Family Legal Questions

It depends on the specifics, but as you describe it, not generally. She may be entitled to some reimbursement if community property funds were used to pay for improvements or repairs on the house, but since you bought it prior to marriage, it would be considered separate property and not something she'd be entitled to half of in the event of a divorce.   The above is assuming that when you say you bought the house prior to marriage, you mean you paid it off completely. If you purchased it prior to marriage but have been paying the mortgage while married, then you've almost certainly been using community property to make those payments (in Texas, income from your work while you're married is considered community property). In that case, she may be entitled to a significant chunk of the equity you have in the house.... Read More

You can fire your counsel at any time.  However, before doing that I would suggest requesting a call be set for a certain time and date to discuss your concerns with your attorney and how you both can resolve them to your mutual satisfaction.  Then, even if you decide to part ways, there is a "game plan" about how to conclude your business with your current counsel.  S/he may even be able to suggest alternate counsel.  Be sure to get a copy of your file for your new lawyer and also get any original documents from your current counsel.  Pay your bill and request a refund of any unused retainer.   It is important to hire the attorney that you feel the most comfortable with, and if you've lost faith in your current attorney then you two should part on the best terms possible so you can move on.  Sometimes things happen and hopefully your counsel will be candid with you about answering your concerns.   If you are changing counsel, your counsel may request a continuance of your hearing to give your new attorney time to prepare.  Judges want an orderly progression of your case, so they may be open to giving you more time if it means both parties have lawyers to help them present their matter.  Good luck.... Read More

A court could well conclude that you acknowledged fathering the child by the fact you paid for care. If you are sure you want to fight to prove the child is not yours, you will have to get a court ordered paternity test. It is up to you. It does tend to ruin the relationship with the mom. If you really like the mom, or think the child is yours, this is your chance to be a father to a child, something many people wish they had. best of luck to you... Read More

There is a lot here.  Since you are never-married parents, you should look to the paternity statutes to see the presumptive rights and obligations both of you have.  It would also be helpful for both of you to review the Indiana Parenting Time Guidelines.  Hopefully a review of those will center both of you to the best interests of your child rather than arguing between the two of you.   If there is no Court Order, then the only way to obtain enforcable "rules" about your parnting plan is to file a case and request a Judge enter an Order for custody, parenting time, and child support.  The Court will enter an order for these things if you two do not agree, and the Judge's standard is "the child's best interests".  Matters of school and getting to and from there on time with their work done and ready to learn will be a top prioirity.  The IPTGs have a section on transportation. Dad may not be able to hear it from you because he's too angry,  but the reality is that things DO change - kids go to school, get friends, participate in sports - all of those things taking time away from Mom and Dad.  That's life.  Your pareting plan must change with the needs of your child  -  period.  You both will be better off working togehter to figure out how both of you can get as much of the remaining precious time with your child as you can rather than fighting.  If you don't trust each other, file an Agreement with the Court for parenting time to ensure there are enforceable "rules" for the both of you, and understand that this agreement or Order can and should change when your child's needs change.  Good luck.... Read More

Your grandson needs to file an action for paternity and request a DNA test be done on the mom himself and the child. If the results come back positive, he can make a motion for visitation rights or joint custody and she will make a motion for him to pay child support. He can also request that the court order that the birth certificate of his child be amended so that the child's surname will be his surname. ... Read More

Before you take any legal action, you should try to upload your DNA into one of the databases like 23 and me or ancestry.com and see if you get any DNA hits. He may have uploaded his profile into one of those services, and you may get an idea if he is your dad, even if his relatives have uploaded their profiles into the service database and you get a match.   ... Read More

This question is a family law question. But I can see how you mistakenly believe this question is an immigration question because two foreign nationals living in two different countries are involved.    That said, most states will grant a divorce even if both parties are not within the state’s jurisdiction (which includes parties living outside of the United States).   I recommend you speak to a California family law attorney to properly advise you on this issue.   --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More

If you are married, there is no prohibition at all for either of you to travel with your child, at least within the U.S.  Both of you have an equal right to child access.  If Dad took the child on vacation, obviously he's coming back, but your message sounds like you are concerned he is not going to return. If that is the case, then you may want to consider filing for a legal separation or dissolution of marriage.  You will want to consult provision of the Uniform Child Custody Jurisdiction Act (UCCJA) in the Indiana Code.  A review of those statutes will show that if you wait too long there may be a problem with Indiana being found to be the child's "home state" for jurisdiction purposes.   Portions of the relocation statute also may come into play if Dad's move to Florida is permanent. There is nothing in your message about Dad taking the child's passport or being a flight risk, but if that is an issue, you will want to consult a local attorney ASAP to request an immeidate hearing on the issue of custody.... Read More

If you are still married, just separated for a long time, you both have equal rights of custody. If you are divorced and have a Court Order awarding you primary custody of your daughter, I do not understand how the school allowed him to enroll her.  If there has been a petition for order of protection and an order of protection has been entered restraining you from having contact with your daughter, you must obey that order until the matter is taken up in Court. Disobeying an Order of Protection may result in your arrest. If there has never been a court order entered establishing custody, you and the father are now likely to be looking at joint custody as that is now the legal preference in Arkansas. Unless you can prove by clear and convincing evidence that joint custody is not in your daughter's best interests, the Court will award joint custody.... Read More

  Per Ark. Code Ann. 9-15-201 of the Domestic Abuse Act, a petition for protective order can be filed by: A petition may be filed by: (1) Any adult family or household member on behalf of himself or herself; (2) Any adult family or household member on behalf of another family or household member who is a minor, including a married minor; (3) Any adult family or household member on behalf of another family or household member who has been adjudicated an incompetent; or (4) An employee or volunteer of a domestic-violence shelter or program on behalf of a minor, including a married minor. "Household members", as defined in Ark. Code Ann. 9-15-103 of the Domestic Abuse Act, includes: “Family or household members” means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, in-laws, any children residing in the household, persons who presently or in the past have resided or cohabited together, persons who have or have had a child in common, and persons who are presently or in the past have been in a dating relationship together." Step mom may qualify to fit in category 2 as a person who can apply for a protective order as "any adult family or household member on behalf of another family or household member who is a minor. " The more appropriate person to file would definetely be a parent on behalf of their own child, in my opinion, but she may be able to proceed as a household member filing on behalf of a household member as a minor.  This is not the anwer you are looking for but this is the most accurate reading of the law.... Read More

I think you missed labeled this question. It doesn’t appear to be an immigration question. Unless you or your ex are immigrants with or without a Green Card, you must speak with an immigration attorney ASAP. Most immigration attorneys offer a free consultation, so you should be able to get your questions answered at no charge. Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More

To become a United States citizen, usually you must show the U.S. Citizenship & Immigration Services (USCIS) that you speak, understand, and write basic English. You also must pass a test in U.S. government and history. If you have a disability that makes you unable to learn or remember new information like English and history, you can apply for a disability waiver. If USCIS grants the Waiver, you do not have to speak English or take the history test. You can still become a citizen. Retain counsel for assistance. ... Read More

Requests for "findings" are usually made when one expects a case to be appealed.  An appeal is a request to the Court of Appeals to issue an opinion based upon errors of law and/or erroneous findings of a Court.  Therefore, the Court of Appeals does not reweigh evidence - it looks to the Orders of the trial court to see if there are any errors of law or fact that would warrant a chnage to those Orders. The request for Findings means that the Judge will issue more specific orders, taking more time to explain their decisions based upon the evidence.  If no such request is made, a Judge usually issues a more general order with less detailed explanations or references to statutes and case law, although a Judge may choose to issue those detailed Orders even if no one asks for Findings.   If you are represented by an attorney it is important to discuss with them what findings you are going to request be made.  The Judge usually requests each party submit Proposed Findings a specific amount of days after the conclusion of evidence, so it is important to start this work before the trial in order to make sure you have the proposal you wish to submit ready on time.  It is also important to take really good notes during the trial so you can properly refer to evidence presented at the hearing in your Proposed Findings.  ... Read More

Unfortunately, you do not have a cause of action or, absent actual physical abuse, no legal matter that a lawyer can really help you. Most family problems are ones of communication. The best way is to write a letter to your folks and tell them how you feel. Tell them you know they love you but ask them to respect the fact you are not child anymore and that you have opinions about how you want to spend your summer. Presenting a well planned out alternative would show your family your maturity and that you have put a lot of thought into this. It is likely that camp has already been paid for this year but it is only a week or so, and with a well written letter, you might convince your folks that they need to include you more in making summer plans. Best of luck to you. ... Read More

Hi John, You are correct, you definitely need help with a divorce! The situation as you've described it is one that could go from bad to worse if you do not seek the help of an attorney quickly. Not only do married couples (typically) share an interest in property acquired during a marriage, but also in debts. You could be provided some protection upon the filing of a divorce with the automatic issuance of the statutory injunction, but aside from that you will most likely need the court to enter a temporary order to calm things down during the divorce proceedings. If you haven't already, you need to contact a local divorce attorney to help you with your particular situation. Sincerely, Robert Lee Jackson II Attorney at Law Law Office of Robert Lee Jackson II 5115 Maryland Way Suite 301 Brentwood, TN 37027 Office: (615) 376-9933 ... Read More

Short answer: yes.  Exactly how much depends on some facts not disclosed, but for a recap of the applicable law in Nevada, see the explanation posted at https://www.willicklawgroup.com/property-rights-and-division/.  You might want to look at the Child Custody and Child Support pages as well, and seriously consider consulting with a family law specialist to go over all potential issues and their probable outcome.... Read More