Questions tagged [family-law]

Law regarding domestic matters, such as the relationship of spouses, or between parents and children.

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106 views

Paternity of non-marital children

I came across this document today: Sometimes a married woman gives birth to a child whose biological father is not her husband. Although the husband is not the child’s biological parent, he ...
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0answers
49 views

Is it a crime to run away from spouse and child and declare it as separation? [duplicate]

Is this considered as crime in Canada to run away from spouse and child without meeting their expenses and paying house loan.
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2answers
43 views

Determining gross income to calculate alimony

Wife and husband have a 16 year marriage in Massachusetts. Wife owns business which has been support for household. Husband has refused to work. Husband wants alimony calculated on wife's gross salary ...
6
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1answer
125 views

Does one have legal recourse if one's spouse lied about wanting to have children?

I recently read about a man (Bob) who married a woman (Alice) who already had a daughter from a previous relationship. Bob wanted more children, and Alice was happy to oblige. However, after several ...
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3answers
84 views

Double Jeopardy: Can someone re-file a dropped suit?

Scenario: Jane files restraining order against John due to alleged violent acts committed by John towards Jane John hires a lawyer: provides info that debunks all claims made against him John's ...
2
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1answer
183 views

Mother wants her baby to carry her surname, while the father of a child is against. What surname will be given to a child?

What is the process of legally giving a child his surname? I am on 4st month of pregnancy and I want my child to have my surname or at least have double surname since I will be the one suffering ...
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1answer
88 views

Position statement claiming that something is evidence

In the family law proceedings I'm dealing with the following sentence written by the solicitors of the respondent: "This Statement is true to the best of my knowledge and belief and I make it known ...
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0answers
93 views

What are the regulations regarding position statements?

"By 4pm on 7 August 2018 both parties must send a written statement to each other" Everyone knows what is expected and what to do. Other Court orders are not so specific, they only mention a ...
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1answer
78 views

Can a litigant in person prepare the bundle?

https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a Responsibility for the preparation of the bundle 3.1 A bundle for the use of the court at the ...
3
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1answer
136 views

Is it perjury lying to a Med. Examiner. & Funeral Dir. about being next of kin?

Is falsifying a state document (Medical Examiner Report)and lying to the medical examiner along with the Funeral director about being next of kin to a loved one considered perjury and can that person(...
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2answers
177 views

Migration and marriage

I’m considering leaving my country. I’m married to a person who I cherish and love and we got married in our country of birth in a legally recognized, religious marriage and what I mean by that that ...
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1answer
53 views

Decisions as a guardian of a disabled adult

As a guardian of my disabled younger brother, can I make decisions on who has access to meet him with regards to toxic family members causing constant trouble and interference? If so, how can I go ...
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1answer
56 views

Can an email to a 3rd party be admitted as an evidence in the court? (Family Law UK)

I am the applicant. Yesterday in the position statement of the respondent there was the following statement: “There is now produced and shown to me marked JS1 a true copy of his email to my friend ...
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1answer
326 views

What is the Mississippi Law and Federal Law against incest?

What is incest legally and what punishment applies?
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1answer
94 views

Is it possible to arrange remote attendance at Family Law court hearing in the UK?

It is possible to hire a barrister and be represented. Is it possible to hire a barrister and be represented and have a Skype / Hangouts / anything running during the court hearing? Previous ...
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1answer
69 views

Is Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 applicable for a person Scheduled Cast or Scheduled Tribe itself?

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. I want to know if this act is applicable against who disrespecting own family members who is come under Scheduled Cast or ...
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2answers
83 views

how can I get a birth certificate

My mother abandoned me when I was 4 years old and since then I have lived in the street or in temporary shelters, I want to change my life, I have survived 43 years working honestly without vices ...
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1answer
62 views

What remedies are available for failure to pay the orderd amount of child support in NJ

In my divorce decree which was in Texas, I was ordered to pay child support, which I paid. In the decree right above the judge's signature was a notice in bold letters that stated that failure to pay ...
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1answer
71 views

Does self-incrimination give way to improving credibility to a court

Take this bizarre scenario, a husbands His wife calls the police on him one afternnon cause he wont leave their marital residence. Police arrive and see a mark on his arm, asked him who did that, ...
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1answer
101 views

“Ignorantia juris non excusat” vs "defence for the accused to prove that he did not know?

I thought that https://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat is one of the core principles of the law and how it is structured. Here is a snippet from the UK law: https://www.legislation....
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1answer
34 views

Mental Capacity of family member with means

I have a family member who has over the last few years made quite a lot of money. Recently he has been diagnosed with bi-polar. He is ATM off his meds and is currently on a 'high' and spending a ...
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1answer
123 views

Possible custody problems involving parents of different nationalities

Situation: Women residing in Spain (but different EU national) gave birth in Spain. Father of the child, who is a UK national is legally known and present on the birth certificate, was present at the ...
5
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1answer
154 views

Child expressly wishes to live with other parent. What is legal position of that other parent? (in general terms)

I am intending to phrase this in broad terms so that it may be useful to posterity, not just myself. The broad situation is: Location is England, United Kingdom Father and mother are physically ...
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2answers
189 views

Who is “suitably qualified person” and what certificate is required with statement of truths in Family Law in the UK?

Situation I cannot talk because using my name would disclose name of the other parties. Asking a friend to help me out - we've been working together for a year and spent a lot of time hanging out ...
14
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1answer
264 views

Can male guardians prevent Egyptian women from leaving the country?

As an unmarried adult Egyptian woman living abroad with a valid Egyptian passport, can my father/brother/... stop me, by law, from leaving Egypt after a visit there? I know I don't need to show a ...
0
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1answer
134 views

Undertakings have expired - am I allowed to do whatever I want?

Previously I’ve asked question about undertakings - Non-molestation - undertakings - Legal Aid - is it possible to appeal? - whether there is a way to dispute them. (what I did not realize at the ...
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1answer
419 views

Impact on visitations after license is revoked due to failure to pay child support

The background (United States): Wife took four children and left husband due to abuse After a very contentious separation, husband was awarded partial custody (every other weekend, one evening a week)...
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1answer
199 views

Non-molestation - undertakings - Legal Aid - is it possible to appeal?

Facts: One thread of legal proceedings. The second thread of legal proceedings is regarding non-molestation. I didn’t want to dispute accusations, so much bullshit, so much drama. I thought I ...
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1answer
118 views

Upcoming Child Support Hearing

Back story: I am male, 50 years old. 25 years ago, in New York State (USA), I and a bunch of coworkers occasionally would go out for drinks on Fridays after work. One of the regulars in this crowd is "...
2
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2answers
256 views

How easy can a divorce be dismissed for lack of jurisdiction?

Two people are married for 20 years. They used to live in Pennsylvania but moved to New Jersey across the river and lived there for two years. Wife gets kicked out around January 1 by husband so she ...
4
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1answer
144 views

How legally enforceable are documents giving up paternity?

I have recently been witness to an argument between two acquaintances and since neither of them were lawyers, I offered to post to Law.SE to try and resolve it. For context: since same-sex marriage ...
0
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1answer
55 views

How guaranteed is it that the child abuse info used in a civil custody proceeding would result in criminal prosecution of the abuser?

I know that the burden of proof in civil cases is not necessarily as high as criminal ones (citation: i paid very loose attention to O.J. Simpson cases). However, I realize that there may be nuances, ...
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1answer
269 views

Can records of custody court cases be searched in NYC? If so by whom?

Person A has a need to find person B. They do not know person B's name or other identity, but know they are somewhere in New York City, New York, USA. But they know the following about B: within ...
4
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1answer
76 views

Can direct payments around the court harm a divorce case?

During a divorce proceeding the court ordered the father to pay 1xxx a month in child support through the court/state supervision arrangement. The mother is living away from the father with the child....
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1answer
72 views

How to postpone a hearing? First appearance. (NY) (Family Law)

Would you please inform me of the/a proper and respectful procedure for having a hearing postpones or rescheduled? I would like more time to prepare for a family court case in which I intend on ...
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1answer
119 views

Motion or Demand for Discovery (NY) (Family Law) [closed]

First appearance; I am not using a private nor public attorney. In a family court case, can I "motion for discovery" prior to a first appearance? Should I be "motioning for discovery" or "demanding ...
2
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1answer
218 views

I am an American about to marry a Russian girl in Russia. Do I need a pre-nup?

My fiance is not a "Russian bride"; she's a real girl I've been dating for a year, we love each other, and want to get married. If we marry in Russia, do I need a pre-nup? If we later on get a ...
4
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1answer
184 views

Can I force my wife to have a DNA test on a child?

Long story cut short my wife had an affair while we were still living together and I found out she was pregnant shortly before finding out about the affair. She resists talking to me about the unborn ...
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2answers
37 views

Does the law provide for any defense or help for defense in civil family cases?

A man and woman who are not married have a baby. During the pregnancy the two split up. The woman sues the man for shared custody of the child and he is ordered to pay child support. He regularly ...
7
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1answer
382 views

In the US, at what age can a child refuse to attend a religious service mandated by their parent?

If a child has determined that they don't want to attend religious services with their parent, at what age can they no longer be compelled to do so? Given: A parent is stating to their child that ...
3
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1answer
1k views

Can the mother of a child keep the father's name off of the child's birth certificate?

A man and woman have a baby but they are not married. They split up before the baby is born. After the baby is born, the mother sues the father for child support, wins and the father is ordered to ...
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2answers
352 views

When is it Illegal to Lie in Inter-Personal Relationships?

I casually date someone. We split restaurant bills and have consensual sex. I lie about my income, health, age, name, and marital status to them. Is this lying illegal? Already looked at When it ...
3
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3answers
193 views

“Reward” for each biological child in prenup agreement?

Let's assume this hypothetical scenario where: to-be husband does not want to enter marriage without prenup agreement that clearly ensures separate property; AND to-be wife does not want to have ...
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2answers
68 views

Can I file a petition for a family law matter myself?

My aunt filed for guardianship of my daughter, I contested it and hired an attorney to represent me. He wanted $1500 and I paid him in full. We went through the hearing that included the most ...
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3answers
192 views

What type of lawyer do i need for suing the state?

So, let me get specific so I can get a more accurate answer. My fiance's daughter had been in the custody of the State of Oregon for about 10 years. Yes, a ten year open case. She was taken from her ...
2
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1answer
153 views

Can males be held liable for child support for wife's child?

Lets say a single male living in California were to get married to a woman who has an existing one year old child from her previous marriage. If in the future they were to get divorced, how much of a ...
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2answers
126 views

What methods do lawyers use to find hidden property and assets during divorce

When divorce attorneys are helping clients, what methods do they have at their disposal to find assets and property that has been hidden by their opponents clients? Is there a proper phase for this ...
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2answers
175 views

Can a person sign away alimony after marriage

Hypothetical question: Mary and Sam have been married for 20 years. During the marriage both persons commit adultery and reconcile at different stages of the marriage. Let's also say there is still ...
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1answer
178 views

What happens if I don't show up to the Court (DRA, Family Court, UK)?

The matter is listed for an adjourned DRA on _____ _____ 2018 10AM. The parties to attend at 9AM. DRA = Dispute Resolution Appointment I want to know what would happen if I don't show up for the ...
4
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1answer
118 views

Did the judge try to order me to pierce the corporate veil?

In a legal proceeding a couple of months ago, I was unfortunately at the disadvantage of not being represented by my attorney. (There is a reason which is unrelated to this question.) I'm not a ...