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Recent Family Court questions

Income tax question. One parent had custodial custody of

Income tax question.One parent had custodial custody of child for six months and the other had temporary custodial custody for six months....can both claim dependent on income tax? We heard of the tie breaker law that parent with the highest income gets to claim the dependent. In this case the parent with the highest income has already filled out tax papers claiming dependent without the knowledge or consent of the other. What is the benefit of the parent filling first ?

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,836 satisfied customers
I have been in a family court case NYC for four years

I have been in a family court case NYC for four years because I was talking to my daughter about the case. I am still going through supervised visits. My daughter called me last week and indicated that her mother told her about one of our conversations and mentioned court issues. In other words, her mother has been talking to her about court related issues. I do not have a lawyer. What should I be doing...JA: Since laws vary from place to place, what state is this in?Customer: NYJA: Have you talked to a lawyer yet?Customer: I do not have the reourcesJA: Anything else you want the lawyer to know before I connect you?Customer: that's it

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LegalGems

Juris Doctorate

16,092 satisfied customers
If a wife inherits commercial real estate, and, through the

If a wife inherits commercial real estate, and, through the efforts of the husband, a tenant is found and a least negotiated, is that lease considered marital property for purposes of equitable distribution?

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Ely

Counselor at Law

Juris Doctor

67,968 satisfied customers
If a couple who had been divorced almost three years ago and

If a couple who had been divorced almost three years ago and share two kids and decides to obtain an order of protection against ex AND named the children on the OPP banning the Mom from seeing the kids at all, does the plaintiff parent assume all custody for the children for the duration of time order is in place (one year)?

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,836 satisfied customers
I sent you an update of my question regarding

Dear Sir, I sent you an update of my question regarding interjurisdictional enforcement of a*****order for child support payments(new York and Canada). I appreciate your input and expertise and would allow like to know how family court deals with supports orders where the person awarded payments does not try to enforce, use the court or request for payments until a decade later. Thank you.

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Alex J. Esq.

Managing Attorney

Doctoral Degree

22,646 satisfied customers
I have a case in family court (complaint for modification)

I have a case in family court (complaint for modification) where the failure of the attorney to act as repeatedly requested on a timely basis and her failure to bring critical information to the court about the abuse and neglect of my daughter during a trial that has dragged on for four years (I was pro se for a year, then she took the case -- assigned by a state agency -- in 2014) has damaged my case. As a result, I am in a position where simply withdrawing the case and pursuing the issues through other means (including professional complaints) may be the most effective way to proceed. If so, I am wondering whether or not to fully apprise this judge of what has gone on before withdrawing the complaint (the other side never filed a response to the complaint, so I don't need the court's permission to withdraw) and, if so, how to do that. Thank you.

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Phillips Esq.

Attorney

Juris Doctor

20,662 satisfied customers
MY Children were removed unjustly by CPS when CPS worker

MY Children were removed unjustly by CPS when CPS worker filed an affidavit withholding material and exculpatory information. Case was dismissed after three court appearances. Judge never heard my side because counsel I hired advised to waive the first hearing. CPS dropped case on third appearance after I refused to cooperate or settle the case. The worker was never held accountable for her actions. I have sought counsel to file a suit and it seems their are very few attorneys that will do this work because of qualified immunity that KY CPS works have. My children were removed because of a 2015 trafficking offense committed by my boyfriend in front of my residence. I was not home at the time. I was not implicated in the offense nor did I have knowledge until a year later when he was arrested. The children were removed two months after his arrest. The date of the offense, my lack of involvement, and lack of knowledge were left out of the affidavit. I have no criminal history or history with CPS. Can you advise what my avenues are to address this acton taken against me. I spent 2000 on attorney fees, 200 on drug testing (negative), and spent two weeks with restricted visitation with my children.JA: Can you tell me what state this is in?Customer: kentuckyJA: Have you talked to a lawyer yet?Customer: the lawyer I hired for family court advised to follow CPS Plan. I refused because I did nothing wrong. several constitutional lawyers I talked to said they don't do that work. Talked about immunity for CPS and not cost effective for their time.JA: Anything else you want the lawyer to know before I connect you?Customer: Case was dismissed in family court. But it is disheartening to see an official lie and mislead on an affidavit to cover her own incompetency's. She basically circumvented the judge by not giving him the facts.

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Phillips Esq.

Attorney

Juris Doctor

20,662 satisfied customers
To Family Lawyer Ray: HERE IS THE ORIGINAL CHECKLIST FOR

To Family Lawyer Ray:HERE IS THE ORIGINAL CHECKLIST FOR HELP IN ANSWERING MY BELOW QUESTIONS (i have 2 questions here):1. 12.900(h) Notice of Related Cases2. 12.901(b)(3) Petition for Dissolution of Marriage with No Dependent or Minor Children or Property3. 12.902(b) Family Law Financial Affidavit (Short Form)4. 12.902(c) Family Law Financial Affidavit5. 12.902(i) Affidavit of Corroborating Witness6. 12.902(j) Notice of Social Security Number7. 12.903(a) Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage8. 12.928 Cover Sheet for Family Court Cases9. 12.990(b)(3) Final Judgment of Dissolution of Marriage with No Property or Dependent or Minor Children10. 12.900(a) Nonlawyer Disclosure11. 12.910(a) Summons: Personal Service on an Individual12. 12.910(b) Process Service Memorandum13. 12.914 Certificate of Service14. 12.915 Designation of Current Mailing and E-mail Address15. 12.923 Notice of Hearing16. 12.932 Certificate of Compliance with Mandatory Disclosure+ACCEPTANCE AND WAIVER OF SERVICEOF PROCESS BY SHERIFF (Form)=================================================================Question 1: Below is reference to Items 11-13 in above checklist. Since she is signing that "ACCEPTANCE AND WAIVER OF SERVICE" document, am I correct in that the below forms are not needed?http://www.flcourts.org/core/fileparse.php/293/urlt/910a.pdfhttp://www.flcourts.org/core/fileparse.php/533/urlt/910b.pdfhttp://www.flcourts.org/core/fileparse.php/533/urlt/914.pdfQuestion 2: Item #15 is called "Notice of Hearing" Please find it at link below:http://www.flcourts.org/core/fileparse.php/533/urlt/923.pdfIs this something my friend NEEDS TO MAIL TO HIS EX ONCE HE GETS A FINAL HEARING DATE, OR IS IT REQUIRED TO BE FILED AT THE SAME TIME ORIGINALLY WITH ALL OF HIS OTHER DOCUMENTS????Thank you, sir.

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RayAnswers

Lawyer

Doctoral Degree

40,192 satisfied customers
Ely! My question is about back child support. My child

Hello Ely! My question is about back child support.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: My child support order is out of the state of Ky. But Washington state is collecting my back support.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: yes

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Ely

Counselor at Law

Juris Doctor

67,968 satisfied customers
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