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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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1answer
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
4k views

Does a Certificate of Service need to be completed before filing a motion with the court

If I'm filing a motion which includes a page called "Certificate of Service", do I need to complete that page and have it notarized before going to court? I ask because it doesn't seem like there ...
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1answer
63 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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2answers
379 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 ...
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1answer
36 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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2answers
109 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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3answers
308 views

What type of lawyer do i need for suing the state?

So, let me get specific so I can get a more accurate answer. My fiance's daughter had been in the custody of the State of Oregon for about 10 years. Yes, a ten year open case. She was taken from her ...
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0answers
55 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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1answer
95 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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1answer
59 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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2answers
233 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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1answer
333 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 ...
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50 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. ...
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3answers
5k views

In a marriage, can one spouse just run away and declare this a “separation”?

My friend’s father ran away from his wife after 30 years of marriage. He left her with all of the debts to pay and no income to support. He then hired a lawyer sending her a wish to negotiate a ...
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1answer
2k views

Is there a better state for men divorce?

I am currently overseas and will be returning to the state of my choosing soon. I need to get a divorce and don't want to land in a man hating state. I have 3 kids and have been married for 9 years. ...
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3answers
286 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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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.
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2answers
196 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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2answers
139 views

What methods do lawyers use to find hidden property and assets during divorce

When divorce attorneys are helping clients, what methods do they have at their disposal to find assets and property that has been hidden by their opponents clients? Is there a proper phase for this ...
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2answers
220 views

Can a person sign away alimony after marriage

Hypothetical question: Mary and Sam have been married for 20 years. During the marriage both persons commit adultery and reconcile at different stages of the marriage. Let's also say there is still ...
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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 ...
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1answer
157 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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3answers
96 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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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 ...
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1answer
232 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
102 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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0answers
124 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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1answer
99 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 ...
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1answer
255 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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1answer
157 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 ...
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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
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1answer
568 views

What is the Mississippi Law and Federal Law against incest?

What is incest legally and what punishment applies?
4
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1answer
108 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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1answer
76 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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1answer
206 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 ...
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1answer
151 views

How do I reinstate a “lost” birth certificate?

I am attempting to prove my lineage, and need my grandfather's birth certificate. He was born in Bronx, NY, in 1914. My parents did a search for this document in 1997, and got a response that the ...
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1answer
74 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
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1answer
85 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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3answers
3k views

Can whatsapp messages be an evidence?

Please first read this question She sent me messages over whatsapp, Is those messages are valid in Indian and Canadian courts?
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1answer
130 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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1answer
366 views

How to calculate Alimony and Child Support in Massachusetts?

For a couple residing in Massachusetts, the Man makes $100,000 /yr before taxes. The wife in last 13 years had mostly stayed at home, or brought in a very small fraction of the family income from non-...
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1answer
125 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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1answer
41 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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2answers
204 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 ...
5
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1answer
186 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 ...
0
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1answer
82 views

How do you fill out a motion to modify without the other party's income amounts?

It is really that simple. My state requires certain paperwork for a motion to modify custody (which will modify support), including income and expense statements for both parties. When you don't ...
2
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1answer
955 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)...
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1answer
130 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 "...
3
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3answers
201 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
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1answer
152 views

Do non-citizens in France need a notary or lawyer to draft a will?

I am looking legal information that applies to "Next of Kin" and wills in France: My clients are an unmarried couple who are living in France; they are not French citizens. They have a current issue ...