25
Married (or married at the time of birth) fathers have equal rights to custody as mothers in AZ. There are no (active) laws establishing that a mother is to be given more rights to a child in a custody arrangement than a father. This is a little different for unmarried fathers because paternity is not assumed, it must be established. Married fathers are ...
12
The right of the father is basically to have parental decision making and parenting time adjudicated in the form of a custody order and child support order the context of a judicial proceeding, and to have the orders entered in the judicial proceeding, typically, in the case of a married couple in the form of a legal separation or divorce proceeding.
Both ...
10
First, there is no prohibition against a Jewish man marrying an Eastern European woman in Israel. If they are both Jewish, the marriage can be performed in Israel. If they are not the same religion, then if they get married in Israel, the government will not recognize the marriage. However, Israel recognizes inter-faith marriages performed outside Israel. ...
8
A spouse in Toronto, Canada can seek a divorce at any time by filing a petition in the appropriate court in Ontario Province, although it is only granted after the parties have been separated for at least one year (or sooner if adultery or domestic violence are present). A divorce court can order temporary support during the pendency of the case.
The ...
8
Under 28 Pa. Code 1.6,
The child of an unmarried woman may be registered with any surname
requested by the mother. If no other surname is so requested, the
child shall be registered with the mother’s surname
Registration is the point at which there is parental discretion. Subsequently, a name change is possible by court order, however as maintained ...
7
Before you go changing locks, you might want to hire an attorney. There is law in Ohio that governs "such" relationship, which are typically landlord-tenant relationships, but might not be strictly construed the way you'd prefer. In a classic landlord-tenant relationship, it is illegal to change locks on a tenant, and if you want a tenant booted out, you ...
7
The following answers are based upon general U.S. law, I have not personally confirmed that they apply in Illinois in particular under its adoption law, or each of its welfare benefits programs, or its wrongful death statute.
There is no affirmative duty of a mother to inform a father or potential father of the existence of his child, at least outside (1) ...
7
General Considerations
While I am not convinced that this question isn't proper for this site, I don't think that, for the most part, it has a clear and simple answer.
Also, strictly speaking there is no such thing as a "man-hating state" because de jure distinctions based upon gender in divorce law are constitutionally forbidden. But, that doesn't ...
7
Are there actual laws written, or de facto situations (e.g. let's say
another law specifies that a child can't be physically forced to go
anywhere without causing abuse) where the child can refuse to attend?
Are there "tiers" to the age; Is it true that a temper tantrum of a 5
year old would be seen as such, but the refusal of a 17 year would be
...
7
Contempt
This is not contempt of court, which happens only in the physical presence of a judge, or in relation to a court order known by the person to be held in contempt to exist and related to that person in some way.
Potential Criminal Liability
Criminal liability is an offense which can only be brought by the prosecutor's office in Arizona, for which ...
6
You seem to have put a lot of thought into this - which is good. However, the short answer is: There is no legal solution.
To address your points:
And legally, my future wife has the right to divorce me even if I did
nothing wrong (no-fault).
Yes (at least in most jurisdictions).
And then, according to the US Census Bureau [1], mothers usually get
...
6
This depends on your state, but most likely they would stay the father.
Many states abide by the Uniform Parentage Act, and part of that act states that if a man has been acting in the role of Father for a long enough period (I think 18 months, but not certain) then he is considered the legal father regardless of parentage. Similarly many states say if he ...
6
According to http://info.legalzoom.com/divorce-am-responsible-kids-not-mine-20971.html
Your stepchildren -- the biological kids, adopted children and stepchildren that your spouse acquired in another marriage or relationship before marrying you -- are usually not legally entitled to support from you after you divorce your spouse. However, if you signed a ...
6
To paraphrase the Princess Bride: "I don't think those words mean what you think they do".
The "truther-activist", "sovereign citizen", and "Citizen vs. Human Being" concepts will only hurt you. It has never succeeded, to my knowledge; It has failed multiple times.
Let me tell you a little about myself to illustrate what I mean: I am a software developer (...
6
This is indeed an area of law where the answer does depend on the jurisdiction. As a 2015 article on the subject noted (and I am loathe to refer to less current sources as this is a rapidly changing area):
The United States has no national laws or regulations governing
assisted reproduction. However, many states have piecemeal
legislation. Some ...
6
Short Answer
Can a woman deny her husband or a stranger paternity test? Can a woman
deny her husband a paternity test if he thinks she cheated on her?
In California, up to the child attaining the age of two, the husband may seek a paternity test and take legal action to disavow paternity of a child of his wife who is not his biological child (although it ...
5
The Protection from Eviction Act 1977 defines an excluded tenancy as, amongst other things, a tenancy that is granted for other than money or money's worth ((7)(a)).
This means that someone who shares accommodation with the landlord does not have the protection from eviction that an ordinary tenant would have, as per Part 5.
You should seek advice from a ...
5
Child custody (and alimony) are determined by state courts, so the exact details are state-dependent.
There is no legal basis for a person preventing thrie former spouse from moving (assuming the host country doesn't deny a visa), but the courts would be involved in determining whether the child can be taken along: parent A cannot legally just pack up the ...
5
If it looks like a gift and sounds like a gift and there is no evidence that it should not be considered a gift, well, what else could it be?
Given the value of a house and depending on jurisdiction, there may be a gift tax involved. This is normally an obligation placed on the giver, not the receiver. It is unlikely to be a concern to you but a separate ...
5
It depends.
An agreement of the type you describe is called a post-nuptial agreement or marital agreement.
These agreements are not prohibited, but are subject to heightened scrutiny. In determining if it is valid, courts consider financial disclosure, an opportunity to consult a lawyer, and a voluntary non-coerced agreement in writing, as well as a ...
5
New Jersey has jurisdiction under N.J.S.A. 2A:34-10 provided that
at the time the cause of action arose, either party was a bona fide
resident of this State, and has continued so to be down to the time of
the commencement of the action; except that no action for absolute
divorce or dissolution of a civil union shall be commenced for any
cause ...
5
if the child exchange time and locations are fixed, and the husband
can no longer legally drive, does this effectively nullify his
visitation rights?
No. He can get a ride from someone or get an Uber or Lyft or Taxi or take a bus.
The drop off location is near her house, not his, and even if public
transportation were an option he would not be the ...
5
The title asks about double jeopardy, but the the body seems to be asking about statute of limitations, which is a separate issue.
If an argument regarding timeliness is made by John, it likely will not be based on a statute of limitations. If Jane is asking for a restraining order, she will have to show a high likelihood of harm. If further actions have ...
5
I exclude Shari`a law because I don't know, but generally there would be no legal recourse that depends on the lie. A marriage is not legally viewed as a contract with enforceable obligations, so a woman could not be forced to bear a child against her will if she had earlier promised to do so, and she could not be penalized in any way. The man still has the ...
5
I'm not sure if the information is accurate, but according to the
above text, when a wife cheats, it is marriage not biology that
decides the paternity of the child. I got some questions:
If my wife cheats on me, I would still be the legal parent of the
child. If I don't want this paternity, is there a legal process to
disavow it?
In most ...
5
Admissibility is one thing, enforcement is another.
My observations, which are more detailed than casual, is that Family Courts are a different breed, and more than most any other court, "they do what they want."
I have associates who had agreed to stipulations, detailing how a child might be handled, only to have a family court decide at some point to ...
5
Are you in the United States? If so, you're an adult and therefore legally free to move out of your parents' home and to enter into contracts. As a legal matter, you don't really need to do much at all beyond turn 18 to be permitted to sign a lease.
There are of course all manner of practical impediments to finding a place to live (perhaps you have ...
4
The husband of the mother of a child is presumed to be that child's parent until that presumption is disestablished. In New York State, when a child is born to a married mother, a court may decline to consider DNA evidence when it is not in the best interests of the child to do so. In substance (although not exactly from a legal perspective), a failure to ...
4
If you show that you received a message through WhatsApp that looks like it was sent by some person, then this is to some degree evidence that the person sent that message. Obviously they can claim that someone used their phone, or that someone forged the message and so on.
The contents of the message may be hearsay. Just because someone sends a message ...
4
This question makes me sad.
I think the answer will likely not be a legal one but, rather, an emotional one.
Courts have many reasons to be reluctant to impose a duty of visitation upon a recalcitrant parent; so courts typically will not.
I think the best course of action is for mom (or maybe a helpful third party, but coming from mom first would be best) ...
Only top voted, non community-wiki answers of a minimum length are eligible
