Family Legal Questions

Thank you for your question I am sorry you are having this ongoing difficulty with your ex-husband.  Fortunately, your situation can be remedied. If the court has ordered your husband to pay $600 per month until the loan modification is complete, which loan modification is still incomplete, that money is due and owing. You need to have your attorney file a two-prong motion with the court: A Motion to Enforce to compel the refinancing joined with a Motion for Contempt directed to the unpaid alimony, assuming he still has the present ability to pay it. Set it for an evidentiary hearing. Your lawyer may want to depose your ex in advance of the hearing to see what excuse he will offer the court and prepare to counter it. You should also ask for your attorney’s fees and costs to be reimbursed to you as you are enforcing the court’s existing order.   Good luck!  ... Read Answer

Thank you for your question. By ‘legitimize’ I assume you mean ‘how do you establish your paternity of your daughter’. Perhaps this is for immigration purposes to permit your daughter to immigrate to the US or to have a US passport. I am also assuming your daughter was born out of wedlock and that your paternity of your daughter has not been previously established.  You can file a petition to establish paternity for your daughter in Florida where you reside. If the mother and daughter agree, you can file it as an uncontested petition with everyone co-signing the petition itself. Then, once filed you can set the case for an uncontested final hearing. As she is an adult (and assuming she is not mentally disabled or otherwise not emancipated), your daughter  can join the petition. This should not be difficult.  Of course, if she is married her husband should be made aware of your action.    Good luck.... Read Answer

Thank you for your question.  You didn’t provide any information as to why your nephew wants to emancipate and that may be important. (Ex.: Does he want to marry, joint the military, sign contracts, etc.?)  However, I will help you as much as I can. To begin, moving in with his grandmother has no bearing on his becoming emancipated. There is no ‘plan’ when one is emancipated - an emancipated person is free to live wherever he or she is welcome as would be true for any other legal adult. Once emancipated, he is legally caabe of signing a lease to rent his living quarters. However, be careful in the use of the word ‘dependent’. If you are asking if the grandmother can declare your nephew as a dependent for tax deduction purposes, she will need to consult with her tax professional. The Internal Revenue Code has very stringent rules as to who can declare someone as a ‘dependent’ for tax purposes. Finally, regarding his driver license he is still subject to the Florida driver license law. If he only has a learner’s permit, he will still to have another adult accompany him per the existing law regardless of his emancipation. Once he has his full driver license, he should be OK. I hope this helps, and best wishes to your nephew... Read Answer

If there has been a request to modify child support filed with the court and you have been served with the petition, then you are obligated under Rule 12.285 to provide certain financial documents.  I would suggest consulting with an attorney to determine the potential financial obligation as it souds as if your financial situation has changed enough that there is a belief that you can contribute to your son's support. ... Read Answer

The house is legally his since you are not on the deed, however, from what you have described, it appears you may have a financial interest in the home, and might be awarded a portion of the equity in a divorce.  If you are unable to support yourself financially if you move out, and you file for a divorce,  you would be able to ask the court for spousal support.  Please discuss the particulars of your situation with an attorney for more detailed advice.... Read Answer

Yes and no. You will not be able to do so at birth. As a married woman, your child is legally a child of the marriage. As part of a divorce you can provide proof (dna) that husband is not the father, and the Divorce court can order that child not to be of the marriage Then you can ask the juvenile court for a parentage order showing bio dad as father. When you have ... Read Answer

If you and the children have lived in Texas for a period in excess of 6 months, this may raise questions under the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act) and you may have to initiate the case in Texas. :((((  Your question cannot be answered in this forum. Lawyers.com offers general information and not legal advice.  I suggest that you contact a family lawyer in Texas to discuss this matter in greater details. Best of luck~  ... Read Answer

1. You can petition for visitation rights to your grandchildren under Wisconsin's so called "grandparents visitation" statute. Your schedule for visitation would be independent of your son's right to placement of the children. 2. On the second issue, you don't offer any facts or evidence to indicate what the mother's case is built around. Just because "she wants FULL custody," doesn't mean she gets full custody. The laws in Wisconsin are pretty strict when it comes to petitioning to modify placement or custody post judgment. She must prove that there has been a substantial change in circumstances and must overcome the legal presumption that things should be left as is. You indicate they were divorced for a couple of years, but it is important to know exactly when they were divorced, as there is also a law that withiin the first two years from the divorce, neither party can petition the court to modify custody or placement, unless there is a showing that the children are in imminent harm.... Read Answer

He might sign the required document from the passport office. If not, you would have to get a court order to get his signature.  If you cannot afford an attorney, you may be able to seek help through the resources below:   Legal Aid of Northwest Texas – Free civil legal assistance to low income residents of 114 Texas counties. Eligibility guidelines can be found on Legal Aid of Northwest Texas' website. The Fort Worth office offers clinics on a variety of legal topics including general civil matters, wills, employment matters and bankruptcy. Call 1-800-955-3959 to find out more about Legal Aid, schedule an intake appointment or reserve a spot at an upcoming clinic.   ... Read Answer

   Ms. Humphrey:          If the court documents were executed in TExas, then you should contact a Texas attorney to see  what can be done.       Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer

Lawyers.com offers general information and not legal advice.  The facts in your case are rather complex and you need to schedule an in-office consultation with an experienced family lawyer in your area to discuss your case in greater details. Virginia judges make custody and visitation decisions based on the best interest of the child.  The court will review the statute and apply the applicable facts in your case in order to make a decision.  There is no way to know in advance what the court is likely to do in any case, since the facts in all cases will vary. However, by meeting with an experienced family lawyer, you will have an opportunity to discuss all details and receive legal advice based on the fact in your particular case.  Please note that lawyers charge by the hour, therefore, you need to discuss all consultation fees before scheduling a meeting.  Best of luck~... Read Answer

Ms. WIlson:     Once a judge takes your rights to your children away it is a difficult process to try and change this result.  You don't say when this happened (i.e.: if there is still time to appeal); whether this is temporary; whether this was in a dependency proceeding or family court, to just name a few questions that would need preliminary answers.    This is most likely a question that transcends answering in this forum.   This is a situation where a consultation with an attorney in your area would most likely be your best bet to see if and when you can try to see your children again.   Best of luck to you.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

You would have to file a Modification suit asking the court to recognize you as the father instead of the other man. You need the current order to be modified so that you can be declared the biological father of the child. Do you know if the current legal father knows about you? If he wants to remain the father, you may have a problem. However, if he's on board with you, it will be easier for you to get the court to sign a new order. You will also have to get another DNA test done through a court order so it will be acceptable by the court. You might find some helpful information here: www.texaslawhelp.org... Read Answer

You can hire a lawyer to draft a QDRO, but most family lawyers use outside companies to employ to draft the documents. In milwaukee, try Divorce financial services or Delphi Consultants in Pott Washington. The cost is around $300-$600 and usually each party pays half. It has to be paid up front in full, before they will draft.... Read Answer

Unfortunately, your question cannot be answered in this forum. Lawyers.com offers general information and not legal advice.  Legal advice is based on the specific facts in a case, as applied to the existing law. Moving out is a serious matter, which could have dire consequences.  However, there are exceptions, which the court may recognize as a legal justification for ending the marriage.  It is recommended that you confer with an experienced family lawyer before making a move to make sure your rights are protected.  Most lawyers charge by the hour for office consultations.  Therefore, you need to verify the fees before making an appointment. Best of luck~... Read Answer

That depends on what your belief is, and what your objectives are.  Either party can file a parentage action at any time which will quite promptly result in an order for a paternity test, as discussed here.  If she files for child support through the D.A. and you protest for non-parentage, they too will order paternity testing.  You probably should review the posted materials here on child custody, visitation and support, as well as paternity.  If you wish to check out the self-help forms, look here.  Your best bet is to consult with a family law specialist to go over all of your rights, obligations, and options.... Read Answer

It’s not quite as simple as what you want to do, and it is not as simple as what he is threatening to do. As married individuals, you have joint and equal legal custody at this time.  If you don’t get the court involved, and just move out, he probably will make good on his threat to go to a judge and get an order. You need to  take it to a Judge first.  There are a lot of issues that go into custody.  Especially if he has a history of acting on the anger management problem you mentioned, the judge needs to know all of that as well. This doesn’t mean you won’t get custody of your girls, but you do need to do it the right way. ... Read Answer

If you have an open investigation then DCF can keep you in Florida, but if there is no open case or any investigator contacting you then you should be free to leave the state with your daughter and if DCF has any issue then they may verify that your daughter is safe through Alabama's social services. ... Read Answer