Are there D & N Attorneys who will give a free consultation?

Anonymous · May 21, 2015 · 0 views

Family Law

I need a very good lawyer to advise me how to get my daughter returned to me. It is a bizarre case, in that I, the biological father have never done anything to harm my child; it was because of the mother's struggle with alcohol that OCS became involved, and I moved to my daughter and took her and her mom in, in order to provide some stability. OCS provided a "safety plan" which I complied with 100%, they planned on closing the case (because of how great we had been doing, they told us), but then suddenly with no explanation they came and took her! They said later they "suspected" that I'd not been complying with the plan after all, which was completely untrue. They provided no evidence for their belief. She's been gone for over a year! Now they want to put her up for adoption!

About Family Law

Family law covers legal matters arising from family relationships: divorce, child custody and visitation, child support, spousal support (alimony), adoption, paternity, domestic violence protective orders, and prenuptial / postnuptial agreements. Family courts in each state apply that state's family code; there is no federal family law.

Divorce requires only a residency period in the state (usually 6 weeks to 1 year) and a legally accepted ground. Every state now offers no-fault divorce based on irreconcilable differences. Some states retain optional fault grounds (adultery, cruelty, abandonment) which can affect property division and alimony in specific circumstances.

Property division follows one of two systems:

Community property (9 states including California and Texas) — assets and debts acquired during the marriage are presumed to be owned 50/50, regardless of who earned or incurred them.
Equitable distribution (the remaining 41 states) — courts divide assets fairly based on multiple factors including each spouse's contribution, length of marriage, and future earning capacity. Equitable does not necessarily mean equal.

Child custody is decided under the best interests of the child standard. Modern courts strongly favor frequent and continuing contact with both parents and routinely order joint legal custody (decision-making) even when physical custody is primarily with one parent. Custody orders can be modified later if a substantial change in circumstances occurs.

Child support is calculated by formula in every state, usually based on both parents' gross incomes, the number of children, and the percentage of overnights each parent has. State guidelines produce a presumptive amount that courts deviate from only with written findings. Child support is enforced aggressively through state-run agencies, wage withholding, license suspension, and contempt proceedings.

Spousal support (alimony) rules vary widely. Most states consider length of marriage, income disparity, age and health, and earning capacity. Lifetime alimony is increasingly rare except in marriages over 20 years.

Most family law matters can be resolved through mediation, collaborative law, or uncontested filings, which are usually cheaper and faster than litigation. Many family courts now require mediation before scheduling a contested hearing.

Reviewed by AttorneyQnA Editorial Team · Last updated Jun 10, 2026

Relevant law

Uniform Premarital Agreement Act Rule

Standard rules for enforcing prenups

Model legislation adopted by ~28 states establishing requirements for enforceable prenuptial agreements: voluntary execution, full asset disclosure, opportunity for independent counsel.
Uniform Child Custody Jurisdiction and Enforcement Act Rule

UCCJEA — which state decides custody

Adopted by all 50 states. Determines which state has jurisdiction over a custody case, prevents conflicting orders, and governs enforcement of out-of-state custody orders.

Common questions about Family Law

How long does a divorce take?

An uncontested divorce can finalize in 60 to 120 days in most states after the residency and mandatory waiting period are met. A contested divorce involving custody, property, or support disputes typically takes 9 to 18 months. Highly litigated cases with business valuations or international issues can run 2 to 4 years.

Do I have to give my spouse half of everything?

In community property states (CA, TX, AZ, NV, NM, ID, LA, WA, WI), assets acquired during the marriage are presumed 50/50 regardless of who earned them. In equitable distribution states (the other 41), courts divide marital property "fairly" — not always equally — based on factors like length of marriage, each spouse's contributions, and future earning capacity. Property owned before marriage or received by inheritance/gift is usually separate.

How is child custody decided?

Custody is determined under the "best interests of the child" standard. Courts consider each parent's relationship with the child, ability to provide stability, work schedules, mental and physical health, history of substance abuse or domestic violence, and the child's own preference (weighted by age). Most courts strongly favor frequent contact with both parents; sole custody is the exception, not the rule.

How is child support calculated?

Every state uses a formula based on the parents' combined gross income, the number of children, and the percentage of overnights each parent has. Most states also factor in healthcare, daycare, and extracurricular costs. Support amounts can be modified later if there is a "substantial change in circumstances" — usually defined as a 15% to 20% change in income or material changes in parenting time.

Will I have to pay alimony?

Alimony (spousal support) is fact-specific and varies enormously by state. Short marriages (under 5 years) often produce no alimony; marriages over 20 years can produce permanent or long-term support. Most awards consider the length of the marriage, income disparity, recipient's ability to become self-supporting, and the standard of living during the marriage. Several states have adopted alimony reform laws capping duration.

Can I move out of state with my kids?

Usually not without either the other parent's written consent or a court order. Most states require notice 30 to 90 days before a planned move, and the non-moving parent has the right to object. Courts evaluate relocation requests under best-interests factors plus the specific relocation analysis your state uses (often called the Tropea test or similar).

Do I need a prenuptial agreement?

Prenups are particularly valuable when one spouse has significantly more assets, owns a business, has children from a prior relationship, or expects a large inheritance. To be enforceable, a prenup must be entered voluntarily, with full disclosure of assets and debts, and both parties should have independent counsel. Some states will not enforce prenups that waive child support or are deeply one-sided.

2 Attorney Answers

Karl Geil

2 hours ago

Lawyers are not allowed to use this message board as a means to solicit clients. You will need to use the Find a Lawyer link above, or some other method, to locate lawyers to interview.

David Littman

2 hours ago

Some lawyers do free consultations and other do not. You will have to call around. One reason some do not do free consultations is that they place a value on their training, time and expertise and expert that potential clients understand this. Other lawyers will do a free consult with the hope that some of the donated time will result in a client retaining them. It is simply two different ways of marketing.