Get free answers to your Family Law legal questions from lawyers in your area.
I am planning to marry my Egyptian boyfriend, who currently lives in Egypt, and we intend to live in the U.S. after we marry. I am aware of some visa requirements, but my main concern is my ability to financially sponsor him since I have been unemployed for three years and have no proof of taxes or... View More 
I am currently pregnant and dealing with concerns about child custody. When I give birth, I do not plan to put the child’s father on the birth certificate due to safety reasons. We have had physical altercations in the past, and he has severe anger issues. He is attempting to be involved with my... View More
My daughter married a man living here on a student visa, and after marriage, she sponsored him, allowing him to get a green card. They have one child, and another is on the way, but he is now behaving aggressively and has threatened to take the child and leave the country. He pulled her hair in... View More
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answered on May 9, 2025
Your daughter's situation involves a complex intersection of domestic violence law and immigration. The physical assault and threatening behavior you describe constitute abuse under legal definitions. In such circumstances, the Violence Against Women Act (VAWA) offers protection regardless of... View More
I had an attorney for my divorce who failed to inform me of three court hearings and possibly missed two of them. He signed my divorce papers without my knowledge, leaving me with nothing from the settlement, including assets like money in a 401k and a house that was sold—although it was paid for... View More
answered on May 9, 2025
You likely cannot dispute the divorce settlement at this time.
Within two years of the conclusion of your divorce case, you can file a legal malpractice case against your former attorney. In order to recover damages for legal malpractice, you must prove that you would have more in your... View More
answered on May 9, 2025
"Taking" someone to court typically involves hiring an attorney who will file a lawsuit on your behalf. The attorney will prepare a legal document typically called a "complaint" which will be sent through the state E-Filing system to the district or county clerk in the county... View More
I need to file a form to request a continuance for a family law temporary hearing scheduled for May 12, 2025. I reside in Norfolk, VA, and the hearing is in Texas. I need more time to gather travel funds as I received the notice on May 3, 2025, leaving only one week for preparation. There have been... View More
answered on May 8, 2025
You need to file a motion for continuance with either a signed sworn affidavit or an unsworn declaration setting forth the facts that you want the court to consider. You will want to state the date you received the notice; where you reside and how long you have resided there; if there is a child... View More
I need to take the mother of my child to court because I have not seen my son in a year. She refuses to provide her contact information or address. We have an agreement from a judge regarding custody, but she's not following it. There has been a previous court decision on this matter, and... View More
answered on May 8, 2025
I concur that you should take the mother to court on a motion to enforce the existing order. As this is not a do-it-yourself type of legal proceeding, you should hire an attorney with experience in family law who practices in or near the county where the court that issued the existing order is... View More
I have been faithfully paying child support for several years, totaling over $39,000. The other party owes me approximately $2,000. Now, they are attempting to take me back to court to offset their owed payments. Can they do this, and how should I proceed with the existing disparity in owed amounts?
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answered on May 7, 2025
A party can take the other party back to court to recalculate child support if three years have passed and the amount of the child support would change by at least one hundred dollars, or 20%. A party can also take you back to court if there has been a substantial change in circumstance.... View More
My child's biological grandfather, who is a convicted felon due to a murder charge, is getting out of prison this year. My child's father wants our son to meet his grandfather, but I strongly oppose this. There are no legal custody arrangements currently in place, but my child's... View More
answered on May 7, 2025
Theoretically, you can file an original suit affecting the parent-child relationship to establish a legal custody order and ask the court to enjoin the father from allowing the child to see the grandfather. This may or may not be granted depending upon the facts and circumstances of your... View More
My wife and I have been married for 24 years, living in her original house in Texas. Her only daughter passed away 8 years ago, leaving two children. One of these grandchildren, who lives with his father in Denver, CO, is trying to claim the house after my wife's death. There is no will, and... View More
answered on May 8, 2025
It is unclear from your question what interest in the house you are trying to protect. You do have what are called "widow's rights" which arise regardless of your gender.
A surviving spouse has the right to use and occupy the homestead (family home) for their lifetime,... View More
I can't afford a divorce lawyer, and I'm concerned about the division of assets and child custody. I need guidance on accessing legal aid services in Texas to handle these issues. How can I proceed with getting the support I need?
answered on May 5, 2025
Contact a legal aid clinic in or near the county where you reside. There are several throughout Texas. Most routinely handle family law matters like divorce and child custody. For example, Texas Rio Grande Legal Aid can be reached at www.trla.org
I want to file for joint custody of my child. I have not spoken to the other parent yet. I prefer to go through the courts rather than discussing it directly with her. Currently, my child lives in Texas, and I live in Waukegan. How do I proceed with filing for joint custody under these... View More
answered on May 2, 2025
If there is no current custody order, you can file an original suit affecting the parent-child relationship in the Texas county where the child lives if the child has lived in Texas for at least six months.
If there is a current custody order, you should consult an attorney in the state... View More
I'm considering suing my ex-wife after our divorce was finalized for canceling my health insurance on December 31, 2024. Our divorce paperwork included a standing order that insurance should not be canceled. I haven't taken any action yet since the divorce was finalized just a few days... View More
answered on May 2, 2025
It is probably too late to challenge your ex-wife's violation of the standing orders now that your divorce has been finalized. The standing orders are only in effect during the pendency of a divorce proceeding. If a violation occurs, a party usually must bring a motion to enforce during the... View More
I divorced in September 2024, and my ex-spouse is supposed to deposit $500 by the 1st of each month as per our divorce decree. Today is the 1st, and there's no money deposited, which is a recurring issue since he often pays late despite my reminders. This payment is crucial for covering the... View More
I am an unmarried mother initially residing in Texas, but I faced a domestic violence incident and relocated to California, where the abuser was arrested and charged. I have a protective order from Texas and a three-year restraining order in California. Recently, on April 4, my abuser issued a... View More
answered on May 2, 2025
Yes, this decision can be challenged by appeal after final judgment, by writ of mandamus, by writ of habeas corpus if you are jailed for disobeying the court order, and by a motion to reconsider in the trial court.
Normally, in a divorce situation, a court cannot order an adult to return... View More
I am the grandparent of two grandchildren who have been living in my home full-time since June 2024 in Texas. I have supported them and their mother both financially and emotionally. Recently, she falsely accused me of assault, and although no charges were filed, the police advised me to consider... View More
I missed my trial date for my divorce case because my car broke down on the way to court. Despite contacting the court to explain my situation, the judge proceeded with a default judgment due to my absence. What steps can I take to address the default judgment and possibly have my case reconsidered?
answered on May 1, 2025
If it has been less than 30 days since the default judgment was entered, you can file a Motion for a New Trial. In that motion you will need to include why you did not appear on the date of trial and ask the court to grant you a new trial. If it has been more than 30 days since the default judgment... View More
I urgently need help obtaining an emergency protection order as my daughter was sexually assaulted by her father. The case is scheduled to be dismissed on Monday. I also need legal advice on modifying my divorce decree to obtain full custody. I am located in Quitman, Texas.
Five years ago, my divorce was finalized without a QRDO being entered into the court docket for the division of federal retirement benefits from my former spouse to me, although the Divorce Decree mentions the QRDO. My former spouse has been receiving retirement benefits from the federal government... View More
answered on Apr 28, 2025
You should contact the attorney who handled your divorce. QDROs are required any time the parties divide retirement benefits in a divorce proceeding. While this is not a DIY project, most attorneys with experience in divorce cases are capable of drafting a QDRO. Some attorneys, however,... View More
I have been the sole provider for my grandchildren, who have lived with me for three years. Both parents consented to my guardianship, and I have voluntary guardianship paperwork from my daughter for medical and daycare purposes. Recently, CPS removed my grandchildren from my home due to my... View More
answered on Apr 28, 2025
A grandparent has standing to petition for certain rights with respect to grandchildren. "Standing" is the legal right to ask the court for something. Until you have a court order, you do not have "rights" simply because your grandchildren lived with you.
A... View More
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