Questions tagged [family-law]
Law regarding domestic matters, such as the relationship of spouses, or between parents and children.
113
questions
0
votes
1answer
35 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 ...
0
votes
0answers
53 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 ...
0
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1answer
85 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 ...
2
votes
2answers
187 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 ...
0
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0answers
49 views
Specific wording for a judgment finding no arrears in child support in Texas
Several months ago, my ex-wife and I filed an agreed order modifying our custody and child support with the court which, among other things, noted that she agreed that I have no child support arrears. ...
1
vote
1answer
57 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 ...
2
votes
3answers
218 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 ...
1
vote
0answers
50 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.
1
vote
2answers
48 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
votes
1answer
148 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 ...
3
votes
3answers
92 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
votes
1answer
223 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
98 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 ...
0
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0answers
119 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 ...
1
vote
1answer
96 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
votes
1answer
229 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(...
1
vote
2answers
194 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 ...
0
votes
1answer
62 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 ...
0
votes
1answer
72 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 ...
2
votes
1answer
517 views
What is the Mississippi Law and Federal Law against incest?
What is incest legally and what punishment applies?
4
votes
1answer
107 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 ...
1
vote
1answer
74 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 ...
2
votes
2answers
108 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 ...
0
votes
1answer
71 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 ...
-2
votes
1answer
83 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, ...
0
votes
1answer
119 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....
0
votes
1answer
40 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 ...
1
vote
1answer
126 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
votes
1answer
179 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 ...
1
vote
2answers
201 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 ...
15
votes
1answer
329 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
votes
1answer
152 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 ...
2
votes
1answer
838 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)...
0
votes
1answer
204 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 ...
1
vote
1answer
126 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
votes
2answers
367 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
votes
1answer
152 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
votes
1answer
59 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, ...
1
vote
1answer
375 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 ...
3
votes
1answer
80 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....
1
vote
1answer
84 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 ...
-2
votes
1answer
135 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
votes
1answer
422 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
votes
1answer
190 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 ...
0
votes
2answers
45 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 ...
8
votes
1answer
477 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
votes
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 ...
1
vote
2answers
613 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
votes
3answers
200 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 ...
1
vote
2answers
69 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 ...
