Questions Answered by Paula McGill - Justia Legal Answers

• 21 November 2012Q: Okay my daughter has vitiation to her kids on the weekend but the father does not let her have them
  A: She should file a contempt action with the court who issued the visitation order. In the petition, she should request make up time for the weekends she missed.
• 21 November 2012Q: According to my aunts will her sister gets everything. Other siblings are dead. Could their children challenge the will?
  A: They can challenge the will. However, if your aunt was of sound mind when she signed the will and the other formalities were complied with by your aunt, the challenge should be unsuccessful.
• 21 November 2012Q: Been married 8 months wanna get divorce,what is the process
  A: You didn't state why you wanted a divorce. Therefore, I assume it will be no fault divorce. Under New York no fault, the marriage needs to be broken for 6 months or more. You should seek the advice of an attorney to determine if you can handle it yourself. You can also contact me at (202)294-0435 to schedule an initial consultation.
• 21 November 2012Q: Does my neighbor have a case ?
  A: If the neighbor sues, you need to file a counterclaim. Anyone can sue. You will need your neighbors as witnesses to the event.
• 21 November 2012Q: The Judge sets a hearing on Defendants motion to dismiss 1 year after my complaint was filed.Where's the judge leading?
  A: The information you supplied is not enough to determine your chances of surviving the motion's hearing. He may need additional information from the parties that are not in the motion or response. It is difficult to speculate.
• 21 November 2012Q: HOW CAN I ENSURE THAT MY SOON TO BE EX-WIFE DOESN'T TAKE MY SON AWAY FROM ME OUT OF STATE?
  A: This should be resolved in the divorce before she moves. You should retain an attorney to protect your interests. You can seek custody of the child to keep him in Georgia. Even if you lose that petition, your visitation should be established based upon her staying in Georgia and her moving to Utah. Once a visitation order has been established, if she violates its terms, she can be held in contempt.
• 21 November 2012Q: My spouse and I are separted she took child out of state. Filed for divorce. No custody agreement
  A: What is your question? If she filed for divorce, you need an attorney to represent you. Custody, child support, and property divisions are at stake. Obviously, she has planned ahead. However, you might be able to bring the case back into your state if she has not satisfied residency requirements of the new state or the children have not been out of state for more than six months.
• 21 November 2012Q: Can a Mother of a child give custody of her child to someone to keep the father of the child from getting the child?
  A: If she took the child less than six months ago, everything can be handled in her last state of residence if your brother also lives in that state. Otherwise, he needs to pursue the matter in Georgia by filing for legitimation (if he hasn't done so) and custody or visitation. He should file it in the county where the mother lives. At that point, the mother will have to disclose the whereabouts of the child. If she in fact gave the child to someone else, he will need to bring that person into the court. He needs to act right away.
• 21 November 2012Q: In a child custody hearing, can the defendant make you produce a copy of your entire Facebook account ?
  A: The defendant can request the Facebook account through request for production or subpoena, you can always object to the production or move for a protective order. Depending on the issues in the case, it is likely the court will require some production of the account.