Questions tagged [family-law]

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

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26 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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38 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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35 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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34 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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120 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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75 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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63 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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24 views

Divorce Courts and Settlements

It is well-known that during a divorce (UK) Courts can over-rule 'Pre-nupitals' for whatever reason. If on the other hand, before the Wedding any property belonging only to one partner is protected in ...
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61 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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29 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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34 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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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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Financial settlement - Consent order in England

I have just applied for my decree absolute today and my wife has said she will complete the consent order papers and statement of information in a few days. Can i submit the consent order in court ...
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234 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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120 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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71 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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63 views

Child Support with children of multiple relationships

An unusual situation regarding child support came up, in New York, for which I have not found any relevant and/or favorable case law. Mother had 4 children in a marriage. Husband died suddenly, ...
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102 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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70 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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22 views

Where can I download the entire NY DOM?

Where can I download the entire NY Domestic Relations Law? I find I have to click and click and click to see the different sections. I'd like to be able to move around a pdf.
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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
41 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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58 views

Drug test, pharmacist father good friends with nurses and doctors

I have a doctor's appointment today with an orthopedist to check out m my inflamed sciatica. My father is a local pharmacist, and the doctors office is literally behind the pharmacy. Needless to say ...
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355 views

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 ...
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993 views

Can text message be used against me in court

My daughter's father has petitioned the court for custody modification and is using text messages he downloaded against me. The text messages in question were not sent to him but, rather, were ...
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115 views

Pressing charges for domestic assualt

My husband (now ex husband) was arrested for domestic assault after pushing me so hard my head hit and broke a table. I didn't press charges at the time because I was afraid of him and under duress ...
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946 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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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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51 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 ...
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350 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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155 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 ...
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486 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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136 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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161 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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151 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 hearing shall be ...
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520 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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210 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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94 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
77 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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882 views

What is the Mississippi Law and Federal Law against incest?

What is incest legally and what punishment applies?
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127 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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90 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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115 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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80 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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93 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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145 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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42 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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134 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 ...
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248 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 ...