Questions tagged [family-law]

Law regarding domestic matters, such as the relationship of spouses, or between parents and children.

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1answer
91 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
133 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
464 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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137 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
42 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
225 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 ...
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1answer
235 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 ...
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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 ...
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1answer
2k 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
138 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 "...
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3answers
208 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 ...
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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 ...
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1answer
164 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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1answer
65 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, ...
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1answer
100 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....
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1answer
454 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 ...
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1answer
156 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 ...
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1answer
294 views

Ex wife moving out the country with my daughters

My ex-wife is planning to move out of the country (to France) next year with my daughters (12 and 10 years old respectively). We have shared custody. I pay alimony (been paying for 7 years, 3 more to ...
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1answer
156 views

Paying Kindergarten for the kid of my wife

Currently living in Germany (Baden Württemberg) and married to a German girl having a kid. Before, my wife was not working, so the country was paying the kindergarten for her kid, but now as married, ...
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1answer
600 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 ...
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1answer
200 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 ...
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2answers
983 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 ...
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1answer
659 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 ...
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2answers
49 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 ...
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1answer
2k 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 ...
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1answer
195 views

Can males be held liable for child support for wife's child?

Lets say a single male living in California were to get married to a woman who has an existing one year old child from her previous marriage. If in the future they were to get divorced, how much of a ...
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1answer
114 views

Illegal to leave child younger than 14 alone in Illinois?

I saw in an article a list that implied that in Illinois it is illegal for parents to leave any of their children unsupervised at any time by an adult if the child is under 14 years of age. Is this ...
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1answer
281 views

What happens if I don't show up to the Court (DRA, Family Court, UK)?

The matter is listed for an adjourned DRA on _____ _____ 2018 10AM. The parties to attend at 9AM. DRA = Dispute Resolution Appointment I want to know what would happen if I don't show up for the ...
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1answer
151 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 ...
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0answers
145 views

How can I legally petition for a home that has been in the family for generations but the deed has another name on it

There is a house in my family that has been lived in for almost 70 years. Originally the family member that purchased the house used a family friend to procure the mortgage (she did not know better as ...
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1answer
68 views

Is an adult child representing one of their parents in a divorce case a conflict of interest?

I couldn’t find the answer to this question anywhere, so I thought the experts here will be able to address this. In a divorce/family law case, can a son who is a lawyer defend one parent against ...
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1answer
72 views

How is child custody/visitation determined when there is no marriage?

A man and woman have a child in Pennsylvania. They are not married. Before the child is born, they end their relationship. Each parent finds another partner and they live separately. What are the ...
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0answers
91 views

Can I pay an ex-relative not to use my family name and make it stick

I would prefer that my ex-daughter-in-law not use my family name as hers. The divorce decree says she may do so. She is motivated by money, so may be interested in changing her last name for a price....
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4answers
279 views

My parents purchased a condo under my name, can they legally take the condo back?

I live in Ontario, Canada. Due to conflict with my parents, they are claiming that by law they can force me to give back the condo to them (or repay them the amount of the purchase) since they paid ...
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1answer
107 views

Connecticut, USA: Spousal right to use vehicle purchased before marriage?

Hypothetical situation in CT, USA: Before A and B are Married... A owns 2 vehicles. B owns 0 vehicles. During marriage... A is the sole source of income. B did not have a job when they met, and ...
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0answers
93 views

What is the correct way of communicating with the Family Court in the UK? [closed]

I have ongoing proceedings at https://courttribunalfinder.service.gov.uk/courts/croydon-magistrates-court-and-family-court I had a hearing on 20th Nov 2017. Next hearing is scheduled for February. I'...
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1answer
96 views

Do I inherit some portion of property if there's no will?

My mother passed away without a will a month ago. She owned a house with my stepdad in Albany, NY. He still lives there. I live in FL. What portion of the estate value do I get as a result?
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2answers
393 views

Is it likely to win back child support from biological father of a child whose conception was result of extramarital affair?

Situation: A wife of a married couple had extramarital affair As a result, she conceived a child by the male she had affair with The fact that the biological father isn't the husband isn't known to ...
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2answers
130 views

Can residential/custodial parent change our kids health insurance unilaterally?

We have a parenting plan that designates all health decisions as "jointly made." The other parent previously had our child on their employer insurance plan. They just changed jobs and hence insurance ...
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2answers
65 views

Parenting plan by youngest or oldest

In modification agreements, do the courts go by the youngest or oldest childs age when deciding parenting plans. The age desparity is by 4 years difference being 2/6.
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1answer
94 views

To what extent can a trust be used to safeguard your assets against alimony

So in my reading I've come across a case (Prest v Petrodel) where a man wholly owned several companies, and purchased property in their name, but basically treated it as his property. Anyway, it ...
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2answers
262 views

When is imputed income not reasonable?

Mary and Joe had a child. Mary owns a fast food franchise. Joe works as a service manager. Mary has residential custody of the child (New York). Joe sought to have child support reduced, arguing that ...
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2answers
146 views

Can behaviour of a witness in a witness box affect the outcome of the proceedings?

I'm getting myself ready for the court hearing and I need to verify factual accuracy of the following statements. The Judge takes account not just of what is said, but also of how it is said, of ...
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1answer
63 views

How is parental authority, as opposed to physical custody or visitation, enforced under the Hague Convention (28)?

Under the Hague Convention (28), can parents request assistance securing Rights of Custody under Article 21's provision for assistance securing Rights of Access? It seems "non-sequitor" that parents ...
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1answer
116 views

Do I still have full custody of my child?

Before my girlfriend and I were married we had a child and then separated 1.5 years later due to reasons that are irrelevant to the question. We went to court and I was granted full custody of our ...
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1answer
62 views

Child Custody : Cases supporting Father as primary care giver or shared care and control

Does anyone have Court of Appeal cases where by custody is awarded to the father or shared custody is awarded? Basically Father proposed a shared care and control parenting arrangement but mother is ...
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1answer
26 views

What does “as of” date include?

Child support is deducted from my pay. I have a court order in which the judge writes "There shall be no further amount of retroactive child support or ongoing child support as of July 31, 2016 ...
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2answers
393 views

Married to someone who's not american for 7 years without registration. Will I get charged of bigamy if I married somebody else later?

I am a u.s citizen. I got married(We had a wedding with witness) and lived with my ex-wife who's non-u.s citizen for 7 years without registering our marriage in any country. We've never lived in the U....
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3answers
14k views

What are the laws regarding eviction of adult children from residence in the UK?

What is the process in the UK for parents to evict an adult child that is living at home with them if he refuses to leave willingly?