Family Law

Family Law

Often times, family law attorneys fall into playing the role of therapist as opposed to actually practicing law in Family law matters. Although, as a parent, burdens can feel lifted in the venting process, this can very quickly eat up your retainer when the focus should be on what your next strategy will be in court.

Family law is a very challenging area of the law for different reasons. Generally, a marital dissolution action has the ability to cross over into various areas of the legal realm. Consequently, you have to prepared to deal with a multitude of issues that may simultaneously cross over into the dissolution action such as domestic violence issues; contract disputes; criminal actions; issues related to the valuation of businesses; issues related to the characterization of stock options/awards; high income support issues; and tangled; messy custody issues, to name a few.

Family issues come at two times, in good times and bad times. As a parent the safety of your family and specifically your children should be the most important priorities for you.

Family law has become one of the most difficult areas of law to part take in due to the potential tension and stresses involved between two parties.

Even though this may be a hard time for you and your children, it is a temporary situation to go through so you can secure your rights as a parent in family court.

Family law categorizes the following related matters:

  • Motion to modify
  • Declarations
  • Discovery processes
  • Child custody modifications
  • Child visitation or parenting time modifications
  • Child and spousal support modifications
  • Dissolution of marriages
  • Guardianship modifications

As a parent advocate group, About The Children’s goal is to help you gather all the information that will be most effective in support of your request to the court, and help you prepare yourself to approach the process.

To learn more on how to get help with a situation that you believe is related to family court Go to – www.AboutTheChildren.org

Feel free to contact us with any questions – 800 787 4981

This information is not legal advice or legal counsel and does not apply to all situations or circumstances. Contact a local family attorney if you are seeking legal advice and counsel.

31 comments on “Family Law
  1. Kevin Walker says:

    I divorce in 2006, two children one daughter who will be 20 years old in April 2013 and one son 16 years old. I have no child support arrears and my monthly payroll deductions, presently is $1,005.00. My daughter is in college, which I support via a transfer of 24 month of my wartime GI bill. She receives monthly payment for books tuition and cash stipend for living expenses. I have repeatedly ask that the mother reduce the child support in view of my contribution, but she has not responded in favorable manner. What action can I take to recieve a reduction in the monthly payroll deductions ?

    • Hello Kevin,

      In this kind of situation, usually the way to reduce a child support amount is to be able to prove that your income has changed since the last support order was put in place. Your daughter is now in college and typically support orders extend through till a child is finished with college. Being that your daughter is no longer a minor, she can visit you whenever she wants. With your son, you can consider asking for more over-night visitation in a modified court order. If you get more over-night time with him that can potentially reduce the amount of support you pay.
      Depending on what you want to explore we can help you with this. Let us know how we can help you Kevin.

  2. Mrs. W. P. says:

    I need free legal aid service to request for our immediate family’s grandparents inheritance.
    We waited over a year & now want to contest the 2nd will drawn up to exclude us.
    We feel that hate crimes were committed against our immediate family members.

    • Greetings Mrs WP,

      This type of situation isn’t something that we deal with unfortunately. I would suggest you consult with a local estate attorney to find out how you can proceed with this matter. Do some searches in your local area for estate lawyers that offer free consultations. Best of success to you with this situation.

  3. My ex got custody of our 3 kids and i was given weekend vist from sat 6 pm till sun 6pm but he is mad at me cause i told his girlfriend that he wont stop asking me to have sex with him after telling him many times to stop. well am going on 6 months not seeing or knowing how they are doing he wont answear my calls or texts and when i called police and told them it was court orderd they said it wasnt thier problem . please help me . also i have a 6&7 yr old at home that cry cause they miss thier sibblings.

    • Hello April,

      Having weekend visitations is a start. Sorry to hear that the police are not being of any help in this matter. Since he is refusing visitation that is specified in your court order you can potentially hold him in contempt. As you said, this has been going on for 6 months so the order that you have is not working. We’d like to help you get back in court so you can re-unite with your children. Please contact us directly and we will connect you with a parent advocate.

  4. Terry jones says:

    Please help. My husband has been helping me raise my son going on nine years now. His father walked back into his life three years ago. He is trying to change everything, he has coutr ordered visitatation which he does not abide by all the rules. We were back in court today, the judge ordered that my son is no longer allowed to call my husband daddy. my husband has put more time into raising my son than what his father has. I never forced him to call my husband daddy, it was his choice. it was not a problem until his father complained about it. my husband and i are upset I dont know what to do? On top of that I live in Orlando and have to go to court in dade city that isnt fair either. What or is there anything i can do next?
    Terry

    • Hi Terry,

      This happens on occasion when a child begins to recognize another individual not biologically related to them as their mother or father. Its great that your husband has been there and will continue to be there for your son to care for him and yourself. Even if a judge says that your son cant call him dad, that’s something that can be hard to control and regulate on the courts behalf.

      Unfortunately most life situations aren’t fair, however it pushes us to be stronger and persevere. What is that you have to go back to court for? Are you or your ex attempting to modify a current order?

      If you have already filed something, then it is a pending decision by the court and it should be over soon so you wont have to keep going back and forth to the Dade City courts.

  5. Ashley says:

    Where do you go if the state threatened to take a mothers right but promised to keep her in constant touch if she gave up her rights. They relinquished her rights (as she requested due to the options she was given) The father who has seen the children a handful of times ever is now fighting for custody. The children are placed by the state with their other sibling in a maternal aunts house. The father is now being allowed 30 day home trial which takes 2 of the children away from the third child. With the states moto being “in the best interest of the child” and then doing something not in the interest of the child at all, who do you turn to? I am at a loss for where to turn. Please help!

    • Hi Ashley,

      It is odd that the state is allowing a 30 day trial with only 2 of the children instead of all 3. Their ages could be part of the decision making process. With a state’s involvement in child custody issues things can get very complicated. Are you a friend or relative of the mother or father? Typically, if a parent or both parents are found unfit this is when children are placed in foster care or with another relative that the courts feel are in the children’s best interests.

  6. yolanda wilson says:

    I have been taking care of both my girls every since birth, but now that my youngest daughters father came back in the picture he wants to have “physical custody” of her. I give him all the oppertunity to see her, even take her on outings,but I don’t appreciate him wanting to keep her away from me and her other sister. He believes its best that she stays with them being that its two of them in a household. I don’t believe that, let alone for him to, being that we both didn’t have our biological DAD in our homes. I want to know is it possible that he can take her out of a home and away from a family thats been in her life for the last 10 years? How can you help me?

    • Hi Yolanda,

      Typically, if there is no custody order in place for either parent, anything can happen. As long as you have records verifying that your children have been living with you the past years such as Dr and School records, this can help with receiving sole physical and legal custody of your children. The only way to protect your rights as a mother is to get a court order in place.
      If you require assistance with this process let us know. Take a look at some of our other posts on child custody, this is the post talked about issue on our site.

  7. Paul says:

    HI. My ex had a child while we were living together 16 years ago. We were never married. I thought the child was mine. She told me it was mine, and continued to do so for 11 years. Im sterile, do to radiation, and chemo. and cant have children, and was at that time 16 years ago. But in the moment, and being in love, so i thought, I just went with it. She admits now that he is not mine, and has told him. He, for some reason feels its my fault and hasnt talked to me in several years. Now he is coming at me cause they are in financial trouble, and is threatening to take me to court for support. Not sure why they arent going after the biological father but whatever. I live in Massachusetts. Will she win?

    • Hi Paul,

      If you didn’t take a paternity test or sign the birth certificate, she shouldn’t be able to get support from you. Most likely she doesn’t know where the bio-father is, so she is trying to go after you.
      It is too late at this time to take a paternity test since the child was born many years ago. Just be sure that the state doesn’t recognize you as the father, this really to best way to get out of paying support.

  8. marlen says:

    i have a case open sense 2009 for relocation my son is finally with me cause the father gave me the permission. i was suppose to have a court hearing today and they post poned it again for the 5 time im tired of it and me and my x husband want to dismiss that case what can i do.

    • Hi Marlen,

      Have the courts explained to you why the hearing keeps getting postponed for relocation? Now that your son is with you, it might be a good idea to look into getting custody.
      How long has he lived with you?

  9. rogge says:

    my ex and me was over about two and half years we have two children a girl and a boy we broke up and she stay livinng with my family for the pass three and half years we went to court 2011 we both have joint custody i give her physical custody because she was live with my family I knew that one day she would move and that was fine we agree that i would help with my children needs and she sign a letter with the welfare that she was not asking child support because she was live with my family and that I was helping her with the children. I took her to court because every time she angry with me she move back with her family and they wouldnt let me see my children and when thing get bad for her there see move back with my family and because of the children my family keep take her back in she was live with my family when i took her to court so we didnt have to stand in front of a judge.I had two days with my childrens and every other weekend. I have taking her back to court because many time she would say she move to the mainland and at one point she went and didnt come back for about one month she left the children back with my family and everytime she would call they would ask her when she coming back she dont know she would say im think maybe get my mom to bring them to her so now that she move out again I dont want to go to her family home and they tell me she when to the mainland so I took her to court again the judge wouldnt change the order because he said I need to show them negect im only asking for week to week one week her and the other week me my son had been through so much in his life for just beening two along with my girl.when she move out my son had been burn all over his body yup she wasnt at home but she leave a 14 or 15 year old to watch them 2 of them and that was the babysitter I didnt get a call intill she call my mom which was like the next day and then again she move back to my family home she now again move out and back to her family home because they give her a big room to live in im tired of this crap and took her to court this time the judge said no changes the order will stay the same intill I can show the court neglect.so what step do I need to make this court order change I dont want to hurt my children HELP

    • I understand your frustration with this matter involving your children.
      Please note that we are not a law firm and cannot give you any legal advice. The following is general information that pertains to these types of situations.

      To prove neglect, you are going to want to have photographs of the incident, police records, copies of any evaluations performed by trained professional physicians, pediatrician and maybe a psychologist.
      If you were just in court, typically you will need to wait another 6 months to file for another modification, unless you can confirm an extreme change happening with your situation such as domestic violence.

      Hope this information helps and best of success to you.

  10. Rachel King says:

    Grandparent seeking coustody of my grandchild in juvenile court !

  11. Do you have any blog posts that discuss the steps involved in appointing guardianship in the event both parents (not a divorced couple) die at the same time?

  12. Desirae says:

    i have been going threw hell, with my childrens great aunt(on fathers side)she has been brainwashing my children for the last four years. she is psychologically messing my children up. she wont allow me to be apart of my children’s school and activity schedule, eating and sleeping habits. she wont let me see them or them see me for holidays, birthdays, weekends.etc. i try to maintain a relationship with her but she does not go for it she wont answer the door, the phone, and if she does she always says no…no matter what i say or ask. i know there is a court order and she does not follow it i dont know what to do, i cant afford a lawyer. im lost. respectfully yours, a hurting mommy.

    • Thanks for writing in to us Desirae. Every mother should have a right to see her children in one form or another. If you already have a court order, and you know that she is not following it, the best thing you can do is get some proof that she is breaking the court order. Without knowing the details of your situation it’s clear that you want to be a part of your children’s lives and that you have their best interests at heart. Going to court with an attorney can be expensive and can take up a lot of time. What we do is help parents go to court and represent themselves by preparing the court documents they need to file to get their story in the hands of the judge. If you’re looking to get this issue back in the court room and modify the court order you already have, please give us a call or e-mail us to speak to a representative about how we can help you become a more prominent figure in your kids’ lives. Keep following our blog for more information that could help you win your case. Thanks you, we look forward to hearing from you.

      (800) 787-4981

  13. cassie says:

    . I have had my son and raised him by myself. Up until last year when i missed a court date and the judge gave custody of my son to the father, it wasnt even a custody case, i was taking him for support. she asked him what he wanted and he said primaary custody and she awarded that to him. In the last year my son has gained 35 lbs bringing him to 114 lbs at 6 years old. his doctor said that tests need to be done to rule out a medical condition and it may just be a lifestlye change that needs to take place. my sons father is refusing to believe that there is a problem here he doesnt want me taking him to the nurtitionest to get lab work done or anything else. i have talked to my son about going to a councilor becuase he has started to have self esteem issues and he wants to do that. we had an appointment today we missed because his dad wouldnt let me take him because he doesnt think he needs it. my son crys to me and tells me he doesnt like himself and that he doesnt want to go to his dads because he is never home and leaves him wigth his great gramam who cannot care for him, i fell like there is nothing that I can do. I have called cps because of many other things like bug bites and lancing open mrsa he had with nail clippers and know one seems to care. i just feel like he isnt getting the proper care he needs and he is medically neglected and there is nothing i can do when i try his dad says know. my sons doctor said he is at risk for hear disease diabetes mong other health issues and psycological problems but his father just doesnt care.

    • Hi Cassie, this is an important issue that needs to be addressed one way or another. What you need to do is show the judge that you have your child’s best interests at heart, because it sounds like his father isn’t giving him the proper care he needs and is doing things out of spite, which obviously is not benefiting your son. Getting custody of your son at this point, sounds like a solid plan of action and we can help you do that. Please call us and speak to a representative about how our program works.

      (800) 787-4981

  14. Lori says:

    Hello:
    My family situation is complicated and we are unsure of whether anything can be done. My (half) brother was in a 10 year relationship with a woman who has a daughter. This child was 5 when she and her mom moved in with my brother and his elderly father. (The man who abused me throughout my childhood.) Brother’s girlfriend and her daughter moved out end of 2011 b/c the then nearly 14 year old girl who called my (half) brother dad, accused him of sexual impropriety. Charges were filed, plea bargained, brother pled no contest and continues to deny he did anything.
    In May 2012, he began talking to a woman on the internet. They met in person June 8, and she moved in with brother and his father a day or two later. She has a history of abusing pain killers and has issues with anger, control and alcohol. My brother also has increasing issues with alcohol and I believe he is an alcoholic-albeit a functioning one. He also has issues with anger. Girlfriend got pregnant immediately and my precious nephew was born on their 9 month anniversary. My mom and I were there for the birth in March 2013. Baby seems to be well cared for in terms of meeting developmental milestones, Fed well, nicely clothed etc. However the drinking and constant arguing got excessive and my concern grew as did my mom and sister’s and I filed a report with DHS in January. Since then, I have not been allowed to see my nephew. They use this child as a weapon, continue to drink (they were spending 20 to 25 daily plus they smoke pot) and apparently DHS “bought it” when they said “We have a few beers now and then but that’s it!”
    Brother and his girlfriend treat us horribly even though our mom had nothing to do with making the report and she is missing her baby grandson terribly and wondering why her adult son is so verbally and emotionally abusive to her. Girlfriend calls the shots. For a year now, my brother can only talk to his family if he is on speaker phone. His mood and personality have changed dramatically! Also, the police were once called due to one accusing the other of domestic violence. He did not hit her so no one was arrested. She was quite drunk that night.
    Is there anything we can do? Can I be banned from seeing my nephew because I made the DHS report? Thanks, Lori

    • Hello Lori. These kinds of situations are always a bit tricky. We’re not a law firm, so we can’t give you legal advice on this issue. What we do is prepare the court documents that you would need to file for a custody battle. However, from our experience working with families over the last 10 years, most of the time Aunts and Uncles have a very difficult time in these kinds of scenarios. I suggest doing as much research on the issue as possible and/or contact a legal professional that can help you with this. We wish you the best of success on this. Thanks for writing to us and following our blog.

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