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I have just learned from my 4 yr old that her father is

Hi, i have just learned from my 4 yr old that her father is having an affair with my 18 yr old daughter from another marriage. My 4 yr says that her daddy and her sister sleep together. I'm scared to death that i will have to explain this relationship to my 4 yr old someday. Can i get a protective order againist her father, and get sole custody with no visitation rights?JA: Because family law varies from place to place, can you tell me what state this is in?Customer: West VirginiaJA: Has anything been filed or reported?Customer: Nothing has been filed. We currently have an agreement that allows him weekend visitation. But no evidence of his affair. I was thinking of hiring an investigator.JA: Anything else you want the lawyer to know before I connect you?Customer: Not at this time.

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FamilyAnswer

Juris Doctor

33,936 satisfied customers
I am trying to get my X wife to agree to a modification. I

I am trying to get my X wife to agree to a modification.I have already filed the modification, but I can tell it will be dragged out and I may end up paying her legal feesIs there something I can write in an email that says this is a settlement offer and can not be used in court against me?I know when we were ordered to mediation the judge would not allow anything said in mediation to be brought up in court that is what I'm looking for

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FamilyAnswer

Juris Doctor

33,936 satisfied customers
I have two children with my ex-boyfriend. We have never live

I have two children with my ex-boyfriend . We have never live together and I have full physical custody of them both . He signed a stipulation in his divorce papers that reads " his other children are not allowed to be around myself or our two little children until he has done everything possible to get an annulment and their therapist approves it" it was a very messy and complicated divorce but long story short..... my question is if I were to die , my little children I have with him would not automatically be turned over to him because of the stipulation .....? Would he still have to make sure he had an annullment because of the divorce decree?JA: Because family law varies from place to place, can you tell me what state this is in?Customer: MnJA: Has anything been filed or reported?Customer: His divorce decree is finalized yes His divorce decree is finalized yesJA: Anything else you want the lawyer to know before I connect you?Customer: But he has not started an annulment process

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RobertJDFL

Attorney

Juris Doctorate

13,832 satisfied customers
I live in Kansas. My daughter and my three year old

I live in Kansas. My daughter and my three year old granddaughter live with us. On Sunday, Feb. 5, the biological dad, who lives in Carl Junction, MO, asked if he could take Cephie (my granddaughter) out for ice cream and they would be back around 4:30 pm. He did not bring her back but he sent my daughter (Cephie's mom) a text "I will be keeping Percephany over night." My daughter (Laura) replied that no, he could not. Cephie really does not know him, and the four or give times he has planned to see her, he did not show up. Long story short, my daughter went to his house to pick up her daughter. He had already filed a claim of abuse (as he has four or five other times-and each investigation was unsubstantiated. The Carl Junction, MO police department was there and said that since there was an "ongoing investigation of abuse", they would not let my daughter have her child. On Monday, Feb. 6th, a police officer served us (my daughter) with an Order of Protection, barring her from having any contact with the bio dad, or her child. We contacted our police dept. here in Arma, KS which is where bio dad filed the complaint, which they turned into Ks DCF. Our police department here said they have heard nothing at all from DCF. We have heard nothing. All they can tell us is that Cephie is in Carl Junction, MO, which we already knew. Please, any advice would be helpful. I should add that bio dad beat on my daughter, an ex-girlfriend of his, and his current wife. He is a functioning alcoholic. My daughter applied for help through Kansas Legal Services, but they turned the case down stating that they only receive a limited amount of funding. Thank you for listening. My daughter is the custodial parent, she has sole custody. He has never wanted this child. I believe they reworked his child support amount and that made him angry.

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LawTalk

Attorney at Law

Juris Doctor

35,884 satisfied customers
I am 5 months pregnant. I've been in a relationship for 8

I am 5 months pregnant. I've been in a relationship for 8 years. Separated for a few months. Got pregnant in the mean time by someone else. Worked things out with the person I've been in a relationship with we have 2 children together. Can I put him instead of the bio father on the birth certificate since the bio father hasn't been apart of my pregnancy and is only seeking child support from me. I want this child to share the same last name as her brother and sisterJA: Because family law varies from place to place, can you tell me what state this is in?Customer: Santa Clarita CaliforniaJA: Has anything been filed or reported?Customer: No She isn't born yetJA: Anything else you want the lawyer to know before I connect you?Customer: I feel the bio father is just trying to financially benefit off of her. He's already demanding child support.

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Lucy, Esq.

Juris Doctor

32,526 satisfied customers
Does a dissenting opinion in an appellate case hold any

Does a dissenting opinion in an appellate case hold any merit if it conflicts with the prior majority analysis of other courts?For example Stepp v. Stepp 1988 was a milestone case for the shared parental responsibility law being applied to unwed parents just as it would married parents, stating that there be no need for the unwed father to find the mother unfit.Turn now to Bainbridge v. Pratt 2011, which the dissenting opinion would seem to turn prior decisions on its head and add the substantial change test, which is similar to the finding of unfitness, to initial determinations for custody.Which opinion controls what tests are applied to initial custody determinations when you still have laws like 744.301 and 742.031 that grants sole custodial rights to the unwed mother?

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JD 1992

Juris Doctor

37,198 satisfied customers
I'm having an issue with child custody. My daughter is

Hello, i'm having an issue with child custody. My daughter is currently serking a divorce from her husband whic none have custody if my grandson. My daughter ask me to look after my grandson until she gets herself together. The father cane to visit his son and took him from my care. I have all his belongings. The father will nit let the mother or mysrlf see my grandson. What can i do asca concerned grandmother.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: PaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: Theres a court date set for March 9, 2017

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FamilyAnswer

Juris Doctor

33,936 satisfied customers
I recently found out my oldest daughter has created a CPS

I recently found out my oldest daughter has created a CPS case against me. Falsely accusing me of abusing her sisters whom are 13 and 16. She is asking for custody and the child support her father pays me every mth. I love my kids and am not harming them. However I have let them go to stay with their sister due to them constantly screaming at me and making up more lies. If I do decide to grant her custody; will she be awarded the child support? Their father is currently $90,000 behind and pays me around $800.00 mthly even though he is court order to pay me $1400.00 mthly. Should I fight CPS? I Am exhausted by the stress of the whole situation and the lies. Please help.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: AzJA: Have you talked to a lawyer yet?Customer: No I really can't afford a lawyer. With out the child support I make less than $2000.00 a mth. Which in Az is just enough to receive assistance.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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LawTalk

Attorney at Law

Juris Doctor

35,884 satisfied customers
I am in the process of filing for custody of my daughter who

Hello, I am in the process of filing for custody of my daughter who resides in IL, but I have moved to Ohio. My daughter is 13 and wants to move here to OH with me and my wife and our newborn son. Her mother is having her enroll in the local HS for freshmen year. She asked us if she should and we are not sure of what the answer is. Can you assist?JA: Has anything been filed or reported?Customer: the mother is getting served today with the papers. I filed for custody based on my daughter wanting to start HS here and she told her mom at Christmas. the paperwork was filed a few weeks ago and the sheriffs office told me today they will serve her todayJA: Anything else you want the lawyer to know before I connect you?Customer: Yes - we are able to enroll her in the HS here once we have custody paperwork to have her move here.

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,852 satisfied customers
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