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Questions About Family Court Rules

A Family Court deals with many things relating to family issues including: marriage, civil unions, domestic partnership, spousal abuse, legitimacy, surrogacy, child abuse, and child abduction. When dealing with family court appeals or cases, most individuals may not always be aware of their rights, legal standing or the direction they need to go. Experts on JustAnswer provide quick answers to many questions regarding family court and family law. Below are answers by Family Lawyers on JustAnswer have to the most commonly asked questions about the family court system.

What can happen in family court when one parent wrongly accuses the other of abusing and neglecting the children?

This type of a situation is quite common in family courts, especially during a fight for child custody. The accusing parent will need just more than their word when they present their case in a family court. Likewise, the accused parent can bring in witnesses stating that they do not neglect or abuse their children, and that the accusing parent is just trying to get custody. If as a parent, you feel you might be wrongly accused by your spouse, it would be wise to create documentary evidence whenever a child falls or even gets a cut or scrape. You could consider taking pictures, dating them and building documentary evidence to explain what happened. If you are not sure of your situation, you can explain the specifics of your case to Family Lawyers on JustAnswers and get their expert opinion and legal insights.

What happens if someone is breaking family court orders?

You may want to consider a contempt action to take the person breaking court orders back to court. Maintain a record of every violation of the court order and build documentary evidence of each violation. In the contempt hearing, tell the judge with the help of the evidence you have built that the other person is disregarding the orders. When someone breaks family court orders it is considered as contempt of the court. The punishment for breaking court orders can be jail, fine or a warning the offender that action will be taken against them if they continue to break the family court orders. Typically the offender will have to pay court costs.

What happens if someone lies under oath in a family court and it is proven that they lied?

In most cases, it depends on the judge is and what the judge wants to do under the particular circumstances of the case. It’s usually a discretionary action that a judge takes on a case to case basis. The judge will usually base the decision on the assessment of the impact and gravity of the lie and how bad the situation is.

How long does someone have to appeal in family court for custody or visitation rights?

Usually, the time limit to file an appeal is 60 days from the date of the notice on the judgment. An appeal cannot be filed while a case is still open. The case must be closed before one can appeal in a superior court.

In the state of Kentucky if sole custody is granted to one parent, can the children play on a team that the other parent coaches?

The parent with the sole custody is responsible for the child’s upbringings. In other words, the custodial parent makes the decisions for the children, including which sports that their child plays. So if they decide not to let them play because the other parent coaches the team it is entirely up to them and within their rights.

Matters concerning sole custody, family law issues and the family court system can be confusing. It is natural to have questions like: Is it breaking court orders if we do this? Or will this break court orders if we do that? In such situations, you can let Family Lawyers on JustAnswer answer your questions.
 
 
 

Recent Family Court Questions

 
 
 
  • My ex boyfriend and I have a child together she is 6. We have

    My ex boyfriend and I have a child together she is 6. We have nothing in writing for visitation. two weeks ago hw lost control of his anger and grabbed her out of my car causing bruising and tried to run off with her. I pressed charges and got a order of protection. We went to court two days ago and he pleaded not guilty. Now we have to go to a jury court. I have never done this. I have to prove he did this? What do I have to do? I am confused of all this. What should I expect? Should I have a lawyer? I know I am in the right.
  • I am looking for child tax credits entitlement advice in a

    I am looking for child tax credits entitlement advice in a joint child custody arrangement that is not being abided by.

    I have a joint custody arrangement agreed through mediation in the family court that consists on me (the mother) looking after our daughter for 7 days and my ex husband taking her for the next 7 days, and we alternate like this. On this basis, it is also agreed that we alternate the years we claim child tax credit. He claimed her on his taxes in 2012 and I claimed her this year. However the agreement has not been stuck to and my ex husband has been taking our daughter from Friday nights until Sundays 5pm, if that. So, when I spoke to a tax specialist at a large firm they assured me of the IRS 'tie breaker rule' that states if you take your child to school and they live with you during the week (which is the case for me) that I would be entitled to claim her on my taxes again in 2014 and that this would overide the custody court agreement, since it is not being met. I just want to calrify that this IS the case as I do not want to get in trouble if I claim my daughter on my taxes when in the agreement it says it is my ex husband's year to claim her.
  • Hello, I am in a horrible situation in Family Court. I have

    Hello,
    I am in a horrible situation in Family Court. I have been falsely accused by my ex and ACS is completely out of control.
    I am in a position now where they "want" to give me unsupervised visits now that they have figured out I didn't do any of the absurd things I have been accused of and I have been seeing my child for the past year supervised by ACS and an independent agency in CT (I am in NYC and so is the court).
    The court wants me to go to a particular place and even with a very particular person. I have had to pay $340 for "intake" fee's for me and the father at this point and now they want me to pay $65hr for this person to see 103pages of materials from ACS. These materials include original petitions that were NEVER PROVEN and a bunch of Mental Health Services reports.
    I feel this is not fair. This person "supervising" the visits does not need this information. For what? I cannot think of any other reason other than to bias them against me.
    The MHS reports are not that bad, but it seems this LSW (social worker) is being given far more than is necessary and I have been going to visits for almost a year with a place that never got these materials.
    I think I am walking into a landmine. I think they know I have a lawsuit because they should not have kept my child from me and it has done damage to my child to be ripped from my home and nurturing at such a tender age. I feel as though I am being set up. How could this person possibly be neutral? they get their business from ACS and ACS actually underlined and put stars by some of the parts of the 103 pages that also included their own petitions against me and affidavits.
    Is this legal? Is it legal for them to bias a person so much before I am to have a visit with my child in hopes that it's fairly observed and properly reported? this feels weird.
    Any information and or advice is greatly appreciated.
    Thank you.
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