Family Legal Questions

Dear Anonymous:       The law does not allow you to "give up" your parental rights unless there is someone else to step into your shoes.  If the Mother remarries  or has a significant other and that individual wishes to adopt your child, then you can relinquish your rights.      If you are not seeing the child because the mother is prohibiting same, then you should try to assert your rights for timesharing.  You do have  rights as a father. Best of luck, Cindy S. Vova Family Law Offices of Cindy S. Vova,  P.A. Broward/Boca Raton 954-316-3496/561-962-2785    ... Read Answer

Short answer: "maybe."  Much depends on exactly what your divorce decree says, but Nevada law has held since 1989 that the spouse is entitled to payments upon the worker's ELIGIBILITY for retirement.  See the article titled Retirement Plan Division: What Every Nevada Divorce Lawyer Needs to Know (CLE, Ely, Mar., 2013) posted here, and especially its discussion of Gemma and Fondi.  This firm, and our QDRO Masters division, are experts on this subject, so if you have any further questions after referring to those materials, find a copy of your underlying divorce decree and call; we should be able to answer all your questions.... Read Answer

"Affordable" is a bad way to pick a lawyer for this type of issue. The  real issue is what will be the consequence to you and to your future, if a final domestic violence restraining order is entered against you. If you and she have a child together, the entry of a final doemstic violence restraining order gives your girlfriend specific legal rights as to custody of your child and the entry of a final order may impact your employment opportunities in the future as well. I would interview several family law specialists ( not general practitioners who handle family law matters) and ask them 1st how many domestic violence trials they have handled in the past 1 year, 3 years and 5 years so that you know that if the matter must be tried, you have a lawyer with experience trying this type of case. 2ndly, I would want a lawyer who knows the law governing domestic violence and whether it is the type of claim ( i.e harassment, physical violence, stalking) aad whether a civil rrstraining order can be entered into with the other side to avoid a formal final order or if its the type of allegation that you have a legitmate basis to fight in a trial setting. Simply because she has filed a domestic violence complaint against you ddes not mean that you do not have the right to fight it as well and an experienced family law attorney can discuss with you whether he thinks that you have a legitmate basis to challenge it  (ie under the 2nd prong of the Silver test, whether the court can find that you are not a continued threat to her and dismiss the restraining order - even if the allegations against you are true).  ... Read Answer

Im sorry that things have happened in your life that you feel the need at age 16 to seek a determination of emancipation. Emancipation is more than simply you having a job and wanting independence. I dont know what is taking place in your life and whether your settingnecessitates a formal declaration of independence, but the concept of emancipation is that you are no longer within the sphere of influence of your parents or legal guardian.  It means that your parents or guardian no longer have the ability to control or influence you and your decisions, which include where you live, work, etc. Parents and guardians have a legal obligation to provide support for children unitl age 18; at which point, you / they have the right to view the setting differently and there is a presumption of emancipation. Before pressing for a legal determination of emancipation, I would try counseling with or without your parents or guardian to help you understand why you want this determination now verus waiting 2 years for it to occur naturally ( if you go to college, legally, parents may still be obligated to assist you financially ).  If you truly wish to pursue this course of action, I would contact the family law clinic for either Seton Hall School of Law or Rutugers family Law Legal Clinic to schedule a meeting with a professor and student to discuss the filing of an application to the court and what is invovled with it and the consequences  of your actions if successful. ... Read Answer

Thank you for your question. I'm sorry you are having problems with your father. However, I believe it would be more prudent for you to consult with a "wills and estates" attorney as opposed to a “family Law” attorney. As, unfortunately, your mother passed away, and as there was/is no divorce pending, the Probate Court, as opposed to Family Court, will take charge of the matter. As such, and as stated above, a wills and estates lawyer is far more qualified than a family Law attorney to answer your question. I hope everything works out okay.... Read Answer

The precise situation is not completelyclear, but if the problem is confined to transportation issues, the obvious solution would appear to be to alter the pick up and drop off orders so that, for example, instead of the receiving parent picking up, the other parent drops off.  If the problems extend beyond that, you might want to consult a family law specialist about a more extensive resolution.... Read Answer

Thank you for your question.  I’m so sorry to hear that you are going through this.  It must be incredibly stressful for you.  You have the opportunity to explore retaining private counsel to represent you at any time you wish.  The Court does not frequently deny a change in representation, but that is very much dependent upon the status of your matter.  It is unclear from your inquiry where you are in the process or what your involvement with the Division is, and the answers to those questions are crucial to allow us to help you understand your rights and options.  I encourage you to contact an attorney to schedule a consultation where the specific details of your matter can be explored and the attorney can guide you accordingly.... Read Answer

Dear Anonymous:       It appears from your inquiry that you have never had paternity established by a court.  Having you name on the birth certificate is not sufficient.  As such, since no paternity is established you cannot leave the state with your children.  The first thing you need to do is file an action to establish paternity.  In that petition you can ask to relocate, but it is a statute driven process.   You can research this process but this is truly an area where an attorney's assistance is warranted.      Until you establish your paternity, the children's mother can up and go wherever she wants with your children, and you will have nothing to say about it.      So, glad you asked your question.  You have work to do to ensure that your rights as a parent are legally established.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785 Broward/Boca Raton     ... Read Answer

In general, if you are not served then the court cannot proceed. But, how do you know there is a date set? You need to get with an aggressive family law attorney who has experience with custody and difficult cases. I know what these cases are like, having handled a number. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office. David R. Hartwig 801-486-1715... Read Answer

Thank you will have better success if you will re-post this question under criminal law, but since nobody has answered I will tell you what I think. Again, I suggest you verify this with a criminal attorney who practices in your county. I think once a warrant is issued, she is going to have to surrender herself on the warrant. If you time it right, say first thing in the morning, you should be able to get in front of a judge to confirm the fine is paid and deal with that bench warrant without the individual having to spend the night in jail, but I don't think you're going to be able to avoid an arrest and booking at this point. Judges don't play with people not coming to court. I think they will put her in jail just for a minute... Read Answer

I am sorry for your loss.  Unfortunately, in the absence of a will or some other indication of what was left for you and your family to divide, it is difficult, if not impossible, to answer your question.  For example, what did your grandmother own?  Did she own real estate? If so, where? Did she own stocks, bonds, bank accounts, cars, jewels, etc.,  If so, what if any knowledge do you have as to the location of the financial institutions that maintained her accounts?  How were the accounts titled at death? Were they jointly titled with any other person?  If so, was there a right of survivorships? The list of questions goes on and so forth, as to what she could have owned but there is no way of knowing for sure.  If your grandmother's property was jointly titled with her and other family members,  this creates other issues, which cannot be addressed in this forum.  I recommend that you contact a probate lawyer in your area to see if you can obtain more direction and guidance.  Best of luck~... Read Answer

The obviuos thing to do would be to file a motion with the family court for clarification.  Or you could seek to mediate the issue through the Family Mediation Center.  Before doing either, the local rules require you to make some effort to resolve the dispute, so you should probably write a letter or email, in calm, neutral language, suggesting what you think is an appropriate solution and requesting a response.  A refusal on the other side to resolve it permits you to seek attorneys fees, if you have to hire a lawyer to pursue the matter.... Read Answer

If you leave money to someone in your will (or otherwise gift it to him), it is his separate property and his wife has no claim to it provided he keeps that money separate from community funds (i.e., in a bank account in his name and which contains only that money).  Keep in mind that interest earned on seoarate property belongs to the community estate.  The rules can get complicated.   If the amount is significant, you (or he) would be well advised to seek out legal advice.... Read Answer

Property acquired during a marriage is marital property. Title does not matter. Those cars are joint legal property. The police won't arrest you, and if they do, your lawsuit against them will be a good one. Take whatever car you need to work, or wherever else. The same goes for any other property, money, etc.   If he threatens you with police, tell him to ask the officer/deputy to call you. Explain you are married, and the car was purchased during the marraige, and that's about the end of it. ... Read Answer

Lawyers.com offers general information and not legal advice.  It is not possible to fully address your concern with more details.  However, as a general rule, if there is an agreement--, in the absence of a court order incorporating the agreement into the order--- the agreement is enforceable as a contract.  The benefit of having a court order is that you have greater protections in the event there is a breach in the agreement.  If you have a signed agreement, I suggest that you take steps to reduce it to a court order, so you can fully protect your interest and that of your child. If you were never married, you will need to open a file with your local Juvenile & Domestic Relations Court.  If you were married, you may have the option of going through the Circuit Court.  Moreover, to avoid problems with future payments, I suggest that you contact the Division of Child Support Enforcement ("DCSE") in your area to discuss having (DCSE) collect your payments and disburse them to you each month.  Best of luck~... Read Answer

If you are able to serve him in New Hampshire then you may file for divorce now.  If you cannot serve him in NH then you must wait until he moves to NH or wait one year if he does not move to NH.  If you want to move back to Indiana then you may not want to file in NH.  You should discuss with a lawyer.  Best wishes.... Read Answer