Family Legal Answers

Both my husband and I want a divorce and we’ve discussed and resolved most of our issues. We went to the San Antonio courthouse and were told that we needed something called a Petition for Dissolution and a consent decree if we wanted to divorce without attorneys or a judge becoming involved. The clerk would not explain to us exactly what those are – said she could not give us legal advice. Is there someplace we can get this information or an attorney we can talk to about it? Are we able to file jointly for an uncontested divorce and if we do, do we still need to appear in court?

A friend of my husband and I from our church has a teenage daughter who is pregnant. She does not want to keep the child and we are very interested in adopting the baby. The mom-to-be does not have any contact with the biological father and does not even know where he lives at this point. There has never been a paternity test but she says she’s sure he is the father. If he’s never formally been identified as the father and she can’t locate him, do we need his consent to proceed with an adoption once the child is born? If we do, how do we go about finding him and what exactly does the consent need to say? We live just outside of San Antonio and she thinks he is possibly living out of state. Can a lawyer help us get the consent?

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?

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?

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?

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.

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?

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?

My husband apparently filed for an uncontested divorce but I never received any notice of it. I did get a ‘default judgment’ in the mail, apparently because I didn’t respond to his divorce complaint. I’m not really contesting anything except we do have one joint credit card debt that he ran up. I want my name off of that account. Will the divorce automatically make that account his responsibility, or do I need to file some type of response to his divorce complaint? How can a default be entered by the court against me if my ex never gave me any notice when he filed?

My kids’ mother has filed a child support action against me and in it she’s asking that the court issue a ‘medical support order’ and make me provide health insurance for my kids on top of child support. Insurance at my company is extremely expensive and if I carry my kids on the plan there is no way I can pay child support also. I think it makes more sense for her to cover the kids on her insurance, it’s cheaper. What exactly is a medical support order and can I fight it? If I am required to provide health insurance for the kids, could a judge waive child support? Also, how do I respond to her court papers? The paperwork says I have a certain amount of days to respond but is that from when she filed the papers or when I received them?

I’ve been paying my ex child support for our two kids since we divorce. In the last year, she’s remarried to a very wealthy guy and now my kids live in a huge house with him and get just about everything they want. My ex even quit her job because she no longer needs to work. I’m struggling to meet my own family’s needs while still paying her child support for the kids. It makes no sense that she’s still taking my money when our kids clearly no longer need it. Does her husband’s income count at all in the calculation of my child support? Is there anything I can do based on these circumstances to reduce or stop my child support?

I recently found out that my husband, who is my 17 year old daughter’s step-father, is having a sexual relationship with her. I caught them together so there is no way he can deny it. He says the relationship is consensual and because she’s almost 18, there is nothing anyone can do about it. I live in San Hose and have reported it to California child protective services and they are investigating. This situation makes me sick and nothing is moving fast enough. What can I do to bring criminal charges against him for sexual child abuse, or possibly rape, of my daughter? Does it matter if she consented to the relationship? She says she loves him but she is still a child and should not be able to consent. Also, does my husband’s sick behavior matter in a divorce, because obviously I’ve left him and intend to do whatever I can to take everything from him.

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?

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?

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?

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?

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?

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?

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?

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?

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?

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?

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?

My ex and I share custody of our two kids. He is emotionally abusive to them and they are getting old enough now that it’s affecting them – they are doing worse in school, acting out at home, and he won’t agree to let me put my younger son in counseling. Will proving emotional abuse be enough to get full custody of them and how do I do that? Can their teachers testify? Also, he’s supposed to be paying me child support because he earns more but he’s never on time. If I do get custody, can I get the child support increased and get it taken out of his paycheck?

I’ve been married for 5 years and we have no kids. My wife moved out 6 months ago and did not tell me where she moved to. I suspect she might be living in California with her family. I live here in Raleigh, NC in a house we bought together. Other than the house in joint names, there are no other issues for us to resolve. Can I pursue an uncontested divorce if I can’t locate her to notify her, and what do I do about the joint house? I want to keep it and have been paying the mortgage but I need to get her name off the deed. She’s also on the mortgage and the bank is telling me she needs to cooperate with me refinancing it in order to get her off the title.

My former fiancé and I had a prenup drafted and we signed it. However, we broke up a few weeks before the wedding. The prenup said I would add my ex’s name to my house and he would have an interest in it. He’s now saying the prenup is still a legally binding contract because we both signed it and it was notarized. He is demanding that I ‘buy him out’ of his interest in my house or he is going to sue me to enforce the contract and get his name added. Is the prenup still valid if we didn’t get married and if so, what do I need to do to keep him from getting his name on the house deed?

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?

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.

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?

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?

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?

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?

I’ve been told that Texas is a no-fault state and the fact that my wife is an alcoholic and emotionally abusive to me and our kids doesn’t mean anything in a divorce. We live in Dallas and have a house and a business together. Her behavior has negatively impacted our customers and our business as a whole. I don’t think it’s fair that her actions don’t count for anything. If I do pursue a divorce, will a judge consider what she’s done to me and our family when they divide up our property? Is there something I have to include in the divorce papers to let the court know about her behavior?

My husband and I are interested in adopting an older child. We live in Dalla and we’ve located several children on the Texas Adoption Resource Exchange who might be available for adoption. If we pursue one of those children, will the state represent us or do we need our own attorney? Does Texas offer any adoption subsidies or assistance if we adopt an older child with special needs? We are also told that a child of a certain age has to consent to the adoption. If they don’t want to be adopted, is it possible we could take custody without a formal adoption? And if we do need a lawyer, how do we locate one with experience in state adoptions or custody?

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?

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?

I’ve been married 8 years and my wife is now saying she wants a divorce. She says she filed for one but I have not received any paperwork, and we are still living together. We live in San Antonio and I went to the courthouse in Bexar County and they said they have no record of her filing. I don’t want a divorce, I want to go to marriage counseling. Is there anything I can do to require my wife to attend counseling with me, or some type of mediation? How do I find out if she did file for a divorce?

My 24 year old daughter was disabled as a result of a car crash when she was 11. Her mother and I were married at the time and cared for her jointly until we divorced when she was 18. Since that time, she’s been living primarily with her mother and I have had weekend visits with her in my home. She will never be able to care for herself. Her mother and I never pursued any type of formal guardianship because there didn’t seem to be a need to do so. Her mother recently remarried and the new husband is not kind at all to my daughter. She tells me how unhappy she is at her mom’s home and that she is scared of him. She wants to come live with me but her mother will not consent. What do I need to do to get custody, or should I be pursuing some sort of adult guardianship?

I run a daycare in Seattle and I never had any concern that my daycare kids are being abused. Recently, I got a 9 month old enrolled by their parents who just moved to the area. The baby seems very skinny, I can see her ribs. She also cries nonstop when either of the parents comes to pick her up, but she rarely cries during the day when she’s with me. I think something might be going on but I don’t know how to figure it out for sure. I know as a daycare provider I am obligated to report suspected child abuse, but I don’t know if what I’m seeing proves abuse. I want to make sure the baby is safe, but also don’t want to get in trouble for a false report. What other signs should I be looking for in and if I call the child abuse hotline, will they tell these parents that it was me who called?

I’m engaged and my fiancé wants me to sign a prenuptial agreement. He says he’ll have his lawyer prepare it and all I need to do is sign. My concern is that I don’t know what I’m possibly giving up. He’s very private about his finances, we don’t have joint accounts, and he doesn’t want to have them even after we marry. He says that as long as he’s taking care of all the bills, it shouldn’t matter what money or property he has coming into the marriage. Can I make him disclose his financial situation before I sign a prenup? I am not only concerned about what I might be losing if we ever did divorce, I’m also concerned about being responsible for any debt that he might have now that I don’t know about.