Family Legal Questions

You should contact the local legal aid office to see if you qualify for free or low cost legal services to address the issues you discuss. You may also find helpful information at www.texaslawhelp.org. It is unclear whether your husband and your son's father is the same person. That is a big factor in determining how to go about getting sole managing conservatorship of your son.... Read More

Absent a valid prenuptial agreement, a postnuptial agreement is generally speaking not worth the paper it is written on. Over the course of years, I have seen lawyers prepare postnuptial agreements for clients, telling them that it will be helpful to a court to know what you and your spouse thought was "fair" since you and she were having marital difficulties. Wrong! If you want a divorce, then hire a divorce lawyer and move on with your life. If you are unhappy but decide to stay married, then you made a moral choice ( for the sake of the children, etc) and that decision has consequences. I cannot tell someone to stay married or get a divorce but if you decide to stay married, that piece of paper is not going to be a salvation for you nor is it going to help you at a later date when you do decide to divorce. There are only "extremely limited" settings where a postnuptial agreement has been found by a court to be enforceable in a divorce setting... and start off with the presumption that your setting will not meet that test. Sorry but I think it's better to be blunt than to suggest to you that it is going to help you gain a tactical advantage in a divorce at a later date. Even if your spouse has a lawyer represent her in the signing of the agreement, it is still not enforceable. As a general statement, I think most people who ask a lawyer to prepare postnuptial agreements do so to make themselves feel better, knowing that the terms will not be enforced by the court and presume that the lawyer who drafted the document will have a letter in his / her file confirming that he told you that it was not enforceable but that you wanted it drafted anyway.  If a lawyer actually does tell you that it is enforceable in a divorce setting and is willing to prepare such a document for you, then  he/she should be willing to sign a document stating: "I have reviewed New Jersey statutory and case law and have advised you that the terms of this postnuptial agreement shall be binding upon your spouse in the event of a future divorce and I have advised you that under NJ law, by virtue of your spouse signing this document, she shall not be entitled to any claim of support or distribution of assets other than provided for her in this agreement" ... Read More

You were given incorrect information. It is not a conflict of interest for her to agree to represent him. If she had represented you in a legal matter and now agreed to represent him against you - that would be a conflict of interest since she acquired personal information about you as a result of her prior representation of you and now would use that knowledge against you. As to her decision to represent him - it probably is not the smartest decision since she may not be objective in the advice given. She would be smarter to suggest that he retain a family law attorney, who is knowledgeable on family law issues and who can give him objective and fair legal counsel. ... Read More

Thank you for your question. I would recommend tha you contact competent counsel in Buenos Aires that is familiar with the HAgue Convention regarding your case. This may, in fact, not be a Hague case as much as a custody dispute which can also be resolved as to your son in Argentina. You can also initiate a case in the United State concering your daughter. This is a comlex area of family law and I would also recommend that you consult with a US-based family attorney familiar with Hague cases. You can have a local attorney find a Buenos Aires attonrey for you through the Bar Register of Preeminenrt Lawyers wich publishes annually. Do not delay.... Read More

Under the circumstances you have described, there is no impediment to you marrying a foreign national in this country illegally. Be certain that your matrriage is bona fide and not for the sole purpose of securing status for the undocumented alien.  That conduct may subject you to penalties.... Read More

I am truly sorry to hear that your childhood setting sucks ( that is actually a legal term). I cannot imagine what is taking place in your house or why it is taking place but i am also sure that your parent's version of events will be markedly different from yours. That does not mean that you are wrong or right, it simply means that everyone sees and hears the world differently. Think about the recent presidential election - approximately 74,000,000 people voted for Trump and about 75,000,000 million people voted for Biden and yet when you listen to one news channel, it will suggest that the "majority" of people agree with Trump, and then when you listen to a different news channel, it will tell you that the majority of Americans disagree with Trump or think that Biden is great. This is not intended as a political commentary but to simply point out the about 1/2 of the country feels one way and about the same amount feel completely different about the same issues and depending on who you listen to, determines the "spin" placed on specific actions by the 2 men. My sense is that your household is exactly the same with neither side able to hear what the other is saying or doing or able to find a middle group acceptable to the other. So, what do I suggest for you? When I sit in a consultation setting with someone facing difficult choices, I suggest that the person "map a solution" - meaning create a plan in your head for a specific change to occur and put the date on the calendar. The reason why you are so frustrated is that you cannot envision a date for when your world can change for the better. Instead, map a plan for your future now and pick a date on the calendar for when it is to occur. A lot of the frustration will dissipate knowing that you can see a date in your head for a change to take place. Since you are concerned about school ( a good thing), talk with your guidance counselor or reach out to a governmental program in your county for social services counseling to help you with assistance with a college or trade school program and potentially funding for housing. Start to take control of your life in a constructive way and stop arguing with those who you see as being negative. ... Read More

One definition of separate property, contained in Virginia statute 20-107.3(A)(1), is property acquired by either party before the marriage.  The house is his.  Unless there was consideration for the "verbal agreement," he had no legal obligation to add your name to the deed.  Generally, assets acquired during the marriage, including increases to retirement plans, etc., are marital assets, unless it is derived in exchange for, or from the proceeds of, separate property.  The definition of marital property is contained in Virginia statute 20-107.3(A)(2).  You have interest in marital assets and marital debt only.  If your husband were to die without a will, you may gain an interest in his separate property through the laws of intestacy.  If you divorce, or if he sells the house, you would have no interest in the proceeds.    ... Read More

You do not have to involve the court unless the mother objects to the relocation, which based upon your explanation appears to be a more beneficial location to facilitate visitation and she would not object. The process for relocation under Louisiana Law is governed by Louisiana Revised Statute 9:355 and entails the relocating parent provide the other with written notice of their intent to relocate more than 75 miles from the primary residence or out of state. The notice should be sent sixty (60) days before the proposed relocation date and be sent registered or certified mail, return receipt requested, or delivered by commercial courier. The following information needs to be included with the notice: 1) your current mailing address; 2) the intended new residence, including the specific physical address; 3) the intended new mailing address, if not the same; 4) your telephone number; 5) the date of the proposed relocation; 6) a brief statement of the specific reasons for the proposed relocation; 7) a proposal for a revised schedule of physical custody or visitation with the child; and 8) a statement that the other parent is entitled to object to the relocation in writing within thirty days of receipt of the notice and should seek legal advice immediately. If no objection is not given in writing within thirty days of receipt of the notice to relocate, then you would be free to relocate. If you have any questions, would like assistance with preparing and delivering the notice of relocation, or if an objection is made to the relocation, I’d be more than happy to help. Please feel free to call my office at (337)237-0492 to set up a free consult.... Read More

You should have a consultation with a divorce law specialist instead of trying to figure out where you are at and what your rights/obligations are as a result of your wife's actions. The fact that she spent money to furnish an apartment to move into, does not mean that the expense is a legitimate marital expense to be divided in a divorce. Yet, if she was moving out and left you with all of the furniture and furnishings in the house, then maybe the expense is legitimate since she might have been entitled to share in those items in the house. When you meet with a family law attorney, he can review with you the expense information to discuss how it should be viewed and whether that expense can be off set against her interest in other assets ( ie retirement account). During your meeting, you need to discuss custody and parenting time issues as well as her obligation for the payment of child support. ... Read More

There is not much to go on here.  First step is to get educated.  You will find a great deal of background information, subject by subject, here.  Beyond that, you should consult with a family law specialist to get answers to your specific questions and make a fully-informed choice of what you wish to do and how you wish to do it.... Read More

I am sorry for your loss. Unfortunately, if the parties were never legally divorced, then the Wife is right. In Florida, if you are married and you die without a will,  your spouse will inherit all of your intestate property.  If, however, you have living descendants, including children and grandchildren, they would get part of the property. Sorry for the news, but just reinforces why it is important to see a family lawyer before it is too late. Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Florida Family Law 954-316-3496 (Broward) 561-962-2785 (Boca Raton)        ... Read More

I'm not even going to get into legal advice right now, but first wanted to say how sorry I am that you are going through this loss.  It sounds truely awful and I encourage you to seek counselors and other professionals through this process. Legally speaking, you can't get power of attorney over someone who is brain dead.  No simpler way to say it.  You also might not be in a great spot in regards to the 9 year old child.  As the grandparent, your claim to this child is likely going to be defeated by any claim of the father.  You will want to speak with a local family law attorney regarding a possible avenue to challenge the father for custody, but again, grandparents don't typically have a lot of rights in this type of situation.... Read More

Thank you for your question. You should check with the attorney who handled your divorce to see if the Final Judgment (or perhaps you have a Marital Settlement Agreement) made any provision for revisiting the timesharing schedule as your daughter ages. You are right to be concerned about the particular sleeping arrangement at your ex-husband’s residence and you should discuss this with your divorce lawyer. This practice of your ex-husband’s may be psychologically injurious to your daughter or perhaps not, but your ex-husband should be aware that it may be time for either a roll-away bed or a sofa pull-out in his living room. If he agrees to this, your problem should be resolved... Read More

Timing here is important. You have ten days to request a rehearing and if you were not notified of the hearing, you may have a good opportunity to revisit the order. You also have thirty days to file a Notice of Appeal if you are in a district where a re-hearing is not a prerequisite and you have missed the ten-day deadline I cited above.  This is a very peculiar situation where, as you said, no party received notice of the hearing. You should have a local family law attorney review your facts and timing to ensure you are accurate... Read More

Your question cannot be answered in this forum because you have left out key facts.  First, are there any minor children involved?  If so, you have to wait 1 year, before you are eligible to file.  If there are no children,  you may file, if you have lived separate and apart for a period of 6 months and have a signed agreement.  You may wish to confer with an experienced family lawyer to discuss the actual divorce process and what is necessary to proceed.  Lawyers charge by the hour, therefore, you need to discuss fees upfront to avoid any issues about the process.  Best of luck~... Read More

Thank you for your question. You didn’t mention the age of your daughter. It could make a difference to your question if she was two years old or fifteen years old.  I am going to assume she is a pre-schooler. As you referred to your past relationship as your “ex”, I am also going to assume that you are divorced. This is also a major factor in your question. If you are divorced and your “ex” is the legal father of your child as recognized in the Final Judgment with timesharing rights and shared parental responsibility, then you will have to seek court permission to relocated to Michigan or obtain a written consent to the relocation from your “ex”. Florida’s parental relocation law (Chapter 61.13001, F.S.) carefully defines the procedure for relocating out of state with a minor child. You can Google the statute and carefully read it. Of course, the assistance of a qualified family law attorney would be highly recommended. If you were never married to your “ex”, and a paternity case has not been filed and no other legal determination that he is the father of your daughter has been established (as in an administrative child support action), then the limitations on your relocating should not apply. Again, you should consult with a qualified family lawyer to understand your rights and obligations under these two scenarios - divorce or paternity.... Read More