Questions tagged [family-law]

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

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57 views

If you win a family court appeal in MS can you request another judge?

If a person wins an appeal in MS family court due to no guardian ad litem being appointed when allegations of child abuse are made known does the appellant have grounds to request another judge or ...
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79 views

Ensure adult child will have no special status in managing a parent's affairs

I have a friend (in US) who is estranged from his adult child. He is concerned that if, at some point in the future, he becomes unable to manage his affairs, that courts will presume this child has ...
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Can a woman deny her husband or a stranger paternity test?

Can a woman deny her husband or a stranger paternity test? Can a woman deny her husband a paternity test if he thinks she cheated on her? What about a stranger who claims to be the father when the ...
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while going through section 3,MAJORITY ACT 1875 ,i noticed a few hiccups in the illustrations.could someone clarify whether it 's a mistake?

firstly it stated that : Section 3 in The Indian Majority Act, 1875 3. 8 Age of majority of persons domiciled in India.- (1) Every person domiciled in India shall attain the age of majority on his ...
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Can Parents Of A Minor Legally Take Away Something That They Own [duplicate]

I'm under the age of 18 (a minor). Do my parents have the right to take away my personal property? To clarify this I should mention that my parents are divorced and my dad has legal custody of me but ...
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58 views

Property Ownership of a deceased child

Interesting and confusing situation posed to me.. When there are multiple households a child lives within, who retains ownership of items provided to a child by one parent if said child passes? So far:...
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51 views

What do I do if my son's dad wants to take back a gift he gave our son saying it's theirs and not his? [duplicate]

My son's father gave our son a Nintendo Switch for his birthday. When he went to spend the night at his house (we are not together) he took it saying it was his and he would let our son borrow it. He ...
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1answer
106 views

Getting married for financial aid - what are the implications? [closed]

I’m currently a freshman at a private college. I get little financial aid to offset the cost of attendance of over $80,000 per year. For the next three years, I would expect to pay around $250,000 for ...
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50 views

What is the emancipation process?

I am looking into emancipation and was wondering what the process looks like. I live in PA. Any information will help.
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1answer
31 views

Can a lawyer be charged with Custodial interference pursuant to ARS 13-1302?

The law is stated here If a lawyer or a nonlawyer provides legal advice to family member, advocating they take a child out of state, without filing an order of protection, an emergency order, petition ...
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32 views

What constitutes “contempt of court orders” in relation to a family judge's final decision and Rule 69 Agreements?

Given a scenario where a judge in Arizona Family Court submits a final ruling that orders any modifications of parenting-time be required to go through mediation and given that one party demonstrates ...
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18 views

What constitutes a “Rule 69 agreement” after a judge has issued a final ruling and required mediation?

The context is in Arizona and I'm wondering how can a party prove an agreement existed.
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50 views

When Is The Evidence In A Mississippi Custody Case Insufficient To Be Sustained On Appeal?

If a judge hands down a decision to give a defendant custody based on a child being possibly autistic via therapist speculation without the child being officially tested for autism is this good ...
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What precedent exists in Arizona on matters of Perjury in Family Courts?

I was reading this article on perjury in family courts and I was wondering what relevance does this have in different US states, such as Arizona? Ex Parte Sheldon, 44 Nev. 268, 193 P. 967 (1920), in ...
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73 views

PTSD and custody

A parent is awarded joint physical and legal custody of their children. This parent is subsequently diagnosed with PTSD. Assuming there are no allegations of abuse verbally or physically or other new ...
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1answer
56 views

Can you hire attorney to obtain birth certificate for your child if you are out of country?

Consider a situation where non-US citizen parents (say Indian parents) have a child in US thus child is US citizen by birth. They obtain birth certificate and passport for the child and go back to ...
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81 views

What are the differences in child custody litigation between TN and GA?

I've put the question of child custody in TN into three separate categories: 1. Divorcing parents. 2. Unmarried parents. 3. Third parties requesting custody to protect a child. Divorcing parents. ...
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145 views

Am I required to provide for my abusive parents' life after I move out?

Background My mother died 12 years ago when I was 8 years old and my drunkard father (F) married someone else (step-mother, SM) to help him raise me. Past decade has been a disaster for me. I was ...
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78 views

paternity test in Germany

I heard that in order to make a paternity test in Germany, the consent of both spouses is needed. If the husband has doubts about whether he is the father of a child born in wedlock, can he insist on ...
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In BC, Canada, may an adult seek & receive a Protection Order if the respondent is the mother of the petitioner but the parties do not live together?

(N.B. I've never studied the Canadian legal system, I'm not Canadian, I don't live in Canada, and I've never been to Canada. But I like cheese curds.) In a nutshell: what I want to know (...
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76 views

Contempt of court?

Ex partner agreed to sign a quit claim deed as part of the parenting plan back in March 2019. To this point he is refusing and still won’t sign it and submit to recorders office. Is this something I ...
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99 views

Governing entity over or recourse against corrupt Division of Social Services in North Carolina?

In the hypothetical situation laid out below, what governing entity over DSS could one turn to? In general, what action can be taken against a government entity such as DSS to force adherence to court ...
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1answer
102 views

Legal obstacles to moving out of parents' home and renting an apartment [closed]

I am 22 and live with my parents but am planning to move out soon. My parents are uncooperative with preparing me for this stuff (they have refused to take me to get my driver's license), but ...
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49 views

Court order during custody battle [closed]

If it's relevant, this is in Massachusetts. I have a situation where there is a custody battle going on and the two parties are under a temporary court order while the case is being processed (...
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1answer
47 views

Can a “legal” type DNA test be conducted in the state of Ney York without a court order?

Suppose two people who are over 18 wish to do a "legal" type DNA test to prove they are related, and one of them resides in New York, and the other one resides somewhere else in the United ...
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2answers
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What are your rights as a father in Arizona?

Facts regarding the Father: Acknowledged by court & mother as the biological father On child's birth certificate Legally married to the mother Facts regarding the Mother who is petitioning to ...
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1answer
60 views

How to do court admissible DNA testing when both parties live far apart?

Suppose two people are located in the United States and they wish to prove they are related through DNA testing. They want the test results to be admissible in court so they must use certified labs ...
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74 views

how and when do family lawyers get in trouble for practicing law in a state they are not licensed?

Say a lawyer is licensed to practice law in State A, and gives legal advice to a family member in state B which they are unlicensed. How could that lawyer violate state bar ethics? Where are the ...
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1answer
96 views

Is it illegal to distribute physical images of relatives (including minors) without consent?

My estranged father has produced a limited run of CDs for distribution (potentially for profit - unknown at this time) that include images of my son (a minor) and me on the sleeve, without my consent. ...
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Is the (Indian) Divorce Act, 1869 applicable for all religions, or is it applicable only to Christians?

As you can see in the preliminary of this (Indian) Divorce Act of 1869 here, it talks about the extent of Act in point 2 of preliminary. I understand that according to that point, the Court can grant ...
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45 views

Can a surrogate mother abort or can abortion be legally enforced upon her?

In jurisdictions where surrogacy contracts are regulated and abortion is legal: Can a surrogate mother (who has signed a contract and is earning money for her service) legally abort the child in her ...
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48 views

Can a surrogate mother keep the legal motherhood?

In jurisdictions where surrogacy contracts are regulated: Can a surrogate mother (who has signed a contract and is earning money for this service) keep legal parenthood over the child in her womb if ...
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Family law protections offered by EU Citizenship

As a United States Citizen living in an EU country, would I be offered any additional protections in family law cases if I became an EU citizen? What if my EU citizenship was of a neighboring country, ...
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44 views

If a parent takes an infant across state lines during lockdown, can the court consider it an act of Domestic Violence?

My professor is giving us this question for class with the following prompts... Suppose the following of Victim (child) is true: born premature due to the mother not going on bedrest as recommended ...
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1answer
52 views

FL-150 INCOME AND EXPENSE DECLARATION - Have No Information

My question involves a marriage in the state of: California. I have a spousal support hearing very soon and I need to fill out the FL-150 Income and Expense declaration form. Found here: https://www....
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2answers
155 views

Is It Legal to Marry a Jew?

Let's say an Eastern European woman is in Israel on a work visa and a Jewish man, for whatever reason, wants to marry her. Since it is practically speaking illegal to mix in Israel, could they ...
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1answer
88 views

What Relevance Does Litigation Misconduct Have In Custody Cases? Does The PKPA Play A Role?

I'm having trouble understanding how the parental kidnapping prevention act works. There is a case where a lawyer coordinated with a family member to file falsified domestic violence (assault) then 14+...
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2answers
67 views

Can someone divide and simplify this sentence so I understand?

Context is Children's Act 1989. The full sentence is this, I especially have a hard time understanding the bold part: "The local authority having indicated it wishes to apply for an urgent ...
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100 views

Retroactive Child support across country lines

Let's say the Family initially lived in Australia (NSW) in the mid-90s. After the divorce, the rate of child support was calculated and fixed. Sometime later the father (paying the child support) ...
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35 views

Limited Duration Alimony - do I need to do anything to stop the payments after the period ends?

My ex-wife was granted LDA for 10 years, which ends in December 2020. Do I need to do anything -fill any paperwork, etc.- to stop the payments or do they stop automatically? Both, my child support ...
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1answer
37 views

Illinois stay at home and visitation time

Currently Illinois is on a stay at home order based on current conditions with covid19. My sons (who has asthma) biological father decided to still go on vacation to Florida. The day he gets back he ...
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1answer
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Void marriage petetion

Marsh married to suleka on 3rd Jan and this is a arranged marriage and it was forced family marriage for marsh. Again on next Feb Marsh registered perry who's his lover and both have forged witness ...
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2answers
242 views

If a couple pre-drafted a *non binding letter* stating opinions on custody do you believe it would be admissible?

-I will get an attorney don't need to make the recommendation again -I understand that prenups/postnups can't negotiate custody (best interests of child) -But lets say a couple drafts a letter that ...
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1answer
126 views

Anti-Fighting Clauses in a Prenup (MN)

Any ideas for prenup clauses to discourage fighting at a future divorce? I've got so far: Binding mediation & arbitration Fees (attorney, court, etc.) awarded to opposite party for refusing ...
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75 views

What do you call it when your life has been lied about and events over exaggerated

I have recently found myself in a custody case where the other parent has lied and over exaggerated unfortunate events in our (mine & my girls life’s) to gain temporary custody. Some statements ...
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1answer
161 views

What rights does a minor have when they have a child with a non-minor in New Hampshire?

Title pretty much says it all, my friend had a kid with a girl at 16 (she was 19), and recently, she up and left him. She's still in the state, and their ages are 17 & 20 respectively now. Looking ...
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85 views

One child gets the heritage 40 years later?

I have a question about how to deal with the following issue: There's a family with two kids. The family property is 2 houses (same value, one is home to the family and the other is empty). The older ...
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1answer
39 views

How does Texas law determine what business owner is misclassifying?

I just happen to be reading this article, and as an independent business owner it upsets me how the media paints business owners who have independent contractors as "misclassifying" their employees. ...
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1answer
85 views

Can a non-us citizen grandparent apply for US citizen child's passport?

If US citizen's child's parents, are at work abroad. US citizen child is staying with grand-parent in US. Grandparents are on temporary 6 months visit visa. 1) Can grand-parent apply for passport of ...
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2answers
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Can a family member break into my room and can I take legal actions against it?

Here is the situation. I still live with my family like my brother (we are both of legal age) . We never had a good brother relationship. We always try to avoid each other as best as we can. In the ...