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COVID-19 Family Law Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: How hard is it to get full custody as a dad?

The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... View More

George W. Svoboda
George W. Svoboda
answered on Jul 21, 2020

Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: My ex quit his job, long term spousal support in Ca has stopped. How do I get money owed?

Support was court ordered indefinitely for 27 year marriage. His employer would issue mandatory check to me when he got paid. He no longer works there. Do I have to petition the courts?

Chris M. Bradford
Chris M. Bradford
answered on Jul 16, 2020

The meter keeps on running on spousal support until the judge changes the order. Even though you are not getting paid, the meter is still running and he is beginning to owe you what are called "arrearrages." If his income has dropped he can ask the court to lower or stop his support... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Massachusetts on
Q: What are my options at virtual mediation? Child wants to stay with me and it is much safer here anyway.

High-conflict divorce and custody dispute, with ex having a lifelong history of mental illness diagnoses and treatments. Divorce and custody arrangement finalized in a previous state of residence where she still resides. Child is currently with me in MA and has been since the start of the pandemic.... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 16, 2020

Because the child has not been living in Massachusetts for at least 6 months, our Probate Courts do not yet have jurisdiction over custody and visitation as the former state of residence still is the home state until then. However, if there is a safety concern about the child going to the other... View More

1 Answer | Asked in Family Law for Florida on
Q: Is the My issue is child visitation. How does state jurisdictions apply?

We have gone to Mediation and we have a approved parenting plan and I have 100% physical custody of my daughter while her gets visitation. I live in Florida, he lives in DC, my daughter went to see him for Spring Braek, Covid19 hit and she got stuck up there and now he wont send her back and says... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 15, 2020

No. I suspect that the District of Columbia has adopted the Uniform Child Custody and Enforcement Act, as Florida and just about all of the other states have. If so, the way it works is that, once the courts of one state have ruled on custody, the courts of the other states would abide by that... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hello i want to know what rights do i have over my domestic partners child? I have not adopted her,.
Chris M. Bradford
Chris M. Bradford
answered on Jul 14, 2020

What do you mean by "rights over" the child? The right to discipline the child? Answer: No, because you are not the parent or guardian. The right to make decisions about the child's health, education or welfare, such as residence, school, doctor, have an operation? Answer: No,... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Quarantine for 14 days

Have 50/50 agreement with my ex. She has been exposed to several people testing positive and continues to take my son around them. Can I keep him for 14 days without being in contempt.

Rick  Davis
Rick Davis
answered on Jul 13, 2020

The Texas Supreme Court issued an order in March stating that parents should follow their possession schedules as if their children will still attending school. That being said, they have not issued a blanket order governing situations where one or both parents have COVID-19. Your best option is... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: How do I Refile my case?

I had a paralegal tape up my documents and file them with the court I had continuing court dates a.k.a. COVID-19 my last one was over the phone I was not able to attend in time so I missed it therefore I need to re-file my case how do I do that I can no longer afford to hire another paralegal.

Chris M. Bradford
Chris M. Bradford
answered on Jul 11, 2020

Here is my suggestion: Your paralegal should have given you an extra copy of the papers which were filed. If not, go back to the paralegal and ask for one. You already paid for it. Also ask the paralegal for a copy of the document on the thumb drive in case you need to print new copies... View More

3 Answers | Asked in Family Law for Georgia on
Q: My son lives in Utah and has a Final Visitation Order in place from GA. It states his daughter can travel to UT from GA

when she turns age 6, which will be this July. Mother is denying travel/visitation to UT due to Coronavirus. Can she do this?

Mike Branum
Mike Branum
answered on Jul 6, 2020

I agree with Mr. Wood. I would also consider the additional complications which the panic over corona has created. I have not had to worry about unaccompanied minor air travel for a few years now. I have zero idea how the current situation has changed airline policies regarding UMs. The changes to... View More

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1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Arizona on
Q: I live in Ca. I Have joint custody of my kid who lives between CA and AZ. I want equal physical time. Where do I start?

I was married in CA in 2009. Moved to AZ and bought a house with ex husband in 2010 with newborn. Filed for divorce myself with no lawyer in 2011 and it was granted 9/2012. The divorce decree and parenting plan is archaic and based on the naivety of a young me in my 20s who somehow thought I could... View More

John R Gaertner Jr
John R Gaertner Jr
answered on Jul 5, 2020

It would be necessary to review all of your current court orders and the Decree to adequately provide advice on your current issues. There appears to be grounds to review and request changes to your current Legal Decision Making and Parenting Time Orders. There has been at least 5 years since your... View More

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Child Support for California on
Q: How to respond to (petioners) RFO orders Ex- Parte Notice late notice via email sent by his attorney to me (respondent).

this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.

Chris M. Bradford
Chris M. Bradford
answered on Jul 1, 2020

The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... View More

2 Answers | Asked in Family Law for California on
Q: My sons father is threatening me saying that if our son happens to get COVID that he will take him from me for a long

Time and take legal action. Can he say that to me? Is that allowed

Chris M. Bradford
Chris M. Bradford
answered on Jun 23, 2020

Both father and mother must take good care of the child, including the health of the child. However children get sick all the time for different reasons. They get colds, they get the flu, they fall and skin their knees. Does that mean the parent is a bad parent? No. So just because your son... View More

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1 Answer | Asked in Family Law for California on
Q: My parents claim to have filed a domestic violence report against me for my 2 year old daughter

I haven’t received paperwork from court or anything , they refuse to let me pick her up

Chris M. Bradford
Chris M. Bradford
answered on Jun 23, 2020

Ask your parents for a copy of the papers. You are required to be served with the papers before the court order is effective. If they continue to refuse, ask them for the name of their attorney and phone. Call the attorney and go get a copy. If they don't have an attorney, or even if they... View More

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Can I find out if I overpaid in arrears?

Paid arrears for 17 years for being approx 1 month behind. CP filed in March, court date and agreement reached in April of 2003. Case just closed but I don't believe I should have been paying arrears for that long. Can I get full History of payments?

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 23, 2020

Sure. Contract the county Domestic Relations Office which handled the case and ask what they need you to do in order to obtain an accounting of your payments. You may have to email them. It's hard to tell you what the process will be because it's likely their procedures have been... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: how do i go about taking name off birth certificate?

he is not the father and in prison

Chris M. Bradford
Chris M. Bradford
answered on Jun 21, 2020

The short answer is: You need a court order. If you already have a court case with the person in prison, such as a divorce or paternity case, you might be able to ask for the birth certificate to be changed in that case. If you are not married to the person in prison, you would file a paternity... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: An attorney failed to file a LSR but handled an entire trial an orders were issued.Can I get the orders to be dismissed?

It is a paternity action. I’ve reached out the other LSR attorney in three different occasions requesting a copy of form that was filed with court but no response. According to the clerk’s court representative. Both parties are pro per. They were showing that my last attorney subbed out prior... View More

Chris M. Bradford
Chris M. Bradford
answered on Jun 21, 2020

The form FL-950, Notice of Limited Scope Representation, or LSR, is filed with the Court and a copy served on the other side of the case, to notify the judge and the other side that the attorney is only representing a person at a particular hearing or to do some other limited task. Yes, the... View More

1 Answer | Asked in Criminal Law, Estate Planning and Family Law for California on
Q: In order to gain access to a private residence, when there are two owners of the residence, who can give the go-ahead?

There is a private residence that is co-owned by two owners. The private residence is being sold and a real estate agent is coming with potential buyers to view the home. I do not want them in the property due to COVID-19, risking contamination, and breach of peace. Owner 1 gives the go-ahead for... View More

Juanita Guillen
Juanita Guillen
answered on Jun 18, 2020

In general if Owner 1 has equal right and control to the property as Owner 2, Owner 1 can allow the real estate agent and potential buyers to view the home. Real estate viewings were allowed to continue in CA even during the pandemic (unless a local ordinance ordered otherwise). Best practices for... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Social distancing and covid concerns

We have 50/50 custody of my stepson and also take care of my husbands elderly mother. She is considered high risk. Today we found out that my husbands ex has not been practicing social distancing and has been letting their son play with children closely. Talks in the house have been it might not... View More

Cary B. Hall
Cary B. Hall
answered on Jun 18, 2020

If there's no court order, there aren't any "official" rules by which to play -- at least right now. He has two recourses: (1) work it out informally, just like he always has, or (2) file a Complaint for Custody and let the court sort everything out.

Your...
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2 Answers | Asked in Family Law for California on
Q: Ex wife is not allowing daughter to visit this summer, claiming too risky b/c of COVID?

My 7 year old daughter lives with her mom in CA. I live across the country. We have a custody arrangement in place, but as far as visitation, the judge never issued a concrete order for exact visitation dates when we divorced. He hoped we'd "come to an agreement." So each year we... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 16, 2020

It's unfortunate that your judgment lacks details regarding the parameters of visitation. It makes it difficult to put a finger on any specific violation resulting from Mom's behavior. That being said, there are no laws in place here in California that allow a parent to use Covid-19 as... View More

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2 Answers | Asked in Consumer Law, Divorce, Employment Law and Family Law for Massachusetts on
Q: What can I do to recover damages? Anything?

My now ex wife worked with me in my business. She ended up having an affair with one of our employees. During her deposition she did not admit to a relationship with the employee but as soon as our divorce was final he moved in and made it public through social media. She has posted damaging... View More

Tanesha R Wright
Tanesha R Wright
answered on Jun 14, 2020

As counsel has already stated if she's making defamatory statements about your business that is an issue outside your divorce. However, I do think there are issues you could address in your divorce on other matters. First, would be a potential modification if you are unable to make payments... View More

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1 Answer | Asked in Family Law and Immigration Law for Illinois on
Q: Canadian fiance wants to come to US to marry me, does not ever plan to live in the US. Does he need a K-1?

I'm a US citizen. He's a Canadian citizen. We had hoped for a small ceremony in March, then pandemic. We plan to apply for my PR in Canada and live there.

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

In general no, but the purpose of his visa can create challenges, because there is a legal presumption that all applicants for admission have immigrant intent. He must overcome that presumption, if challenged. If he identifies the purpose of his visit, the CBP can reasonably presume that he has... View More

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