Collaborative Family Law Legal Questions

I don't have enough information to answer your question.    Why is your daughter currently living with your sister?  Is there a custody order in place?  Are there any Family Court or Supreme Court orders impacting custody? What is the bad situation that you are referring to?  ... Read Answer

If the court awards you attorney’s fees in your enforcement case, that award generally covers the actual fees and expenses your attorney earned, not any unused portion of your retainer. A retainer is money you’ve already paid in advance for future work — and any part your attorney doesn’t use must be refunded directly to you once your case is finished. So, if your lawyer bills less than the retainer amount, you’ll get that unused balance back from your attorney. The court’s reimbursement order would apply to what you actually paid or owe for completed legal services, not funds still sitting in trust. When your case concludes, ask your lawyer for a final billing statement showing what was earned, what’s left of the retainer, and whether any court-awarded fees have been applied. That ensures you’re properly reimbursed and the accounting is transparent under Texas law.... Read Answer

If your husband is still claiming VA spousal benefits while you’re separated, you’re not automatically entitled to payments directly from the VA. The VA sends all benefits to the veteran, and it’s up to him to report marital or household changes. However, if you’re legally separated or an annulment is pending and he hasn’t updated the VA, he could be overpaid for spousal benefits, and the VA may later require repayment. You can contact the VA Regional Office and file a VA Form 21-0788 (Information Regarding Apportionment of Beneficiary’s Award) to request a portion of his benefits if you’re separated and need financial support. The VA reviews these requests case by case, considering need and fairness. Keep copies of the annulment paperwork and proof of separation. If he refuses to cooperate, you can also contact the VA Office of Inspector General to report false dependency information. A veterans’ benefits attorney or accredited VA claims agent can help you file the apportionment request and communicate with the VA to make sure your rights are protected.      ... Read Answer

The father should file a petition in family court for visitation.  It is almost always in the best interest of the child for the father to have regular and meaningful contact with the child and the courts will typically bend over backwards to make certain that there is reasonable parenting time to the non-custodial parent based on the circumstances.... Read Answer

In California, the rights of unmarried couples living together (cohabitation) are different from those of married couples.  Since your mom wasn't married to her boyfriend, she doesn't have automatic rights to the house, even though she lived there for 15 years.  However, there are some legal considerations that might come into play, such as cohabitation agreements or implied contracts. If there was a verbal or written agreement about property sharing, it might be enforceable.  It's best to consult with a family law attorney who can provide specific advice based on the details of the situation.... Read Answer

If your girlfriend has an Irish passport, then she does not need a visa to enter the United States. All she needs is an unexpired passport and ESTA, which is a visa waiver. After she leaves back to her home, and you are ready to get married, then you can either apply for a fiancé visa or a spousal visa. , Consuder working with an immigration attorney. Some of us charge a very affordable flat fee  with no hidden costs for representation to completion. I handle cases in all 50 states and world wide. ... Read Answer

Typically a summns laerts you to the fact that you are being sued. When and how you receive the summons are important because if you fail to properly respond in time, you can essentially lose the case withot having an opportnity to respond. You should reach out to a lawyer, or two, to discuss the paperwork that you received. From your brief question it sounds like you may have been sued for divorce.... Read Answer

There is a presumption that The husband of a woman who gives birth to a child during that marriage is the legally presumed father. You would need to file a paternity action in court and request child custody or visitation rights in the county where the mother and child reside. Once the action is filed and served on the mother, the judge will order all three of you to undergo DNA testing. If the results of the test determine that you are the biological father, you will be awarded custody or visitation. ... Read Answer

You could file a child support case against him, and when the hearing judge is requested by your ex to do a paternity exam, all of you will have to take a DNA test. Once it is determined that he is not the father of the child, your child support request will be denied. He would probably make a motion to amend the birth certificate to remove his name from it based on the paternity test. ... Read Answer

In most cases, both parents need to be present or provide written consent to get a passport for a minor child. Options Without Ex's Consent: Sole Custody: If you have a court order granting you sole legal custody, you might not need your ex's consent. DS-3053 Form: If you don't have sole custody, you can try obtaining a signed form DS-3053 from your ex. This form expresses their consent for the passport issuance. A notary public needs to witness the signing. Court Order: If your ex refuses to cooperate, you may need to petition the court for an order authorizing the passport issuance without their consent. Consulting a lawyer specializing in family law is recommended for this route. It is advisable to reach out for a Premium Consultation with an attorney where you can get specific legal advise to go over the best strategy for your situation.... Read Answer

You will need to retain a lawyer ASAP before you do anything further. Unless you have some legal obligation to shelter this child you are putting yourself in a dangerous position, starting with allegations of sexual misconduct or other issues that may be alleged later, if a manipulative or mentally unstable child or the parent opts to attack you.  Any question GOOGLE Michael Oher. That you have a wife and 2 sons is of zero consequence. You are probably better off getting child protective services involved before you interven in someone else's family business based on the accusations of a child. "Emotional abuse" is highly subjective and for some children is being told NO to anything they want to do as teenagers. ... Read Answer