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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas Divorce - Personal jurisdiction over non-resident spouse

I moved to TX about 8 months ago for a new job, so i am eligible to file here. spouse still lives/works in CT where we lived for 15 years and own a house. we have never lived in TX and do not own a property here. spouse is planning to visit TX for the first time ever. if he is served divorce papers... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Your question concerns what is called "tag". "tagging", or "transient" jurisdiction. One traditional way in which a court can acquire personal jurisdiction over a defendant is by personal service of process within the jurisdiction. "Tagging" raises the... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is there any laws for default jurisdiction?

My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.

I dismissed her because we weren’t in... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

Every state has a jurisdiction requirement for filing lawsuits. In Florida (and many other states), in order to file for divorce one party has to have lived in the state for at least six months. Wherever you decide to file, you must meet the jurisdiction requirements. Speak with a local family... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is there any laws for default jurisdiction?

My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.

I dismissed her because we weren’t in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2024

You indicated that each of you "dismissed" the other spouse. A party to a case cannot dismiss a case filed by another party. Do you mean that the respective courts dismissed both cases? If so, when a motion to dismiss was filed, you should have responded that you "retained [y]our... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: Can 2 minors my mother has temp custody of come live with me and my wife while we are petitioning for adoption/guardian

My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.

That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent...
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2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for California on
Q: Can I take ownership/control of property owned by my sister who is on drugs, brain damaged and lives homeless?

Sister on drugs (lifetime), homeless by choice (brain permanently damaged - drugs). Mom helped her spend her inheritance from father (now deceased) to buy a home for her and her kids. State took her kids from her (due to drugs and mental issues), and she "ran away" from her house to be... View More

Julie King
Julie King
answered on Sep 6, 2024

You'd need to become her conservator. Conservatorships have notice and other requirements to be sure someone isn't "railroading" a relative and becoming a conservator just so they can steal the disabled person's assets. I'm NOT saying that is what you are doing.... View More

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2 Answers | Asked in Family Law for Colorado on
Q: Will I be in trouble for not paying attorney fees ordered by judge to other party? Is there a CO family code 2030?

My child was sick over night on the day I had court hearing with her father. I provided the court with a doctor’s note and I submitted a motion immediately the morning of. But I continue to be ordered to pay. Plus, I cannot afford to pay it. My outcome is more than my monthly income.

Cindy Perusse
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Cindy Perusse
answered on Sep 6, 2024

Bottom line is a court order has to be followed. Will you be thrown in jail? No. The other party who was awarded fees would have to be the one to file a motion for contempt if he or she chooses that route. The other way people enforce a judgement for fees is to do what anyone else does to... View More

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2 Answers | Asked in Family Law for Colorado on
Q: Will I be in trouble for not paying attorney fees ordered by judge to other party? Is there a CO family code 2030?

My child was sick over night on the day I had court hearing with her father. I provided the court with a doctor’s note and I submitted a motion immediately the morning of. But I continue to be ordered to pay. Plus, I cannot afford to pay it. My outcome is more than my monthly income.

Joel Hassell
Joel Hassell
answered on Sep 6, 2024

I agree with the other attorney's answer. Also, it's important to know that Colorado does not have a "Family Code Section 2030" like California does, which deals with attorney fees in family law cases. However, in Colorado, the court can still order one party to pay the other... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have out state parenting plan from GA and would like to enforce that in Tampa Florida.

Do you know if that can be done and how?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

As long as one of the parents or the child lives in Tampa then you can file a motion for enforcement. You may need to attache a certified copy of the Georgia court order (parenting plan). Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Probate for Washington on
Q: I would like the process of filing an Ancillary Probate/TERDA in Washington State and possible scenarios.

I am trying to find out what COULD happen if I file in Washington. Thank you for your time.

Janta Steele
Janta Steele
answered on Sep 6, 2024

Good morning!

An ancillary probate in Washington is usually needed if the deceased lived in another state and owned property in his or her name in Washington state. A TEDRA action allows you enforce your rights when it comes to a Washington trust, estate, or probate.

Can you...
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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Can a custodial parent submit doctors bills after the decree is completed?

The child support decree ended on my son’s 18th birthday and the mother sent me doctor bills from 11 months ago after the decree ended.

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

A decree doesn't always "end" on a child's 18th birthday, and definitely does not if the child is still in high school. If the bills were incurred while your child was a minor or in high school, you may still owe. Consult with an attorney who can review your decree and give you specific advice.

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2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Can a custodial parent submit doctors bills after the decree is completed?

The child support decree ended on my son’s 18th birthday and the mother sent me doctor bills from 11 months ago after the decree ended.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 9, 2024

That depends on any language in a previous order pertaining to when medical bills needed to be sent in order to be paid. if there is a deadline within which the custodial parent has to notify you of said bill and that deadline passed, then the Court may determine you do not have to pay your... View More

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2 Answers | Asked in Domestic Violence, Family Law and Immigration Law for Arizona on
Q: So how can I get my husband out of ice custody for removal he was deported once on domestic charge and then came back in

The us married a us citizen but then gets a warrant for not going to court to now he’s got a removal date what can I do

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 5, 2024

Your spouse faces an uphill removal proceedings battle:

1. He was deemed removable prior based on his criminal conviction of domestic battery

2. He re entered the United States which constituted another criminal infraction based on his procedural history,

3. While in the...
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1 Answer | Asked in Family Law for Florida on
Q: Who can I call to see my daughter legally
Destardes Moore
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Destardes Moore
answered on Sep 4, 2024

The answer to your questions depends on the specific facts of your case. If there is a timesharing order in place, you must adhere to the terms of that order. If the opposing party is violating the order, you can file a motion for contempt in the same court where the order was issued. If no... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Anyway I can terminate child support?

I had a baby out of wedlock she put me on support and won’t let me see the child due to not being legitimized, anyway to terminate the support?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

No, a court does not allow a father to terminate a child support order because he does not see the child. If you want visitation you will have to file the proper action and seek those rights. You could be paying child support for 18 years and never see the child. You will need to take the mother... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Can my child still decide not to go to his fathers even with a court order now that he is 14?

In November 2023 I finally took my sons father to court for child support after receiving no help for 14years other than cash app of $20 every so often. We signed documents stating he would go to his fathers every other weekend and every other week during the summer. His father however changed the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

The answer to your original question is no. Your 14 year old child cannot decide he is no longer going to go to visit his father. If you want to change the visitation and/or remove some visitation, you will have to take the father back to court. But if you do not send the child, you could be... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: I have a cs case in GA with an arrears balance only The other parent has agreed to close the case. Can I get a passport?

Once the case is closed, will it update with the passport agency so I can apply for a passport and get approved.

The custodial parent has agreed to close the case because we settled on an amount.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

Simply because the custodial parent has agreed to close the case and even if they do close the case, all they are doing to closing a case with child support enforcement. Your arrears are not disappearing. You still owe arrears and can still be prevented from obtaining a passport. Closing that... View More

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What part am I responsible for legally?

We agreed to split extracurricular activities 50/50 as long as I am notified within thirty days of the cost. She signed our son up in January and agreed to pay 8 installment payments but didn’t notify me until the end of August and is asking for the full amount. I’m also not listed anywhere on... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

The question you need to ask yourself is do you ever want to be in court explaining why you refused to pay your share, and using the argument that you were notified late, on a payment plan? If the answer is yes, then you can refuse to pay. But I would consider how it would look to a judge, for... View More

1 Answer | Asked in Family Law, Child Custody and Legal Malpractice for Georgia on
Q: Help needed asap!!

Hello!

I am from Georgia. My sons late grandfather has had custody of him since he was small due to the hostile nature mine and my sons late fathers relationship. Since my sons grandfather has passed away, I have been sent paper work that has been nothing but LIES! How do I go about filing... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

It is uncertain what papers you were served with that contained false statements. I would suggest you speak directly to an attorney so you can explain what action has been filed, what papers you were served with, and get some clarity.

1 Answer | Asked in Family Law for Georgia on
Q: If the father of my son gets legitimized does this prevent me from moving to another state for job advancement with son

He will be 2 in November and I work for the VA.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

The court will determine where the child should be regarding custody, visitation, child support, and any other matters, which include where the child will live on a permanent basis. If the court determines that the child cannot be removed from the jurisdiction, they will state that in an Order.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: How does a divorce work in Ga while I am a housewife with no access to money..Everything is in my husbands name.

We have been married for 20 years and we chose for me to a be stay at home mom..We have successfully raised two adult children…We have a 7 year little girl now. As of today, I feel he is having an affair and getting ready to ask for divorce..I need to get information of my rights and get my self... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

If you have no access to bank accounts and cash, I would use credit cards, borrow money from family & friends, or whatever you have to do, to hire an attorney. Once you use those funds to retain an attorney, that attorney can seek funds from the court on a temporary basis to pay your... View More

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