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In Oklahoma, I need an example of a motion that could restrict a party from filing frivolous motions in a family law case. This party has already been declared a vexatious litigant in Utah, continues to file motions without setting hearing dates, and fails to comply with court orders to appear in... View More 
answered on May 9, 2025
There are no official forms in Oklahoma for family law matters as you have described. Attorneys draft all of their own documents based on the applicable statutes and case law. I would suggest that you consult with an attorney in your local area to review your case in detail. Once the attorney... View More
As a stay-at-home mother, I did not work outside the home, and my husband controlled all financial aspects of our marriage. I'm in the process of filing for divorce, and I'm unsure how my lack of employment might affect the financial arrangements, especially regarding spousal support and... View More
answered on May 9, 2025
It will influence your entitlement (duration and amount) to spousal support. If there are minor children involved, it may also impact child support and may even influence what type of parenting plan (aka custody) arrangement you can ask for. To maximize what you are entitled to, I strongly... View More
My grandparents had full custody of my sister and me. They bought a home together in 1990. My grandmother passed away 11 years ago, and my grandfather remarried her sister. He recently passed away without a will or trust, leaving the house in his and my grandmother's names. His second wife... View More
answered on May 9, 2025
The answer to your question depends on the size of the estate and the value of the house. Your grandfather's estate can (and should) be probated even though he didn't have a will. This would be an 'intestate' probate, and anyone can open the probate after more than 40 days have... 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
I live in a condominium and have a neighbor who abuses marijuana, other drugs, and alcohol. He is aggressive and often hosts similar individuals on his patio, which is next to mine. This disturbance makes it difficult for me to open my windows or use my yard peacefully, and during winter, the smell... View More
answered on May 9, 2025
First of all, does the condominium Association impose any restriction on smoking by the residents? If it does, you need to address your concerns with the condominium Association. Many condominium associations have restrictions on nuisance smoke, particularly smoke resulting from the use of... View More
I am considering donating sperm to a friend in New Jersey without going through a licensed physician. We plan to have a notarized letter stating my lack of parental rights and responsibilities to avoid any future child support claims. I have no intention of being involved in the child's life.... View More
answered on May 9, 2025
I think the couple seeking the sperm donation are making a mistake, and for whatever money they save by not complying with the statute, it's not worth the risk.
I would also suggest that the statute does not require a medical specialist to handle the insemination procedure in a... View More
I have been contacted by child protection services regarding a domestic dispute involving my girlfriend and her ex-partner. Although I have not received a formal written request, the caseworker set up an appointment for me to complete a drug screen, which I did not attend. I consider my... View More
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answered on May 9, 2025
Even if you did not get a written notice, unless you think the phone call was fake (usually I would expect something in writing. But if you are in doubt, then call CPS and ask. If you have nothing to hide take the test. If you do at some point find yourself involved in a domestic violence... 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 want to know how much time someone might face in a case of child neglect if they were present at a home but did not reside there. The child, around 8 or 9 years old, was neglected by his mother regarding education and wasn’t enrolled in school. The person being charged initially spoke to the... View More
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answered on May 8, 2025
The range of punishment for the crime of child neglect is very broad (not exceeding life in prison), because these types of cases vary greatly. The defendant must be someone responsible for the health, safety, or welfare of the child. If that is not the case, then the person may not be guilty of... View More
I am a California resident seeking an annulment based on fraud, misrepresentation, and bigamy. My spouse and I married in Las Vegas, and I am currently filing for an annulment in Nevada without a Nevada residency requirement. A default is filed, and I'm waiting for court approval without a... View More
answered on May 8, 2025
You already have an open case in Nevada with a default pending. Why would you file another case in California? Why would you file for divorce when you believe your marriage is void and thus filed for nullity in Nevada? Your marriage was either valid or it was not. If your spouse was married to... 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 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 want to sign permission for my 13-year-old son to travel with his father, whom he lives with full-time, and his father's family on a cruise to Bermuda. I have visitation rights with my son, and the cruise company requires both parents' signatures for consent. Will I be held liable if my... View More
answered on May 8, 2025
If your son embarks on the cruise, I hope that he enjoys a safe and enjoyable trip with the family. From the standpoint of maritime law and cruise ship protocols, you or the child's father could be presented with certain waivers of liability to sign, depending on the cruise line. These could... View More
I have been served papers for a change in our parenting plan in Marion County. I have recently moved, but I continue to follow the current plan and spend time with my daughter. The mother has requested changes due to my move and other unspecified reasons. What should be my response to the requested... View More
answered on May 8, 2025
You should respond to the allegations with reasons why you oppose the changes requested. You are allowed to move so long as it does not disrupt the child's schedule or schooling. Your only legal obligation is to notify the other parent when you move of your new address. Speak with a local... 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 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
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answered on May 7, 2025
Without any custody Orders in place, you wouldn't be able to stop the Father from taking the child to meet his Grandpa.
If you file a petition in Suit Affecting the Parent Child Relationship, you can ask a Court to enjoin the child from seeing the Grandfather, but you will have to show... View More
I have 50/50 joint legal and physical custody of my child with my former spouse, and I am ordered to pay child support due to income disparity. Since our divorce was finalized 4 months ago, our child has been living with me full-time, with no modifications to the custody arrangement. My ex-spouse... View More
answered on May 7, 2025
Absolutely not. Support is due and owing and nonmodifiable each month. The best course of action would be to file to modify and you should be able to stop the support accruing, but you won't be able to go back after her to recoup what you paid unfairly, unfortunately.
I have 50/50 joint legal and physical custody of my child with my former spouse, and I am ordered to pay child support due to income disparity. Since our divorce was finalized 4 months ago, our child has been living with me full-time, with no modifications to the custody arrangement. My ex-spouse... View More
answered on May 7, 2025
You should file a modification action promptly if you want to change custody and child support. Generally, the Court can't modify child support back sooner than the month after filing. The court can do a later date but generally can't order an earlier date. If you continue to pay child... View More
I am a California resident looking to hire a Virginia resident lawyer to draft a prenuptial agreement governed by California law. I seek advice on whether a non-local lawyer would be knowledgeable about California prenuptial agreements. Specifically, I need to include a spousal support/alimony... View More
answered on May 7, 2025
I think you are better off retaining California counsel who tells you they are familiar with or can become familiar with the federal pension issues. The Federal Government is in California and protecting pensions from it is part of a California lawyer's role when preparing a prenup. Further,... View More
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