Questions tagged [family-law]

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

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3answers
302 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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1answer
169 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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137 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
217 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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1answer
219 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
137 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
110 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
64 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
66 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
88 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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260 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
105 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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1answer
150 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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92 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
93 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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1answer
244 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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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
91 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
137 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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2answers
115 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
237 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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1answer
60 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
108 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
58 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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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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2answers
270 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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1answer
53 views

For California divorce default what should the declaration about cohabitation state?

California family law. Request to enter default is rejected, with the statement of If both parties are still residing in the same residence then each party must submit a declaration penalty of ...
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1answer
150 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
8k 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 ...
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2answers
63 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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28 views

Document stating a person's ability to be an adoptive parent in Ireland

the opinion of a competent authority of the State of nationality of your husband, on his living conditions and his ability to be an adoptive parent; the permission of a competent authority of the ...
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4answers
678 views

Do men lose custody of children if they are found to not be the biological father?

My nephew is 2 years old, and my brother just found out the mother has been cheating for at least two years. He wants a paternity test, but is scared he will not be the father. He is a fantastic ...
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1answer
34 views

Finding text of legislation in India

Where can I find the text of the Indian Domestic Violence Act of 2005?
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2answers
66 views

Where to find court rulings related to spousal alimony?

I've been to CAB - https://www.citizensadvice.org.uk/ I've been to a lawyer (initial consultation) some time ago I've been to a meetup - https://fnf.org.uk/ I've read the book - https://www.amazon.co....
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1answer
1k views

What legal responsibility does a mother have to the father of her child?

Inspired by (and therefore using the same tags as) Does the father have the rights to keep the baby that the mother wants adopted? In particular, is a mother required to inform the biological father ...
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2answers
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Does the father have the rights to keep the baby that the mother wants adopted?

So, I was watching an "E.R." episode, and they had this bit of dialog between a doctor who's pregnant and trying to have the child adopted when born; and adoption agency person (being "ER", the ...
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2answers
243 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
113 views

Are there things that postnuptial agreement cannot have that prenuptial can?

My understanding is that the general purpose of both post- and pre- nuptial agreements is the same, and the main difference is that the timing of when they are signed. But are there legal differences ...
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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
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
437 views

Difference between “hereby moves” and “following relief” for change of venue motion

My sister need to file a motion for a change in venue (in North Carolina) to move a court case from a county she previously resided in to the county where she currently resides. But we're a bit ...
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1answer
274 views

U.S. - “tough love” eviction of child (non-minor, not paying rent)

I have a 22-year-old son living at home. My wife and I presented him with a contract to sign; the contract communicated – and we also communicated this verbally – that his continued ...
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2answers
88 views

Can a solicitor challenge a binding financial agreement they don't agree with?

My ex and I separated last year, with everything between us being very amicable. I have always been the higher earner. We both have recently agreed that I would buy out my ex's share of the family ...
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2answers
76 views

Mother living with felonious ex-convicts; precedent for removal of children

A mother decides to move into a house owned and occupied by people with a criminal background including felony convictions for drugs and violent crimes. What precedent is there in law to have the ...
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1answer
88 views

Financial dependency while over age of majority

If someone's father is not giving money to his child (21 years), can that child put a case on his father of not getting money for him as he is totally dependent on his father as that child is a ...
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0answers
130 views

Ways to speed up a divorce?

Situation: One spouse is interested in getting the divorce over with quickly, and the other spouse is interested in going very slowly. The interest in going slowly is because the status quo is much ...
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2answers
380 views

Divorce case with split custody: Age of child when he/she can be moved out of of state without consent of other parent

This question is about the case of relocating from one U.S. state (Georgia) to another (Florida) for employment reasons in a situation where The person relocating is a divorcee (a single parent mom). ...
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0answers
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Child custody jurisdiction

Facts Two parents have in force a child custody agreement (a/k/a Parenting Plan, PP) in U.S. state X. The PP stipulates shared residential time with their minor child between the parents per a ...