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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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0 answers
53 views

As a Respondant preparing for a Final Child Arrangements Hearing, can I insist on seeing their Position Statment first? [closed]

I am the respondant in a child arrangments matter, going to a final hearing Ocotber/Nov 2024. I was emailed by my Ex's solicitor today - my question is do I have to "exchange" or, do I have ...
12 votes
2 answers
2k views

What can a father do to become the primary caregiver?

My girlfriend and I live in Indiana. Someday, we would like to get married and have a baby. And God could surprise us with a baby anytime before marriage too. Ideally, I would like to split parenting ...
4 votes
1 answer
3k 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(...
0 votes
2 answers
125 views

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?
-2 votes
2 answers
109 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 ...
2 votes
1 answer
94 views

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 ...
8 votes
1 answer
3k views

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 ...
4 votes
3 answers
996 views

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 ...
1 vote
1 answer
43 views

Are HST arrears for one spouse's business considered family debt that is split between spouses upon separation?

In Canada, are one spouse's business HST arrears considered part of family debt that is to be split between spouses upon separation?
-5 votes
5 answers
216 views

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 ...
4 votes
1 answer
361 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 ...
1 vote
2 answers
220 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 ...
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 ...
-1 votes
1 answer
114 views

“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 ...
3 votes
1 answer
283 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, ...
6 votes
8 answers
12k views

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.
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. ...
2 votes
1 answer
128 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?
2 votes
1 answer
83 views

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 ...
3 votes
1 answer
163 views

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 ...
0 votes
2 answers
76 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 ...
-1 votes
1 answer
517 views

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 ...
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 ...
1 vote
1 answer
105 views

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 ...
3 votes
1 answer
12k views

How to sign a prenup when marrying a foreign lady?

My girlfriend lives in China. She is a Chinese citizen. I'm an American. We want to get married My concern: I have kids so I want to protect them. So naturally i want to sign a prenup. If she was ...
3 votes
1 answer
196 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
2 answers
92 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 ...
-2 votes
2 answers
141 views

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 "...
1 vote
2 answers
152 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 ...
0 votes
2 answers
186 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,...
1 vote
1 answer
74 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 ...
5 votes
2 answers
378 views

Did the judge try to order me to pierce the corporate veil?

In a legal proceeding a couple of months ago, I was unfortunately at the disadvantage of not being represented by my attorney. (There is a reason which is unrelated to this question.) I'm not a ...
-1 votes
1 answer
56 views

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 ...
4 votes
1 answer
74 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 ...
0 votes
0 answers
64 views

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 ...
0 votes
1 answer
2k 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 ...
1 vote
1 answer
147 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, ...
2 votes
2 answers
93 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 ...
0 votes
1 answer
335 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 ...
1 vote
1 answer
97 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?
2 votes
1 answer
439 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 ...
2 votes
0 answers
192 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 ...
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, ...
0 votes
1 answer
130 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 ...
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 ...
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 ...
1 vote
2 answers
149 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 ...
-1 votes
3 answers
162 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?
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 ...
0 votes
2 answers
56 views

Finding text of legislation in India

Where can I find the text of the The Protection of Women from Domestic Violence Act, 2005?

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