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QUESTIONS

How to appeal a DCF child abuse finding in Boston?

About 3 years ago my ex charged me with child abuse of our son. I didn’t do anything wrong, I grabbed his arm to keep him away from the stove and it left a mark. He told his mother I ‘hurt’ him and that started the whole process of a Department of Children and Families Investigation. At the end, they told me they didn’t have enough evidence to rule the abuse charge in or out. I knew I didn’t abuse my son so I took no further action. I recently applied for a job as a bus driver and was required to submit to a background check. They are telling me the child abuse charge is showing up on my record and that disqualifies me from certain jobs around children. What can I do to appeal the abuse finding or otherwise get it off my record?

Boston, MA
0 answers
QUESTIONS

Securing my share of ex’s retirement that I got in the divorce?

My divorce was final about 2 years ago and I was awarded part of my wife’s government pension. My attorney at the time told me I needed a “QDRO” to get my part of her retirement paid directly to me. I didn’t do anything about it at the time, but now my ex is about to retire and I want to make sure I get my share when she does. I would prefer not to go back to the same lawyer I used for the divorce. Can I do a QDRO myself and if not, what documentation do I need to give a lawyer to do it and about how much will it cost? Is there a time limit on when I have to get this done based on when my divorce was final?

Atlanta, GA
0 answers
QUESTIONS

Will a prenuptial agreement protect my inheritance in a divorce?

I’m about to get married and I’m considering a prenup. I’m due to get a large inheritance when my father passes and I want to make sure I maintain control of that money if my future husband and I ever divorce. I have a child from my first marriage and I want to be able to use some of the inheritance to pay for her college and other things she might need. Do I need a lawyer to draw up a prenuptial agreement and will it actually ensure that my husband doesn’t get any part of my inheritance if our marriage doesn’t work? Also, he’s from Panama and has only been in the states for a year. He’s still learning English. Do I need to have the prenup drafted in English and Spanish, or is it enough if I read it to him before he signs?

Atlanta, GA
0 answers
QUESTIONS

Do my side jobs count toward my child support obligation?

Since COVID hit, my hours at work have been cut and to make up the difference, I’ve been doing side jobs as a carpenter under the table. My ex found out about this and is threatening to take me back to court to have the court consider the extra money I’m now making and possibly increase child support. This is ridiculous because I’m only working these jobs to make up for the income I’ve lost from my regular job. Can she actually get more child support from me if a judge adds in my side work income? Is there any way I can go after her for legal fees if I have to hire a lawyer to fight this and she loses?

San Diego, CA
0 answers
QUESTIONS

How can my adopted daughter find her birth mother?

My adopted daughter is now 17 years old and for several years has been expressing an interest in finding her birth mother, and possibly whatever other relatives she can locate. She has had a lot of health problems and thinks knowing more about her genetics and bio family medical history might be helpful. We have a very good relationship and I want to help her do whatever she can to find them. What are the laws in San Diego relating to opening adoption records, and does anything change once my daughter turns 18?

San Diego, CA
0 answers
QUESTIONS

Will a New York judge grant an uncontested divorce for adultery?

My wife cheated on me and I want a divorce. We have not been married long and have no kids, and we have agreed on how to split up our property. I’ve been told we can get a quick, uncontested divorce as long as we both agree on everything. I agree on all issues except why we are divorcing. She wants to say its ‘irreconcilable differences’ and I want the divorce decree to say it was her adultery. I’m catholic and I want to get the marriage annulled in the church once the divorce is over, and I need to show she cheated on me to do that. Can I get an uncontested divorce if I want to pursue it based on adultery?

New York, NY
0 answers
QUESTIONS

How do I get custody of my daughter if my ex has abused her?

I reported my daughter’s father for child abuse to the New York Office of Children and Family Services and they did an investigation. They said they could not prove he abused my daughter because she’s too young to say what happened, but they couldn’t rule it out, either. I know my daughter and I know he did something to her. Before this, we shared custody of her but now I don’t trust him and I want full custody, and for his visits to be supervised. I want to know whether I can appeal OCFS’s finding that the abuse wasn’t definitely proven and how to go about getting sole custody of her?

New York, NY
0 answers
QUESTIONS

Can I get out of a prenup if I was forced to sign it?

My husband and I are getting a divorce and we have a prenuptial agreement. I only signed it because he told me he would not go through with the marriage if I didn’t. A lot has changed since we got married, including him getting a much higher paying job and me leaving my job to raise our two kids. I waived alimony in the prenup and that just doesn’t seem fair at this point given what he earns. Is there any way for me to overturn the prenup and get a more fair divorce settlement?

Chicago, IL
0 answers
QUESTIONS

How does a divorce trial work in Chicago?

I’m in the middle of a contested divorce with my husband who was mentally and physically abusive to me. The judge has made us attend settlement conferences but we haven’t been able to resolve anything and I don’t even want to be in the same room with him. The judge said if we don’t settle, we have to go to a contested divorce trial. I have not been happy with my current attorney who seems to think we are going to have trouble proving the abuse. I think it’s a big part of my case. If I fire my attorney, can I represent myself in a divorce trial and how does that work/what do I need to know? Am I allowed to testify about the abuse and bring in witnesses? If I do need an attorney, will one take the case when we are already halfway through?

Chicago, IL
0 answers
QUESTIONS

Do we need a lawyer for an international adoption?

My wife and I live in Indianapolis and want to adopt a child but have found that the waiting period to adopt children here in the U.S. is very long. We’ve found an agency that handles child adoptions from Croatia and the waiting period is much shorter. They have lawyers who work with the agency, but my wife and I are wondering if we need our own attorney to handle the paperwork and make sure everything is in order. Should we use the agency attorneys or get an independent attorney and if so, how much does it usually cost for an attorney to do an international adoption?

Indianapolis, IN
0 answers
QUESTIONS

Will getting legal custody stop my ex from moving out of state?

I have 3 kids with my ex-husband and since our divorce, my kids have lived mostly with him because he lives closer to their school and friends. I had to move farther away to find a house I could afford after the divorce. I do get alot of time with the kids under our divorce agreement. Now their dad is saying he is moving from Indianapolis to Chicago, over 3 hours away. If he does that and takes our kids, I won’t be able to see them at all during the week or go to any of their sports or activities. Even weekend visits will mean over 6 hours round trip in the car for them. I don’t necessarily want to change physical custody if the kids stay here in Indianapolis because they are happy and doing well. But I don’t want them moving 3 hours away. Can I ask a court for sole legal custody to stop their dad from moving with them? Is the fact that his move would make our custody schedule impossible under the current settlement agreement matter? Can I enforce it and stop the move?

Indianapolis, IN
0 answers
QUESTIONS

How to get an uncontested divorce and calculate child support?

After 10 years of marriage and two kids, my wife and I are splitting up. We are still friendly and have agreed on all our marital issues except for child support and want an uncontested divorce. I make more than she does but we are going to have 50/50 custody of the kids. I’ve tried using the online child support calculator, but one of my kids has substantial medical expenses and we aren’t sure how to divide those expenses or include them in child support. Also, I pay support for another child from a prior relationship and I’m wondering if I get any credit for those payments against whatever I owe for my kids with my wife. What do I need to do to start the uncontested divorce process in LA and are we able to get one if we still aren’t sure about child support? How do we figure out the right amount of child support based on our circumstances and joint custody?

Los Angeles, CA
0 answers
QUESTIONS

Can I sue my ex for the child abuse he inflicted on our son?

When my son was still an infant his father physically abused him by shaking him. My son suffered some brain damage and his father was convicted of child abuse. He spent time in jail but is out now. The abuse to my son resulted in some developmental delays that may be permanent, the doctors aren’t completely sure yet. My son requires assistance to do most daily activities and he will need special education when he goes to school. I have a lot of extra expenses because of what my son’s father did to him, including things like home health nurses, mobility devices to help my son walk, and frequent trips to the doctor. The Los Angeles child support office is going after my ex for child support now that he’s working again, but is there any way I can sue him for the extra expenses I incur and for the physical and emotional damage to my son, like pain and suffering?

Los Angeles, CA
0 answers
QUESTIONS

Can a prenup cover child custody if my marriage doesn’t work?

After 5 years of dating and having a child together, my boyfriend and I are engaged. I have a lot more assets than he does and he has a large student loan. I want to get a prenup to protect what I have and to not be responsible for his debt. What do I need to do to get a prenup and can the same lawyer represent both of us to save on legal fees? Also, a few times during our relationship he’s threatened to take our son from me if we ever split up. I work a lot and he’s been the primary caregiver. I want to make sure that if we did end up getting a divorce, I have at least equal time with my son. Can we include that in a prenup now? Would a court consider that I have to work to support us if we did end up fighting over custody?

Miami, FL
0 answers
QUESTIONS

Can I get a divorce in Miami based on adultery?

I want to divorce my wife because I found out recently that she’s been cheating on me. She’s in the military and she’s been messing around with another guy in her unit. She’s currently deployed and I’d like to get the divorce and be able to move out of the house before she comes back home. I’ve heard there is a waiting period to get a divorce in Florida. Is adultery a legitimate grounds for divorce and if it is, can I get a faster divorce? Are any of the divorce requirements different because she’s in the military and currently overseas?

Miami, FL
0 answers
QUESTIONS

How can I collect back child support?

My kids’ mother hasn’t paid child support in months, and she owes about $4000 in back support. She’s promised to pay it but does nothing, and the back amount just gets larger. Is there anything I can do to force her to make the regular payments on time and to collect on the child support arrears that she owes? When I talked to an attorney awhile back he said we couldn’t garnish her wages because she’s self-employed. I’ve read online that I might be able to intercept any tax return she gets and put it toward the child support, but I’m not sure how to do that.

Las Vegas, NV
0 answers
QUESTIONS

Need a divorce agreement before filing for uncontested divorce?

My ex and I are splitting up and we agree on how to divide everything. We don’t have any kids. I don’t want to spend a lot on legal fees so I went to the courthouse in Clark County to file. The clerk told me I needed a written agreement stating what my ex and I have agreed on before I can file the uncontested divorce papers. I don’t know why we need this if we don’t dispute anything. What do I need to do to get the written agreement and what should be in it? Do my ex and I have to both sign it in front of a witness or a notary?

Las Vegas, NV
0 answers
QUESTIONS

What if the bio mom doesn’t consent to a stepparent adoption?

My stepdaughter is 19 years old and I’ve been in her life since she was 4. Her father did drugs and was in and out of her life. At this point, we have no idea where he even is, could be in jail. My wife and I have talked for years about me adopting my stepdaughter. Because her bio dad always said he’d fight it, we never pursued it. Now that he’s been out of the picture for several years, we are considering it again, and my stepdaughter wants the adoption. Does it matter if we can’t find her father to see if he’ll consent or, if we do locate him, what happens if he objects? Does it make a difference that she’s now over 18?

Houston, TX
0 answers
QUESTIONS

Can I get in trouble for not reporting child abuse?

I run a daycare center in Houston. I have a child who keeps coming in with bruises and marks on her skin. I’ve asked the mother about it several times and she gives a reason for each incident, but it doesn’t add up to me. I’ve thought about making a report to the Department of Family and Protective Services, but I can’t prove anything and I’m worried the parents will sue me for making a false report if I’m wrong. The father works for the government and has a security clearance. When I told my husband about this he told me if I don’t report it and it turns out to be actual abuse, I could face criminal charges. Is that true and if so, what do I need to be able to show to DFPS to prove I was genuinely concerned for the child’s safety?

Houston, TX
0 answers
QUESTIONS

Can I get child support taken out of my ex’s paycheck?

I’ve heard you can garnish someone’s wages for child support. I looked at the Pennsylvania child support website and I can’t figure out exactly how to go about getting a wage lien. My ex is always late with his payments or pays less than what he’s supposed to even though he’s working a steady job. I’m tired of hounding him about it and I just want to get the child support each month without dealing directly with him. What do I need to do to get the support directly from his paycheck and do I need a lawyer or should I just contact the Philadelphia child support office?

Philadelphia, PA
0 answers
QUESTIONS

Where do I file for divorce if my husband lives in Colombia?

I want a divorce from my husband who is currently living in Colombia. I live in Philadelphia in our marital home. We lived here together for about 5 years before we split up and he moved back to where his family lives. I haven’t talked to him in over a year. Can I divorce him by filing here in Philly and if I can, how do I get the divorce papers to him if I don’t know exactly where he’s currently residing?

Philadelphia, PA
0 answers
QUESTIONS

How do I get supervised visitation for my daughter’s father?

I think my ex should have his visits with my daughter be supervised. I live in Sacramento and he lives in the Bay area. Because of the distance, he only sees our daughter every other weekend. He is a big drinker and I’m worried that he’s drinking again on the weekends she is with him. She isn’t old enough to know exactly what he’s doing, but she does describe some things that make me think he’s drunk around her. If I don’t think my daughter is safe when she’s with her father, what do I need to do to have his visits be supervised by someone, at least for awhile to determine if he can stay sober when he’s around our child? Because he lives 2 ½ hours from me, it isn’t practical for me to be the one to supervise and I don’t think he’d allow it even if I could.

Sacramento, CA
0 answers
QUESTIONS

Do my boyfriend and I have to be married to adopt a child?

My boyfriend and I have been together 8 years and want to adopt. I can’t have kids of my own and I’ve been married once before and it ended in an ugly divorce. I don’t want to get married again, and my boyfriend is fine with that, but we do want to raise children together. I have started researching adoption options but it appears that we might need to be married before the California Department of Social Services will let us adopt. Someone mentioned to me that it might be possible to adopt if my boyfriend and I are registered domestic partners. If we live in the Sacramento area, is it true we have to be married? If so, will a domestic partnership allow us to adopt and how do we go about registering as domestic partners?

Sacramento, CA
0 answers
QUESTIONS

How do I modify child support in Chicago if I’m working less?

My son’s mother and I both live in the Chicago area and I’ve been regularly paying child support for over 5 years. My work has cut back my hours during the pandemic and have not let us know when, or if, we’ll be returning to our regular hours. I’ve tried to make the court-ordered payments as long as I can by working side jobs and selling some of my property, but I can’t keep it up much longer. My ex says if I don’t pay the exact amount in the court order she’ll file for contempt against me. What can I do to get my child support lowered, at least while COVID-19 is still causing shutdowns, and what do I do if she does file contempt papers?

Chicago, IL
0 answers
QUESTIONS

Can I get a prenup in both English and Spanish?

I am about to get married and think I might need a prenup. I’ve been working toward starting a business and if it does well, I might earn substantially more money than I am earning right now. My wife has a good job now as an interpreter but is talking about quitting her job after we marry to have kids. I want to protect myself from an alimony claim if my fiancé and I get married and it doesn’t work out. She is from Nicaragua and speaks and reads mostly Spanish. What do I need to do to get a prenup and should it be in English, Spanish, or both?

Chicago, IL
0 answers