Family Law Questions & Answers by State
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Family Law Questions & Answers
Q: I have hearing for custody of my son in Mass.. I was not formally served. The child is in temporary home.
Neville Bedford's answer
Yes, but if you have moved and not notified the court, they may not have your current address. Also once you are served by the court following dates are often noticed to you during your attendance at court hearings. Custody of ones child is a most important matter and I would strongly advise you to consult with and enlist counsel of your choosing to assist you in presenting your case in the best possible way.
Yes, but if you have moved and not notified the court, they may not have your current address. Also once you are served by the court following dates are often noticed to you during your attendance at court hearings. Custody of ones child is a most important matter and I would strongly advise you to consult with and enlist counsel of your choosing to assist you in presenting your case in the best possible way.
Q: Can my ex allow her boyfriend to sleep over w/ our two small children if she co-sleeps w/them in a 1 bed. Apoartment?
Tristan Kenyon Schultz's answer
Sharing a bed is legal and having guests/boyfriends is legal. If you are legitimately concerned about the health and safety of the children you can seek outside review, but be aware that if CPS or the courts feel the allegation is without merit you will be penalized (and likely pay court costs/attorney's fees for the other side).
Sharing a bed is legal and having guests/boyfriends is legal. If you are legitimately concerned about the health and safety of the children you can seek outside review, but be aware that if CPS or the courts feel the allegation is without merit you will be penalized (and likely pay court costs/attorney's fees for the other side).
Q: MY MOM GAVE ME AND MYHUSBAND SOME PROPERTY IN NE MEXICO IF I DIVORCE HUSBAND IS HE ENTITLED TO PROPERTY?
Tristan Kenyon Schultz's answer
Without reviewing your case I cannot say for certain, but if you will be filing in Colorado property gained by inheritance is excluded from the marital estate in the overwhelming number of cases (the exceptions are relate to the inherited property being sold and the proceeds going to the purchase of jointly owned property). I recommend that you speak to a lawyer about this and the rest of the divorce (many attorneys offer unbundled services for $800-$1000).
Without reviewing your case I cannot say for certain, but if you will be filing in Colorado property gained by inheritance is excluded from the marital estate in the overwhelming number of cases (the exceptions are relate to the inherited property being sold and the proceeds going to the purchase of jointly owned property). I recommend that you speak to a lawyer about this and the rest of the divorce (many attorneys offer unbundled services for $800-$1000).
Q: I stay in Atlanta ga my child's mother say she filed for child support but I never recieved info how to check for warran
Julie A. Rice's answer
Call the clerk where you live and call child support services (or better yet have your mom do it) and ask if there is a bench warrant out for her arrest. Warning: Some counties don't tell over the phone, but give it a try.
Call the clerk where you live and call child support services (or better yet have your mom do it) and ask if there is a bench warrant out for her arrest. Warning: Some counties don't tell over the phone, but give it a try.
Q: My husband did not sign my daughters birth certificate can he take her from me when i file fir divorce?
Julie A. Rice's answer
Was the child ever legitimated? If not, then he has no rights and you can do whatever you want. If the child was legitimated, then read the court's order and specifically what it says about visitation. You can still modify the child order. If the other man hasn't paid any child support or pain any attention to the child, then ask him if would give up his parental rights (don't be surprised if he asks for money) so that your new husband can adopt her; the the ex is out of your life for good...
Was the child ever legitimated? If not, then he has no rights and you can do whatever you want. If the child was legitimated, then read the court's order and specifically what it says about visitation. You can still modify the child order. If the other man hasn't paid any child support or pain any attention to the child, then ask him if would give up his parental rights (don't be surprised if he asks for money) so that your new husband can adopt her; the the ex is out of your life for good...
Q: A mother(i believe)fled the state of Alaska to Ohio to avoid having a father on the birth certificate.Do I have options?
Terrence H Thorgaard's answer
Yes, you certainly have options: you can sue the mother for custody or visitation. Assuming that the child was born in Ohio, you would have to sue in Ohio, pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (which is the law in both pertinent states).
Yes, you certainly have options: you can sue the mother for custody or visitation. Assuming that the child was born in Ohio, you would have to sue in Ohio, pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (which is the law in both pertinent states).
Q: Can an attorney request additional money for incorrect paperwork filed?
Gary D. Godman's answer
The best thing you can do is discuss it with your attorney! QDRO's are touchy in that different investment companies require different words in the order - it's possible the investment company gave incorrect info and that there's no fault on the part of your attorney. Review your retainer agreement and have an open discussion with the attorney. Good luck!
The best thing you can do is discuss it with your attorney! QDRO's are touchy in that different investment companies require different words in the order - it's possible the investment company gave incorrect info and that there's no fault on the part of your attorney. Review your retainer agreement and have an open discussion with the attorney. Good luck!
Q: Can the father of my child file for custody if he has a kidnapping charge?
Gary D. Godman's answer
Well, he can always file with the court - whether or not he's successful is a different story. If he's been convicted of kidnapping in the past, it's certainly something the court could consider, along with the many other custody factors listed in Virginia Code Section 20-124.3 (http://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/). If he files, contact a family law attorney to go over your own case. If there is no custody order right now, consider contacting a family law...
Well, he can always file with the court - whether or not he's successful is a different story. If he's been convicted of kidnapping in the past, it's certainly something the court could consider, along with the many other custody factors listed in Virginia Code Section 20-124.3 (http://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/). If he files, contact a family law attorney to go over your own case. If there is no custody order right now, consider contacting a family law...
Q: I am in a lesbian marriage in Tennessee. Can I sign the birth certificate when my wife gives birth?
Terrence H Thorgaard's answer
One does not "sign the birth certificate". One signs an "affidavit of paternity", which is the basis for the issuance of a birth certificate by a state official. A sperm donor would sign such an affidavit if his sperm was used to impregnate the mother, by you would not be able to truthfully sign such an affidavit.
One does not "sign the birth certificate". One signs an "affidavit of paternity", which is the basis for the issuance of a birth certificate by a state official. A sperm donor would sign such an affidavit if his sperm was used to impregnate the mother, by you would not be able to truthfully sign such an affidavit.
Q: Can you tell me if something needs to be served 14 days prior to a divorce trial?
Stephen J. Plog's answer
It is difficult to answer your question without knowing more facts. Based on the limited information, I am going to presume you might be referring to a subpoena. A subpoena to produce something at trial, such as documents, must be served on the subpoenaed party at least 14 days prior to hearing. Beyond that, I cannot think of a deadline that tolls 14 days prior to hearing. Perhaps your exhibits, though generally attorneys exchange 7 days prior and sometimes 10. You may want to look at...
It is difficult to answer your question without knowing more facts. Based on the limited information, I am going to presume you might be referring to a subpoena. A subpoena to produce something at trial, such as documents, must be served on the subpoenaed party at least 14 days prior to hearing. Beyond that, I cannot think of a deadline that tolls 14 days prior to hearing. Perhaps your exhibits, though generally attorneys exchange 7 days prior and sometimes 10. You may want to look at...
Q: How can I get my x to help with our son's copays? My Copay limit has been reached
Leonard R. Boyer's answer
You need to retain experienced matrimonial counsel who can file the appropriate motion before the Court, so this matter can be heard. Good luck.
You need to retain experienced matrimonial counsel who can file the appropriate motion before the Court, so this matter can be heard. Good luck.
Q: If a 17 child lives with a grandparent and is going to night school am I still responsible for child support in ga.
Leonard R. Boyer's answer
Yes, you would be responsible for child support. If you feel that you have a valid claim, then retain counsel to file a motion for based on a change in circumstances. Good luck.
Yes, you would be responsible for child support. If you feel that you have a valid claim, then retain counsel to file a motion for based on a change in circumstances. Good luck.
Q: My son did not sign the birth certificate & there's no DNA test. Can she file child support against him with no proof?
Julie A. Rice's answer
Child Support Services will make him take a DNA test and if it's his child, then he'll start paying child support. Remember, he has to state that he does not think that is his child.
Child Support Services will make him take a DNA test and if it's his child, then he'll start paying child support. Remember, he has to state that he does not think that is his child.
Q: i want to file my first petition for custody but im stationed in ga until june should i file now or wait?"
Julie A. Rice's answer
Better late than never ~ you may as well start now b/c you are in for an uphill battle.
Better late than never ~ you may as well start now b/c you are in for an uphill battle.
Q: My 17 year old left NJ where I had primary residential custody. he was to move in with his father in GA. They moved him
Julie A. Rice's answer
Read your divorce decree order carefully to see what it says about whether you have to still pay chid support if he is in a secondary school. You also need to check whether or not this is a secondary school and not a night time high school where is going to make up for credits or to accelerate his graduation by taking extra classes.
Read your divorce decree order carefully to see what it says about whether you have to still pay chid support if he is in a secondary school. You also need to check whether or not this is a secondary school and not a night time high school where is going to make up for credits or to accelerate his graduation by taking extra classes.
Q: What happens to my husbands bank account when he dies and he doesn't mention it in the will? DO I have right to get it?
Julie A. Rice's answer
You really need to consult an attorney who practices probate law in CA to answer these questions and this is the GA forum.
You really need to consult an attorney who practices probate law in CA to answer these questions and this is the GA forum.
Q: My child is 16 the father has never paid a dime in support is it too late to file
Julie A. Rice's answer
Has the child ever been legitimated? If not, then the father has no rights and if he doesn't have a relationship with your daughter you might be opening a can of worms, plus it will take that much long to establish any responsibilities on his part. If she was legitimated, then, no, it's not too late to start but you have to make sure that the child still lives with you and that you are supporting her with the funds. Please see the following link that will provide more detailed information:...
Has the child ever been legitimated? If not, then the father has no rights and if he doesn't have a relationship with your daughter you might be opening a can of worms, plus it will take that much long to establish any responsibilities on his part. If she was legitimated, then, no, it's not too late to start but you have to make sure that the child still lives with you and that you are supporting her with the funds. Please see the following link that will provide more detailed information:...
Q: Can I still get a motion to modify child support if my daughter is staying with family?
Tristan Kenyon Schultz's answer
If your daughter is not living with you for a significant period of time, you will not qualify for modification unless your ex agrees to the modification (i.e. you likely will not qualify for a contested modification).
If your daughter is not living with you for a significant period of time, you will not qualify for modification unless your ex agrees to the modification (i.e. you likely will not qualify for a contested modification).
Q: Retroactive child support when we do no mutually agree to a change in physical care occurred?
Tristan Kenyon Schultz's answer
(1) you can challenge the support payments for your daughter if she lived with you, but must also petition (and receive) a custody modification for the time you increased custody with your daughter. (2) claiming a dependent is not based on child support, it is based on a 4-part test (here:http://www.intotolegal.com/upcoming%20Events/Qualifying%20Child.html ) - if you meet the test you can claim the child(ren). Turning to your chances, it is hard to say without reviewing your case - you will be...
(1) you can challenge the support payments for your daughter if she lived with you, but must also petition (and receive) a custody modification for the time you increased custody with your daughter. (2) claiming a dependent is not based on child support, it is based on a 4-part test (here:http://www.intotolegal.com/upcoming%20Events/Qualifying%20Child.html ) - if you meet the test you can claim the child(ren). Turning to your chances, it is hard to say without reviewing your case - you will be...
Q: I am married to my husband but finance wants to see proof that I am supporting him. What can I do?
Tristan Kenyon Schultz's answer
I'm not sure what you mean by finance. If you are referring to a loan - most loans require proof of income, etc. If you are supporting your husband showing your joint tax return should meet the requirement. If I didn't answer you question feel free to resubmit a question.
I'm not sure what you mean by finance. If you are referring to a loan - most loans require proof of income, etc. If you are supporting your husband showing your joint tax return should meet the requirement. If I didn't answer you question feel free to resubmit a question.
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