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Questions tagged [family-law]

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

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UK family court not responding to request for documentation

I need to get a certified copy of an original divorce decree from a regional / county court in the UK. They have failed to respond to the request for over two months,. Unfortunately, the paperwork in ...
Engineer's user avatar
-2 votes
2 answers
95 views

Making false statements and affidavits in Family court

The applicant in the family court has used multiple false statements and affidavits to drag a case for 10 years. The applicant's lawyer has used false statements in the court to get decisions in the ...
Isha W's user avatar
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1 answer
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After a divorce, what corollary relief may remain available?

After a divorce has been ordered, what corollary relief (orders for property division, spousal support, child support, etc.) may remain available to the former spouses?
Jen's user avatar
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2 votes
1 answer
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Why might a court not be allowed to order the sale of home owned by a tenancy of the entirety?

I am reading a case from 1978, Kahn v. Kahn, in which the Court of Appeals in New York debated whether it had the authority to order the sale a couple's home during divorce proceedings. The principal ...
lgshost's user avatar
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8 votes
1 answer
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How can misattributed paternity cause "a welfare minefield"?

It is in the news that a council was denied their request to force a DNA test on a child where there was a case of suspected intentional misattributed paternity. In criticising the family involved ...
User65535's user avatar
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What exactly determines the gender of a party in a divorce case?

We have a divorce case, husband X divorcing wife Y. However, somewhat simultaneously, wife Y is undergoing a Female-to-Male transition. What exactly would be the necessary trigger/condition for the ...
user17760's user avatar
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4 votes
1 answer
336 views

Does a birth certificate list the baby's legal or biological father?

Suppose a married woman has a child whose biological father is someone other than her spouse (e.g. due to an affair, rape, or because she is in a same-sex marriage), but she and her spouse want the ...
Very Tiny Brain's user avatar
1 vote
2 answers
204 views

What happens when a father wants his child vaccinated but the mother does not?

I asked this question to a social worker once and she thought real hard about and could not give me an answer beyond the statement that vaccinations are very important to the safety and welfare of ...
Neil Meyer's user avatar
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4 votes
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Divorce court jurisdiction: filing

Is there a uniform rule on where a spouse can file for divorce? I can see 4 possible jurisdictions: Where the couple married Where the filing spouse lives Where the non-filing spouse lives, if ...
user0306's user avatar
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1 vote
2 answers
120 views

When separated parents share parenting and one parent objects to a dangerous activity, does it matter whether the activity requires enrollment?

In the Danish "family-law" or "paternal responsibility law" there is a phrase concerning parents with shared custody, the parent with the registered address has a veto right ...
JoSSte's user avatar
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1 answer
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“if parties create a breach of contract then this agreement is null and void and the division of proceeds shall be decided by court of law.” Meaning? [closed]

I am supposed to get 100% of the net proceeds for sale of a home as stated in an agreement drawn up by attorneys. However at the end of the agreement it says “If the actions of the parties create a ...
Agreement Concerns's user avatar
6 votes
8 answers
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Release my children from my debts at the time of my death [closed]

Upon my death how do I physically write the actual release of debt without an attorney, so my children are not held responsible for my debts.
Artemus hutchens's user avatar
5 votes
1 answer
1k views

What proportion of parenting time makes someone a "primary parent"?

The terms "primary parent," "majority of parenting time," "shared parenting time," and "split parenting time" are used to describe the division of parenting. ...
Jen's user avatar
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2 votes
1 answer
125 views

When flatmates get an AVO against each other, who has to move out?

If one flatmate trespasses in another’s room after an extended period of hostile verbal and nonverbal communication, can the flatmate who was trespassed against get an AVO? If so, who has to move out?
TheIronKnuckle's user avatar
2 votes
1 answer
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Changing a Will

Person XYZ goes to an attorney and hires to the attorney to draw up a will. The attorney produces the will and it is signed. After several years, the person goes back to the attorney and asks the ...
Bob's user avatar
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3 votes
1 answer
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Is this a conflict of interest for the lawyer

A lawyer, in the united states, is hired by person X to prepare her will and a medical directive giving her son the power to speak for her on medical issues (e.g. a POA for medical) if the mother ...
Bob's user avatar
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0 votes
2 answers
73 views

Is there any chance for a parent to get a joint custody without a legal status in the U.S.? [closed]

Jan 2020 - I came from Outside of U.S. (foreign citizen) on a fiancee visa. Mar 2020 - I married my ex-wife (she is a U.S. citizen). Sep 2020 - I got my 2 year temporary green card. Mar 2021 - Our ...
user49019's user avatar
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1 answer
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What are the minimum requirements for obtaining joint custody in Arkansas? [closed]

State: Arkansas. A parent wishes to obtain joint custody for a 3-year-old child. What are the minimum requirements for the following: Apartment: Is it necessary for a parent to have a 2-bedroom ...
Amanda Peterson's user avatar
14 votes
5 answers
6k views

What differentiates living as mere roommates from living in a marriage-like relationship?

For jurisdictions that provide that a couple become spouses after living together in a marriage-like relationship for a given period of time1, how is such a marriage-like relationship different than ...
Jen's user avatar
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1 vote
1 answer
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Giving somebody medicine against their will

Consider the case where an adult son is caring for his parent with dementia. The parent is considered legally competent and has been prescribed certain drugs by the parent's doctor. The patient takes ...
Bob's user avatar
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-2 votes
2 answers
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States' rights and the 14th amendment [closed]

The 14th amendment guarantees equal protection under the law for all citizens of the US. It's my understanding that this means from the Federal Government, and doesn't exactly apply when it's a "...
Andrew Brock's user avatar
0 votes
2 answers
176 views

Is parent allowed to use child support money on himself/herself in Arkansas?

State Arkansas: Parent “A” works full time. Parent “B” is unemployed. “A” and “B” are divorced. “A” pays $1,000 in child support to “B” monthly. Joint custody, week on week off. Parent “B” spends $1,...
user49019's user avatar
1 vote
2 answers
90 views

*Buecking* holding finds that cooling-off days for decrees of transitory legal separation do not count for in rem decrees of divorce

The Buecking holding unambiguously finds that cooling off days for transitory decrees of legal separation do not count for cooling off days in rem decrees of divorce. The Dissolution Act of 1973 ...
QZ23's user avatar
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1 answer
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What is the time limit between signing a joined petition for divorce and the actual filing of it in WA?

Say you and spouse signed a joined (agreed) property and divorce petition, no notice required, in April, but it did not get filed until December, 8 months later. This time-frame exceeds the 90 day ...
QZ23's user avatar
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4 votes
1 answer
72 views

Which courts exercise family law jurisdiction in Australia?

Under s 51(xxi) of the Constitution, the Commonwealth Parliament has the power to legislate with respect to marriage. Thus, most substantive Australian family law is set out in the Family Law Act ...
sjy's user avatar
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Do you read RCW §26.09.030 such that there is or is not a 90 day wait period for legal separations? I say there is

A 90-day "cooling off" period before a divorce decree, is prescribed by law in Washington State. But there is a hotly-debated issue as to whether legal separations deserve the same ...
QZ23's user avatar
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0 votes
1 answer
1k views

Have I misread Hermesmann v. Seyer?

Hermesmann v. Seyer (State of Kansas ex rel. Hermesmann v. Seyer, 847 P.2d 1273 (Kan. 1993)) To me, the opinion of the court implies A) Single mothers work too many hours for too little pay to raise a ...
Ethan Miller's user avatar
3 votes
1 answer
249 views

Are there "common-law-marriage" like implications in states without common law marriage?

There are only under 20 states that recognize common-law marriage. My question is, in the other 30+ states, is there any legal effect caused by "common-law-like conditions"? In other words, ...
user17760's user avatar
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1 vote
1 answer
126 views

Does IIED (emotional distress) apply to infidelity and if no, why not?

I found this interesting corner of law called IIED (Intentional Infliction of Emotional Distress). https://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress To a layman's eye, ...
user17760's user avatar
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0 votes
1 answer
311 views

Adult son moved out but left belongings behind [closed]

my adult son 28 has moved in with his girlfriend and her parents and has left the majority of his belongings in my house, How long do I have to give him to remove them and what can I do if he doesn't ...
Klo's user avatar
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2 votes
2 answers
92 views

Taking care of a Aging Parent

It is my understanding that just because an older person does things that are not wise, does not give the right of an adult child to impose guardianship on them or force them to see a doctor. It is my ...
Bob's user avatar
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1 vote
1 answer
91 views

Having Guardianship over a parent and medical care

Imagine an adult child is given guardianship over his/her senile parent. Can the adult child force the parent to see a doctor against the parent's will?
Bob's user avatar
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2 votes
1 answer
424 views

Can an Elder Mother kick out her adult child from her house?

Imagine a adult child is living with her mother (and has been for a long time) who has some dementia issues. It is the mother's house and the adult child has been trying to help the mother. Then one ...
Bob's user avatar
  • 1,203
2 votes
0 answers
178 views

Are second level cousins considered "Sapindas" in India's Hindu Marriage Act?

Are second level cousins considered Sapindas in India's Hindu Marriage Act? Please refer the following screenshot in which the highlighted SINDHUJA [Y] (Red in color) and RAJ [M1] (White in color) may ...
B.Balamanigandan's user avatar
1 vote
1 answer
77 views

If you have pressed charges against someone for violating a court order, is it legal for them to threaten you? [closed]

Let's assume the state is Arizona, both parties have 50/50 custody with a holiday custody exchange between 6pm-8:30pm. One parent (parent A) decided they don't want to see a child the previous year, ...
LawCurious's user avatar
0 votes
1 answer
126 views

Can a person sign a contract committing to never taking an ex-spouse to Family Court?

Can a person sign a contract committing to never taking an ex-spouse to Family Court? For example, as part of a divorce agreement, my (soon to be) ex-spouse wants me to put money aside in escrow that ...
Curious1's user avatar
  • 111
4 votes
2 answers
1k views

Getting guardianship over a parent

It is my understanding that just because an older person does things that are not wise, does not give the right of an adult child to impose guardianship on them. It is my understanding that if they ...
Bob's user avatar
  • 1,203
0 votes
0 answers
56 views

How to prevent exposing inheritance money in a trust in case of divorced?

With inheritance money in a trust, if parents give us money for a house, will that expose all trust funds in a divorced in California? Not worried about the "commingled" money given, only ...
ki gojer's user avatar
1 vote
2 answers
140 views

Can I change attorney ad litem? [closed]

I’m in a custody battle in Arkansas. We still have 10 months until the final date of court. Our attorney ad litem appointed for our 2 year old daughter is extremely biased against me. I can feel it ...
user47152's user avatar
-1 votes
3 answers
161 views

Can same-sex sex committed in (e.g.) western countries be prosecuted in (e.g.) Morocco?

Pretty much the title, is same-sex sex also illegal when not committed in a homophobic country when visiting there? E.g. could social media posts put you on trial when you'd visit such countries?
Herbert's user avatar
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1 vote
0 answers
19 views

Child custody case and allowing another individual to deal directly with the solicitor

We have a family member J. Doe in the UK who is going through a solicitor to deal with an issue related to child custody and visitation. The family is wondering if there is a way that J. Doe can grant ...
MrSethward's user avatar
6 votes
2 answers
1k views

When did the Mexican legal requirement to register a child with two last names come into effect?

In Mexico, children are given two last names at birth, and keep those two surnames throughout life. That's built into information systems and assumed on government forms. It's required by government ...
david's user avatar
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1 vote
1 answer
72 views

court appearance when stay order from higher court

In India for a relative's divorce case, a petition is filed in high court against a case in lower court. The higher court has issued a stay order. But my relative's lawyer in lower court says he still ...
Raj's user avatar
  • 201
1 vote
2 answers
136 views

Does a judge have to give an opportunity for cross examination in California Family Law?

We have a new judge in our local Family court. The former judge would always ask the parties whether they would like to ask the witnesses questions and make sure they were done before moving on. At a ...
Derek G's user avatar
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-7 votes
1 answer
233 views

Are family courts prejudiced against men?

Does family court really hate men and fathers? Seems to be a common thought on the internet. Is it really true the only right a man has towards his kids is the right to pay for everything? I really ...
Neil Meyer's user avatar
  • 4,997
-2 votes
3 answers
255 views

Could marrying a career woman help you escape alimony?

Is it generally accepted that if a woman has access to a profession that she can support herself with that you could use this fact to escape alimony? I believe this to be so but is it in fact true. I ...
Neil Meyer's user avatar
  • 4,997
-3 votes
4 answers
185 views

What would happen if this would to happen in a paternity case?

Let's say, for instance, you as a man were to be sued for child support. You then went to city hall to see if you have been declared as a father on any child's birth certificate. The government ...
Neil Meyer's user avatar
  • 4,997
-1 votes
3 answers
625 views

Do you have to pay child support if your gf that live together with you get pregnant with someone that's not your child?

Say you live together with a woman. Unknown to you, the woman becomes pregnant by someone else. From the beginning you already said that you only want to be responsible for your own children. Now, ...
obfuscated's user avatar
  • 1,075
0 votes
1 answer
57 views

Does a NY divorce court have jurisdiction to rule on an action that involves the use of Supplemental Security Income funds?

An over 21 mentally challenged person who was certified to receive Supplemental Security Income (SSI) at the age of 18 elects a "Payee" who happens to be a parent. For several years the ...
nroneson's user avatar
4 votes
2 answers
980 views

Can witness from another state be held accountable?

If it’s a family law. In some state, for example, Arkansas. Can I call a witness from a different state? Will court accept him? I’m asking because this witness is from a different state, then the ...
user44868's user avatar

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