuse. There's a pre trial conference but the other parties lawyer emailed me stating the court requires a meeting beforehand. I don't feel comfortable speaking in this meeting with just myself and... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 11, 2020

If there are no abuse protection restraining orders in place pre-pandemic there was a face to face 4 way meeting required for the parties and their counsel to attend in person sufficiently prior to the Pretrial Conference hearing date to attempt resolution or at least discussion to determine... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex is threatening to get my daughter taken from me because I allowed him to see her after courts said not to.

In 2012 my daughter was taken into foster care because my ex was abusive to me. They said if I can't protect myself I can't protect her. I was eventually reunified after doing victim's classes, parenting classes ect. He did nothing, so was never reunified. He went to prison shortly... View More

B. Elaine Jones
B. Elaine Jones
answered on Aug 10, 2020

Your ex is most likely taking you to court in the family law division. The Court that entered the Order reuniting you and your daughter and denying your ex contact with you daughter was the dependency court. That case is most likely closed at this point. While it was not a good idea for you to... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: The other parent is trying to say I need to drop of my child at her house for school because she feels

He wouldn’t get the help here can she do that

Mike Branum
Mike Branum
answered on Aug 2, 2020

These are unprecedented times. We have never seen school closures like this before. My best advice is to try to peacefully resolve this. You, your ex, your son: you all have a lot more stress in your daily lives due to the panic over this virus. Why add to it? You should both be engaged in his... View More

1 Answer | Asked in Family Law for Ohio on
Q: My children’s fAther currently has summer visitation with our children in Ohio. School was originally supposed to start

August 19, and our order states that the children come home 2 weeks before school starts which would have been aug 5. I bought the plane tickets and informed the Father and now that school is being pushed back until after Labor Day, the father is staying he will not send the kids back until aug... View More

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2020

This is uncharted territory with the schools in flux because of the virus. You can file with the court to try to get an answer, but many courts are operating at reduced capacity, and you might not get an answer before school starts. Check with the attorney who represented you, or use the Find a... View More

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My wife and I split up after i caught her cheating. If I take her to Court to help pay our kids bills could i lose kid?

After I caught my wife cheating we felt it best she move, we split custody 50/50 haven't gotten a "proper" divorce decree, she did not want to take that route. I have always paid 100% of the child care and my daughters insurance on top 100% of our mortgage and home ins. (etc),... View More

Brian Boeheim
Brian Boeheim
answered on Jul 31, 2020

It is a complex question with a complex answer. It appears as if you have financially supported everyone for a period of time. It also appears that you wife no longer needs you complete financial support. Need is a primary issue when looking at spousal support. Regarding the child support; it... View More

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1 Answer | Asked in Family Law for California on
Q: Regarding refuses visitation and missed visit What should I do?

i (mother) have the primary custody my ex-bf lives in Las Vegas and he has every first weekend of each month in Las Vegas and visitation in LA every 3rd and 5th weekend of each month plus equally sharing vacations, holidays etc in Las Vegas/LA Written in our court order.I always drop off our Son in... View More

Shawna Murray
Shawna Murray
answered on Jul 31, 2020

If you would like to change a child custody order, you will need to file a Request for Order on Forms FL-300 & FL-311 plus you must a detailed declaration that can be prepared on Form MC-031. I advise you to consult with an attorney, but if you cannot afford to do that, you should ask if your... View More

1 Answer | Asked in Family Law for Ohio on
Q: Im 18 and i live in Ohio. I want to move out without my parents permission. Will they be able to call the cops?

I’m 18 and I want to move out without my parents permission. My best friend dad is willing to let me stay at his house for free until I get a job and pay him rent. My best friend lives in Colorado and that’s where I want to move. Will my parents be able to call the cops and will they have to... View More

Joseph Jaap
Joseph Jaap
answered on Jul 31, 2020

You are 18 and can make your own decisions, unless there is a guardianship or other court action. They could call the police, but they won't do anything if you are not in danger. If you leave home, will you still have health insurance and car insurance? If you get sick or go in the... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have main custody tho its joint custody our child is 2 the mother barley calls him when she haves 3 times atleast a

D

V. Joy Edwards
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answered on Jul 31, 2020

Very difficult. Terminating another parent’s rights is not something the Judges do often unless it’s in regards to an adoption. It would be easier getting an order to limit her visitation.

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1 Answer | Asked in Family Law for Maryland on
Q: If a man gets a married woman pregnant in Maryland, who is responsible for baby, biological dad or husband?

Would pay support; she is trying to force me to take care of/be a part of the child's life. Told her at 4 weeks of pregnancy didn't want, we always used condoms. She said she was keeping the child and would take care of herself. She is separated from her husband, and has 3 different... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Jul 30, 2020

In Maryland there is a presumption of paternity when a woman is married. As a result, her husband will have to overcome this presumption and if successful, (which he will most likely be based on your stated facts), mom can/most likely will go after the birth father for an establishment of paternity... View More

1 Answer | Asked in Family Law for California on
Q: So I wanna either get emancipation from my mom and let another family memeber take care of me how do I make it happen

Also that would mean the family memeber would be my new guardian but what if my mom doesnt agree but you really want seperation also im a minor

Shawna Murray
Shawna Murray
answered on Jul 25, 2020

First, I strongly encourage you to contact an attorney in your area to discuss representing you and to help you decide which route to take - emancipation or guardianship.

Second, if you want to get away from your parents because they are abusive, you can call 2-1-1 in California to get...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: My daughter lives in Glendora CA She is wanting a divorce. Can she move to AZ with the kids? he works in LA she online.

4 minor children 8yr to 14. Husband has anger issues and has physically harmed the children in past. She wants to move to AZ as she can afford to care for the children better then in CA. She is willing to drive them out to visit their dad. Counseling has started and husband admits he has anger... View More

Mike Branum
Mike Branum
answered on Jul 22, 2020

You present one of those cases where there is a specific legal answer and then there is what is likely in the best interests of your daughter and grandchildren. To avoid any potential legal problems, your daughter should file for separation in California and request leave of the Court to relocate... View More

2 Answers | Asked in Family Law for New Jersey on
Q: Visits and COVID-19 quarantine

I live in the state of New Jersey and have custody of my niece , her mother lives in a state that the New Jersey governor has put on the 14 day quarantine list and I have a poor immune system. She is only aloud 1 day time visit and no over nights but like I said her state that she comes from is on... View More

Richard Diamond
Richard Diamond
answered on Jul 22, 2020

Not an easy issue to resolve given that you have a compromised immune system and the biological mother has significant restrictions on her contact / access to her daughter. Im guessing that the reason for the non-overnight plan in place has to do with concerns for the mothers mental health issues... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can anyone help me with legal advice for child custody concern because of covid and school?

My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... View More

Cheryl Powell
Cheryl Powell
answered on Jul 21, 2020

If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.

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