Questions tagged [family-law]
Law regarding domestic matters, such as the relationship of spouses, or between parents and children.
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Can a bigamist be sued in civil court and if so, what would be the reason?
Bigamy is a criminal offense, meaning that if a bigamist is sued it will be by the state. But let's say the "second spouse" (or first one) wanted to sue the person in civil court.
Could they?...
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Who is more likely to get custody, mother's grandparents or non-biological-father divorcing the wife?
Situation:
A husband is divorcing the wife, and he is NOT the biological father of the couple's children
this is because she cheated on him (unknown to him until divorce)
until the divorce time he ...
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Can two people sign a agreement without a lawyer
So can two people sign a known sperm donor agreement they make themselves without lawyers if they have a witness and it's for at home insemination in Maine we don't want to get lawyers involved and we ...
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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.
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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. ...
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 "...
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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,...
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*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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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, ...
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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, ...
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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 ...
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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 ...
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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?
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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 ...
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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 ...
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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, ...
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