Legal Questions and Answers

Read legal questions and answers from experienced Arab lawyers and legal professionals.

Is a home study required for an adoption in California?

We have two foster children, twin boys, and want to move to adopting them. They’ve been with us over a year. We’ve talked to the social worker and she’s told us we may need to undergo a home study before an adoption could be finalized, even though the social workers come to our home regularly and see the conditions and how well the boys are doing. Is the study required for all adoptions and if it is, what is involved? The worker mentioned that it may include physical exams for my husband and me, fingerprinting, background checks, etc. We just want to know what to expect and how to be prepared, and how long the process will take. Also, should we have an adoption lawyer present with us for a home study to make sure everything is done correctly? We don’t want to do or say anything that could jeopardize adopting the boys.

San Jose, CA

Mar 15, 2021

Can you change a contested divorce to an uncontested?

I originally filed for a contested divorce in San Jose because my wife was asking for alimony and I disputed that. She has since gotten a decent job and says she will withdraw her claim for alimony. We’d like to change our contested divorce to an uncontested one and not have to go to a divorce trial. We’ve already been to a few court conferences, and a trial date has been set by the judge. How do we let the court know we are now in agreement and can we change to an uncontested divorce and avoid any more court proceedings?

San Jose, CA

Mar 15, 2021

How can a father get visitation rights to his child?

I’m asking for a friend of mine who is from Saudi Arabia. His wife is Puerto Rican and they were living with their son in Phoenix. The wife left to go back to Saudi to visit family and has not returned to the U.S. My friend has not seen his son in 6 months. The wife refuses to tell him where exactly she is. What does he need to do to force her to come back so he can see his son? Can she be held criminally responsible for kidnapping and full custody awarded to him? He is a good father and she had no reason to take his child away.

Phoenix, AZ

Mar 15, 2021

Can we enter a prenup if my fiance is not a U.S. Citizen?

My fiance is from Sudan and has very little in the way of assets. He is coming to the U.S. to marry me and will be starting over in terms of a career. I have done well financially and am a part-owner in a family business. My family is pressuring me to have him sign a prenup that guarantees he would not get any of our business if we divorce. I love him and want to help him get an education here in the states and have a good career and life. Even if our marriage didn’t work out, I would not want to be unfair to him, but I understand my family’s concerns. If my fiance is willing to sign a prenuptial agreement, would it even be valid if he is signing it when he is not yet a U.S. citizen? Could I even enforce it?

Phoenix, AZ

Mar 15, 2021

How do I show all of my ex’s income for child support?

My children’s dad owns a restaurant in D.C. and makes alot of money. However, he shows almost no income on his tax returns. He writes off everything, takes payments under the table, and doesn’t report all of the cash he takes in. Every time we go to a child support review hearing he gets away with paying a low amount of support because he provides only his tax returns as proof of income. I know that he does these things and earns more than he is saying because I worked at the restaurant with him when we were married. How do I prove that he is earning more than he is telling the child support office? Can I bring in an accountant or some type of financial expert to look at his business and expenses? I know the child support amount he is paying is not right.

Washington, DC

Mar 15, 2021

Am I required to cooperate in a child abuse investigation?

I work for the UAE in Washington, D.C. and maintain a high level security clearance. One of my son’s friends in school told my son and a teacher that his father was molesting him. Child protective services has opened an investigation and now they want to interview me because my son’s friend has often stayed overnight at our house. I don’t have any information that would be useful as the child has not disclosed anything unusual to me. I don’t want to be part of any investigation that could jeopardize my position with the UAE. I also don’t want to get in trouble for not cooperating in an investigation. Can I have a lawyer relay my position to child protective services on my behalf to keep me out of this?

Washington, DC

Mar 15, 2021

What is the difference between a legal separation and a divorce?

My husband and I live in Seattle and own a house together here. We’ve been having problems in our marriage and want to possibly try a legal separation, as we aren’t sure we want a divorce. Is a legal separation possible and what is the difference between a separation and a divorce? How do we file for a legal separation? Also, I want to stay in our house during the separation and my husband is ok with that, but he wants to ensure that he doesn’t lose his interest in the house if he moves out.

Seattle, WA

Mar 15, 2021

How to locate an Arabic-speaking lawyer familiar with adoptions?

My wife and I are Arab Americans living in Seattle. I have full citizenship at this point but my wife does not yet. My cousin and his wife are Egyptian and she is pregnant. She is very young and they are not financially settled enough to have a baby. They want us to adopt their child and raise him here in the United States. Will we qualify to adopt if my wife is still awaiting citizenship. If not, can I adopt the child in my name? How do we find an Arabic-speaking lawyer familiar with both U.S. and Egyptian law to help us get the child into the United States?

Seattle, WA

Mar 15, 2021

Submitting a child support calculation in an uncontested divorce?

Spouse and I went to court to file for an uncontested divorce in San Francisco Superior Court. We aren’t fighting about anything and have agreed on custody of our kids. When we turned in the paperwork the court clerk told us we needed to submit a child support calculation. We told her that we agreed to work out child support between ourselves once we get settled in our new places and see what our expenses will be. She said the court will not process our paperwork for the divorce without that calculation. What do we need to do to get a child support calculation or get the court to give us the uncontested divorce without one?

San Francisco, CA

Mar 15, 2021

Can I amend an outdated prenuptial agreement?

My wife and I live in San Francisco and I work for a start-up tech company. The company has the potential to become very large and profitable. My wife and I signed a prenup before we married. I have some technology patents that I acquired before we married, and now my company may be interested in moving forward with some of my ideas and products. We didn’t specifically reference my patents in the prenup. I honestly didn’t even think about them at the time. If the patents do become valuable and my wife and I were to divorce, does she have an interest in them? If that is a possibility, is there anything I can do to amend the prenup so that the patents remain my property regardless of what happens to the marriage?

San Francisco, CA

Mar 15, 2021

What is conservatorship in child custody?

My kids’s dad and I have separated and our 3 kids have been going back and forth between us. We have no court order for custody. The father has now filed for ‘conservatorship’ of our children and wants them to live with him full time. He is also asking that I be ordered to pay child support. What does conservatorship mean in terms of custody and how do I respond to his court paperwork? Do I need a lawyer to respond? Can he actually get child support from me if he makes significantly more than I do?

Dallas, TX

Mar 15, 2021

Can I keep a monetary gift to me from becoming marital property?

My wife and I are having marital problems and while we are working on the relationship, I have doubt whether we’ll stay married. My aunt is not in good health and wants to give me money and two parcels of property now, rather than waiting to leave it to me when she passes. I did some research and know that Texas is a community property state. I’m concerned that if my aunt gives me the gift now, while my wife and I are still married and living together, it will become joint property and my wife will get part of it if we divorce. What needs to be done to make sure that anything my aunt gives me remains my separate property? Should she just leave it to me in her Will to make sure it goes only to me?

Dallas, TX

Mar 15, 2021

Does my son have to testify in court in a child abuse case?

A year ago my son’s father was investigated by the North Carolina Child Protective Services for physical abuse of my son, who is now 9 years old. The father denied the abuse but the police believed my son’s version of the events and have charged my ex with criminal child abuse. The prosecutor for Wake County says my son may have to testify about what happened. My son is terrified of his father and does not want to have to be in a courtroom with him and tell what happened. Can the prosecutor’s office force my son to testify about the child abuse in front of his father? What if my son simply refuses to say anything or is just too scared to answer the questions, will the criminal case be dropped?

Raleigh, NC

Mar 15, 2021

Can my adopted daughter get her birth parents’ information?

My adopted daughter is 17 years old and has had a desire to locate her birth parents since she was a young child. We have a great relationship and I am fully supportive of her wanting to know where she comes from, what her medical history is, whether she has other siblings, etc. I know that when I adopted her here in Raleigh, her record was sealed and is not open to the public. What can we do to get her access to her adoption record? Does she have more rights to her birth parents’ information once she turns 18?

Raleigh, NC

Mar 15, 2021

What is the difference between legal and physical custody?

My kids’ Dad and I are splitting up and we have 2 kids. We are trying to reach an agreement on custody but have some questions about legal versus physical custody. I have no problem sharing time with the kids but I don’t want to have to get his permission for everything relating to them. He is difficult to deal with and is very religious – he wants our kids enrolled in catholic schools and for them to be confirmed in the church. I want to have the final say because I don’t trust his judgment on certain issues. I’m told legal custody is the thing that controls decision-making in custody cases. What is the difference between legal and physical custody and can we have an arrangement that allows each of us to have the kids an equal amount but gives me final decision making power?

Boston, MA

Mar 15, 2021

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