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Family Law Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: can anyone object to a guardianship or just the parents of the child? does that person have to serve the other party?

a good friend of mine who has seen me parent would like to object to it as well.

Mike Darlington
Mike Darlington answered on Apr 28, 2020

Normally only someone with a relationship to the child can object to the guardianship. However, your friend can file a declaration on your behalf as a witness. Anything filed in the action has to be served on all parties, especially the petitioner.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: I have only been getting $500 a month for 3 kids since 2010.

My boys are both over 18 now so my ex only sends $400 a month now. We have not been back to court to amend anything. He recently quit his job and moved to Colorado with his his girlfriend. Now that he is out of a job I have gotten one late payment and no payment this month so far. What do I do?

Sharita Blacknall
Sharita Blacknall answered on Apr 28, 2020

Contact the attorney general for assistance.

There are very specific rules regarding child support enforcement for children over 18 so you need to contact attorney general as soon as possible to preserver your rights or retain an attorney.

Disclaimer: This information is for...
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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: How can I buy a home and have it solely in my name?

My wife and I are planning on selling our home and buying two separate homes with the proceeds, one in Texas and one in Michigan. The mortgage on the Texas home will be solely in my name. Since Texas is a community property state, what can be done to ensure the house remains solely my property in... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 28, 2020

You should consult with and retain an attorney.

In general there are different mechanisms that can accomplish this goal. One mechanism may be a partition and exchang agreement.

Disclaimer: This information is for educational purposes only and does not create an attorney-client...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: If i try and pick my baby up from a non family member does that person's have to give me my child back??

My childs father won't let me see my baby or talk to her i have no idea if she is okay its been almost 4 weeks now if my child is at a home with the girlfriend do i have the right to pick up my child since she is mine??

Sharita Blacknall
Sharita Blacknall answered on Apr 28, 2020

There are more details needed to give you advice. You should consult with an attorney.

Do you have a court order in place that gives you specific days and times of visitation? If not, you need to get a court order in place immediately.

1 Answer | Asked in Family Law for Texas on
Q: can I deny my ex husbands fiancé to participate in my autistic sons therapy?

His fiancé has never had kids and my child says she is mean to him. My ex has a revolving door of women. I don’t think they will get married and I don’t want to add more drama unless he gets legally married.

Sharita Blacknall
Sharita Blacknall answered on Apr 28, 2020

In general, if the therapy occurs during the other parents time then they can bring anyone allowed by the therapist.

Unless, it can be shown that the girlfriend is physically and mentally abusive or the therapist says that the girlfriend should not come because it has a negative effect on...
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1 Answer | Asked in Family Law and Child Support for New York on
Q: Is it my brother or mother who needs to go to court

my brother is 18, moved out of his father's, while my mother is still paying child support. My brother now lives with me. Who and or what should we do to get the money back to my brother instead of his father

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 28, 2020

If your brother is going to school full time, he is entitled to be supported. Since he is living with you he can file for support in Family Court but he will need a good reason why he isn't living with either of his parents. He should speak to a lawyer about all of the facts of the case.

1 Answer | Asked in Child Custody, Constitutional Law, Criminal Law and Family Law for Georgia on
Q: With the help of a judge Defacs and local police my child has been kidnapped. No Due process and civil rights violation

My child was recently removed from my custody without any clear and convincing evidence due to an anonymous false allegation which after two hearings have not been proven, which is required in this situation. Now he was judicially held from us recently but we have not been allowed to see him or... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 28, 2020

It is best to contact an attorney as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: What can be done failure to be served rule 109 with parentage petition, as well as ex statement of good joint cust pet?

Daughters dad has had no contact, but after several attempts to reduce child support, has now filed a joint custody petition, and served it on me.

First, he did not serve me rule 109, which was granted. Second, he did not include his statement of goodwill as required, with his petition... Read more »

Lane Wood
Lane Wood answered on Apr 28, 2020

I'm sorry that you are going through a custody fight. Custody battles are often hard fought and emotional. I will do my best to answer your questions, but I would also recommend that you seriously consider hiring an attorney to represent you. Custody determinations can have lasting effects on you... Read more »

1 Answer | Asked in Family Law for Massachusetts on
Q: Does a quitclaim deed (signed after divorce) take precedence over a divorce agreement in MA?

Divorced 12/2012, X signed quitclaim deed giving me sole ownership of home in 9/2013, mortgage is in my name alone. Child is now 23 and X is demanding I sell the house and give him half. Child support was paid via payment to mortgage company to reduce monthly chasing for payment. Does the... Read more »

Brian Waller
Brian Waller answered on Apr 28, 2020

That is really hard to say without knowing the specifics of the Separation Agreement that was signed as part of the divorce or divorce judgment if it was decided by a judge. It isn't all that uncommon for one spouse to stay in the home until the kids finish school and then the house sold at that... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Oklahoma on
Q: Is the final monthly child support payment prorated to the last day of school or due in full for the month school ends

School is out mid-May. Graduation is late June. How should the final payment be handled?

Pete David Louden
Pete David Louden answered on Apr 28, 2020

You will need to review your support order. Most of the time the order will state the due date as the 1st day of the month. If child graduates in June then the June 1 payment would be made as usual.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: I'm making more money and I want to have an idea of what my child support will be once it is reevaluated?

I have 3 boys ages 9, 8, and 5. We live in Ottawa County, Michigan. My ex has full physical custody and we have split legal custody. I have parenting time every other weekend. She doesn't keep a job very long and when she does is usually minimum wage. I went from making ~$15/ hour to almost $30/... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 28, 2020

There is a lot that goes in to a child support calculation. Without knowing numbers, but assuming income attributed to the mother remains consistent, and nothing else changes except for your income doubling, you can roughly guesstimate that the amount you pay in child support will increase... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: I am seeking council on how to legally increase my parenting time to equal parenting time with my children?

Primary residence was granted to my children's father in August of 2018. I was ordered to have parenting time with my children only every other weekend. I was in graduate school at the time of the divorce to try to better myself and make a new life for my children and I which I believe hurt me in... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Apr 28, 2020

It has been over one year from the last Order so you can go back and ask for equal time if there have been substantial and continuing changed circumstances. Most attorneys have free initial consultations so that additional details can be discussed regarding this matter.

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1 Answer | Asked in Family Law for Michigan on
Q: my husband has parenting time during the weekday. With schools being closed and online learning how does that affect

My husband’s parenting time with his school age children is every other weekend Friday thru Monday and on the weeks he does not have the kids for the weekend he is ordered Wed night to Thursday. Normally when school is open his drop off is at school Monday and Thursday mornings. How should his... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 28, 2020

Most courts are operating under the guidance that parenting time should continue to the extent possible as if school remained open through the regularly scheduled end of the school year. In your husband's situation, ideally, he and the mother could negotiate a drop-off time and location. If they... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: Looking for options on what to do about my children's Father.

My children's dad was permitted every other weekend visitation with me being present. We are suppose to meet at an agreed upon place for him to see them. He was also ordered 200 cs each month. Since this order in September '19 he has seen them at most 10 times since. He has also only given me 400.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 28, 2020

You can hire an attorney to hold him. In contempt for both child support and the visitation.

1 Answer | Asked in Family Law for Texas on
Q: Me, my fiancé & newborn son came to Louisiana from Texas to visit family, can I return home with my son without her?

It was only supposed to be a visit to show her family our son but with the recent covid outbreak we stayed longer that expected well now that we can return home she no longer wishes to live in texas & wants to stay in Louisiana. Can I legally leave with my son & go back home to Texas?

Sharita Blacknall
Sharita Blacknall answered on Apr 27, 2020

You need to consult with and retain an attorney.

There are some specific questions that you need to be asked to ensure that you will not be charged with kidnapping and that you have not been in Louisiana long enough to establish jurisdiction there.

In general, if an unmarried...
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1 Answer | Asked in Family Law for Texas on
Q: Hello I’m in Texas. I bought my home 2 years before we were married. Can my husband take half of my home if we divorce

Been married 3 years with a 1 year old. Can I refinance will that make it worse,

Sharita Blacknall
Sharita Blacknall answered on Apr 27, 2020

Community property is any property purchased or acquired during the marriage.

1 Answer | Asked in Family Law for Minnesota on
Q: My gf parents are really strict to her and it’s ruining her mental health what can she do she wants to leave

she 16 almost 17

Mark William Perron
Mark William Perron answered on Apr 27, 2020

She can certainly petition the Court for emancipation. There is no real bright line test, but the Courts have a lot of discretion in declaring a minor emancipated. Some of the factors include the minor’s living situation, consent of the parents and the overall situation or actions created by the... Read more »

1 Answer | Asked in Criminal Law and Family Law for California on
Q: are there any PC laws or other law that support hardship for California prisoner with very sick parents, grandparent?
Dale S. Gribow
Dale S. Gribow answered on Apr 27, 2020

more info needed.

i believe it would be taken on a case by case basis..........

what is the charge? how long have you been in prison? what is your past record? etc

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: My wife and I have filed for divorce. She purchased a house with my money in Maryland. Am I entitled to this property?
Pawnee A. Davis
Pawnee A. Davis answered on Apr 27, 2020

If the house was purchased during the marriage it is likely that you both are entitled to half of the house because it is marital property. If it is marital property, either of you may propose to buy the other's interest in the house or you may put the house on the market and split the proceeds.

1 Answer | Asked in Family Law for New Jersey on
Q: Hi, I am a resident of Middlesex county, NJ, where after a short lived marriage of 2 months my husband filed for divorce

or anullment on false reasons on grounds of irreconcilable differences. I was a victim of physical and emotional abuse for which I have filed a police complaint as well. I am an Indian citizen and came to US for a short visit on business Visa and was cojuled into this marriage. I did not have... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Apr 27, 2020

Thank you for your question. While there may be personal reason why you wanted to file on the grounds of mental cruelty, it will not matter what the underlying grounds are. It will not be on the Final Judgment of Divorce, nor does fault matter in New Jersey as far as potential property... Read more »

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