Questions tagged [family-law]
Law regarding domestic matters, such as the relationship of spouses, or between parents and children.
153
questions
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44 views
What is the emancipation process?
I am looking into emancipation and was wondering what the process looks like. I live in PA. Any information will help.
2
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1answer
28 views
Can a lawyer be charged with Custodial interference pursuant to ARS 13-1302?
The law is stated here
If a lawyer or a nonlawyer provides legal advice to family member, advocating they take a child out of state, without filing an order of protection, an emergency order, petition ...
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0answers
29 views
What constitutes “contempt of court orders” in relation to a family judge's final decision and Rule 69 Agreements?
Given a scenario where a judge in Arizona Family Court submits a final ruling that orders any modifications of parenting-time be required to go through mediation and given that one party demonstrates ...
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1answer
17 views
What constitutes a “Rule 69 agreement” after a judge has issued a final ruling and required mediation?
The context is in Arizona and I'm wondering how can a party prove an agreement existed.
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1answer
49 views
When Is The Evidence In A Mississippi Custody Case Insufficient To Be Sustained On Appeal?
If a judge hands down a decision to give a defendant custody based on a child being possibly autistic via therapist speculation without the child being officially tested for autism is this good ...
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0answers
27 views
What precedent exists in Arizona on matters of Perjury in Family Courts?
I was reading this article on perjury in family courts and I was wondering what relevance does this have in different US states, such as Arizona?
Ex Parte Sheldon, 44 Nev. 268, 193 P. 967 (1920), in ...
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2answers
344 views
Do you have to be engaged to be married to enter into prenup?
To enter into prenuptial agreement, do you have to be engaged to be married?
If jurisdiction matters, USA.
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1answer
65 views
PTSD and custody
A parent is awarded joint physical and legal custody of their children. This parent is subsequently diagnosed with PTSD.
Assuming there are no allegations of abuse verbally or physically or other new ...
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1answer
75 views
What are the differences in child custody litigation between TN and GA?
I've put the question of child custody in TN into three separate categories: 1. Divorcing parents. 2. Unmarried parents. 3. Third parties requesting custody to protect a child.
Divorcing parents. ...
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1answer
50 views
Can you hire attorney to obtain birth certificate for your child if you are out of country?
Consider a situation where non-US citizen parents (say Indian parents) have a child in US thus child is US citizen by birth. They obtain birth certificate and passport for the child and go back to ...
4
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1answer
139 views
Am I required to provide for my abusive parents' life after I move out?
Background
My mother died 12 years ago when I was 8 years old and my drunkard father (F) married someone else (step-mother, SM) to help him raise me. Past decade has been a disaster for me. I was ...
1
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1answer
57 views
paternity test in Germany
I heard that in order to make a paternity test in Germany, the consent of both spouses is needed. If the husband has doubts about whether he is the father of a child born in wedlock, can he insist on ...
1
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2answers
35 views
In BC, Canada, may an adult seek & receive a Protection Order if the respondent is the mother of the petitioner but the parties do not live together?
(N.B. I've never studied the Canadian legal system, I'm not Canadian, I don't live in Canada, and I've never been to Canada. But I like cheese curds.)
In a nutshell: what I want to know
(...
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1answer
82 views
Governing entity over or recourse against corrupt Division of Social Services in North Carolina?
In the hypothetical situation laid out below, what governing entity over DSS could one turn to? In general, what action can be taken against a government entity such as DSS to force adherence to court ...
0
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1answer
70 views
Contempt of court?
Ex partner agreed to sign a quit claim deed as part of the parenting plan back in March 2019. To this point he is refusing and still won’t sign it and submit to recorders office. Is this something I ...
0
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1answer
102 views
Legal obstacles to moving out of parents' home and renting an apartment [closed]
I am 22 and live with my parents but am planning to move out soon. My parents are uncooperative with preparing me for this stuff (they have refused to take me to get my driver's license), but ...
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1answer
46 views
Court order during custody battle [closed]
If it's relevant, this is in Massachusetts.
I have a situation where there is a custody battle going on and the two parties are under a temporary court order while the case is being processed (...
0
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1answer
47 views
Can a “legal” type DNA test be conducted in the state of Ney York without a court order?
Suppose two people who are over 18 wish to do a "legal" type DNA test to prove they are related, and one of them resides in New York, and the other one resides somewhere else in the United ...
11
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2answers
3k views
What are your rights as a father in Arizona?
Facts regarding the Father:
Acknowledged by court & mother as the biological father
On child's birth certificate
Legally married to the mother
Facts regarding the Mother who is petitioning to ...
0
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1answer
57 views
How to do court admissible DNA testing when both parties live far apart?
Suppose two people are located in the United States and they wish to prove they are related through DNA testing.
They want the test results to be admissible in court so they must use certified labs ...
0
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1answer
73 views
how and when do family lawyers get in trouble for practicing law in a state they are not licensed?
Say a lawyer is licensed to practice law in State A, and gives legal advice to a family member in state B which they are unlicensed.
How could that lawyer violate state bar ethics? Where are the ...
2
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1answer
91 views
Is it illegal to distribute physical images of relatives (including minors) without consent?
My estranged father has produced a limited run of CDs for distribution (potentially for profit - unknown at this time) that include images of my son (a minor) and me on the sleeve, without my consent.
...
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2answers
124 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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0answers
41 views
Is the (Indian) Divorce Act, 1869 applicable for all religions, or is it applicable only to Christians?
As you can see in the preliminary of this (Indian) Divorce Act of 1869 here, it talks about the extent of Act in point 2 of preliminary. I understand that according to that point, the Court can grant ...
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0answers
47 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 ...
0
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0answers
43 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 ...
5
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1answer
212 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 ...
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0answers
24 views
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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0answers
44 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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1answer
85 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+...
0
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1answer
49 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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2answers
150 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 ...
2
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2answers
67 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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0answers
25 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 ...
1
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1answer
67 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) ...
0
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0answers
33 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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1answer
56 views
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 ...
1
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1answer
123 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 ...
0
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1answer
37 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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0answers
32 views
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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2answers
1k 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
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2answers
239 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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1answer
75 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 ...
2
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3answers
160 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 ...
-1
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1answer
178 views
Motion or Demand for Discovery (NY) (Family Law) [closed]
Note: I am a truther-activist and a great father, I just owe the government a few thousand dollars. I am respectfully seeking your knowledge.
Scenario: My legal fiction is being summoned; first ...
3
votes
3answers
1k 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 ...
2
votes
1answer
139 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 ...
7
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1answer
2k views
What would happen if my girlfriend got pregnant?
What would happen if my girlfriend got pregnant and gave birth to our child? Who would get custody of our child? How much child support would I have to pay? Would either of us have to drop out of ...
7
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2answers
1k 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 ...
0
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1answer
84 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 ...
