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Brian S Katz

Brian Katz’s Answers

15 total


  • Can one parent take a minor out of state without consent from the other parent?

    If a couple is married but hitting turbulence, can either parent take a minor across state lines (ie, from KY to FL) if the other parent refuses to allow it- mostly because they are worried they will never see their child again.

    Brian’s Answer

    If the parents and children reside in KY, KY law would apply. There is nothing in KY law that, in an of itself, would prevent a parent from taking his/her child to Florida. If you believe that the parent will do so and not return the child, you should immediately consult a lawyer about filing something in Court, perhaps a custody petition, to prevent that.

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  • Does a custodial parent have to provide a bedroom for the child?

    My husband's 6 year old son has his own room at our house, and my husband is the non-custodial parent. My stepson only spends every other weekend here when he's in school, yet we provide him with his own bedroom, bed, and anything he could possib...

    Brian’s Answer

    There is no law requiring that the 6 year old be given his own room. The situation may be relevant as one (1) factor to consider in determining whether custody and/or visitation should be modified. I suggest you speak more thoroughly with an attorney to address the larger issue about custody and/or visitation.

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  • I am pregnant and have no clue who the father is

    So, I just found out I am pregnant. I had sex when I was drunk, woke up, the.guy was gone. I don't know his name, never seen him before, and have no way to find out. I understand what I did was irresponsible. But, I am moving on and trying to make...

    Brian’s Answer

    I agree with the other answers. You should investigate and attempt to figure out who the father is. You owe it to your child. Just be honest. If you don't know, and cant find out, then you don't know. Good luck.

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  • What if unlike most stories I read on here, I have proof of a significant amount of money from bank receipts to back me up?

    I have receipts of 250,000 going into his account and he claimed 30,000 to avoid paying more support. I have pictures of his many classic cars, and current receipts proving his frivolous spending, and nice vacations. Any suggestions? I am currentl...

    Brian’s Answer

    You should share the evidence you have with your attorney. Child support is always modifiable (subject to certain limitations) so if the evidence proves what you think it proves, you may be entitled to an increase. Unfortunately, not many people are prosecuted for perjury, but the judge handling the child support matter could certainly hold him in contempt.

    Most attorney's would feel a little uncomfortable being asked to get help. It is important that you have confidence in your counsel. If you do not, you should sit down and talk to him to determine whether he/she is the right lawyer for you.

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  • My daughters father want to terminate his rights, but I am opposed to it. Would a judge grant his request without my consent?

    He owes over $17000 in back support.

    Brian’s Answer

    The father (sadly) may choose not to visit or have any contact or communication with his child, but he cannot unilaterally end his obligation to support his child (pay child support). Good luck.

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  • Is there a web site in ky with pi lawyers

    looking for a pi lawyer

    Brian’s Answer

    You can find many different websites for lawyers that handle this type of case by performing a Google search. However, please be a smart consumer and realize that the best website does not necessarily make for the best PI lawyer.

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  • Can I request for a prior Social Services call on my ex to be brought up in a custody court case?

    My ex and I are in a heated custody battle over our 6 month old daughter. I am asking for sole custody for myself and supervised visitations for him. He's demanding joint custody and equal visitations. My ex has had an on/off relationship with ano...

    Brian’s Answer

    I would subpoena the girlfriend and the police officer to court and ask them about the complaints involving the girlfriend's daughter. I would also subpoena the social worker and her records, but those records may not be allowed into evidence. Social workers are supposed to be treated like any other witness, but judge's frequently allow them to offer their opinion about what is in the best interest of a child (even though opinion testimony is only allowed from expert witnessss).

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  • I AM HOMELESS WITH 2 CHILDREN BECuse my ex wont take my name off of the house we both own, can i legally take the home back?

    He was granted house in divorse but was told to take my name off, he will not and I cant get a home for our 2 kids with my name on it, what lwgal rights do i have, can i rent it from him or can he pay me for living in a house that is still mine?

    Brian’s Answer

    Yes, if he was ordered to get your name released as an obligor on the loan (typically by refinancing), you can take him back to court and ask that he be held in contempt for failing to comply with the courts order. The court will also likely order him to pay the attorney's fees you incur in taking him back to court. You could also file the motion yourself.

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  • I have looked up somones record in Wisconsion and want to know what something means.

    Charges are Statute 26.05, Description - Unauthorized Timber Theft, Severity F orf.U What are the possible charges and what is the posssible fine or prison time.

    Brian’s Answer

    It sounds like the person cut timber on someone else's property, but you should post this for a Wisconsin lawyer to answer.

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  • I never changed my social security card, or drivers license, is my marriage legal?

    I was told that since i didn't change it within a certain time the marriage was void. We are wanting a divorce anyways, and tryiing to do it quickly as possible. What is the truth? Also, what are the time frames for getting a divorce when married ...

    Brian’s Answer

    Yes, your marriage is still legal. Your marriage is not void just because you didn't change your driver's license or SS card. If there are no children, and the wife is not pregnant, you have to have lived separate and apart (which can be in the same house, but without sexual cohabitation) for 60 days.

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