Legal Questions and Answers

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

Will a judge increase child support to cover daycare costs?

Child support for my children was set over three years ago when I was not working. I have recently returned to employment and I now have to place my youngest son in daycare as he is not yet school age. The current child support doesn’t cover any daycare costs and the cost is substantial as I need daycare for 40 hours per week. Can my child support be increased to cover part of these additional daycare costs? How do I file for a child support modification in Virginia and do I need a lawyer to represent me or do I do it myself? I live in the Richmond area.

Richmond, VA

Mar 15, 2021

Does my husband’s bigamy affect my divorce proceedings?

My divorce from my Muslim husband is pending in court in Charlotte. Despite this, I have learned that my husband married someone else at the mosque and is now living with her. He is not paying me any financial support or paying our household bills but he is now supporting a new wife. What affect does this have on my divorce proceedings? I am not happy with my current lawyer, what do I need to do to replace him with a new lawyer? I want a lawyer who understands Muslim culture and Islamic law to represent me.

Charlotte, NC

Mar 15, 2021

Which parent has custody rights when there is no court order?

My wife and I are splitting up and we have three children. She says that when I move out of the house, the children are staying with her and she’ll decide when I get to see them. I have been advised that I can’t go to court to file for a divorce or for custody until she and I are no longer living together. I want to know if that is true. If it is, who has custody rights to our children until we are able to get into court and have a judge decide? Can she really keep me from them if there is no custody order in place? Am I within my rights to just go and get them from the house after I leave?

Washington, DC

Mar 15, 2021

Can I get a restraining order for my son due to child abuse?

My son’s father believes in spanking him as punishment. I strongly disagree and that’s part of why he and I broke up. My son came back after visitation with his father with bruises on his bottom and the back of his legs. He says his dad used a belt and punished him for using his father’s computer when he was told not to. I reported this to Tennessee child welfare services. I don’t want to send my son back to his father for the next visit. I’m afraid if I don’t his father will go to my son’s school and pick him up from there. Can I get a restraining order to keep his father away from him and stop him from going to my son’s school or coming to my house based on the child abuse? If I can, what do I need to do to get the restraining order?

Memphis, TN

Mar 15, 2021

Can a prenuptial agreement control child custody upon divorce?

My husband and I drafted a prenuptial agreement before we married that stated if we divorced, I would retain full custody of any children we have together. We did this because my husband has previously had mental health issues and we both agreed any children would be better in my care if we were no longer living together. We are now in the process of divorce and have two young children. He is saying he wants equal time with them and will not honor our agreement. How will a judge look at our prenuptial agreement in the divorce process? Can the judge still enforce it even if he no longer agrees? I want to be able to make the court aware of my husband’s past issues and the concern about the safety of our children if my husband challenges the agreement. Do I need to include anything about the prenuptial in my divorce filing?

New Orleans, LA

Mar 15, 2021

Is there any financial help available to adoptive parents?

We’ve had our foster son in our care for 15 months and we receive a monthly stipend from the state of Ohio to help pay for his needs. We are considering adoption but we are not certain we would be able to pay for all of his care without some financial assistance. He will likely need counseling for a long time based on what happened when he was with his biological parents, and our insurance does not cover all of it. If we do adopt him, is there any financial assistance available to us to help pay for the counseling as well as his other medical and special schooling needs? If we do qualify for assistance, how long are we eligible to receive it? Will any assistance ends when he turns 18, even if he still has these needs and continues to live with us?

Cleveland, OH

Mar 15, 2021

Can I withhold child support if I’m not seeing my children?

My wife and I are living apart and I am paying her child support for my children. We agreed I would see them each weekend from Friday through Sunday but she is refusing me access to them. Her refusal is unjustified as I love my children and would not harm them. I have been paying her regular support for the children since the separation. I want to know if I can stop paying that support until she allows us to return to the normal visitation schedule? Stopping the support may be the only way I can force her to allow me to continue my relationship with the children. Is there anything legally she can do to me if I withhold the support? I need to discuss this with a lawyer and I would prefer to work with a Muslim lawyer who speaks Hindi.

Raleigh, NC

Mar 15, 2021

What are the residency requirements for an uncontested divorce?

My wife and I lived in Texas and separated there after four years of marriage. We both want a civil uncontested divorce. I moved to Detroit two months ago after we separated. She has asked me to proceed with finalizing the divorce between us. Am I able to file for an uncontested divorce here in Michigan, or does she need to be the one to do it in Texas? How long do I have to live here before I can file? I also need to know if there is a requirement that we be living separate for a certain period of time before either of us can file for the uncontested divorce.

Detroit, MI

Mar 15, 2021

How to disprove false child abuse allegations in a custody case?

I’m in the middle of a custody battle with my ex-wife regarding our three children. I was initially just seeking equal custody time. Six months into this custody case she makes a false allegation that I sexually abused our youngest daughter. This has never been mentioned before and is absolutely untrue. I believe she has said this because she feared that the judge was going to grant me shared custody. This is an obvious attempt by her to keep me from more time with my children. Now I want to not only counter this lie but take full custody of my kids. If she’s willing to go to this length to keep my children and me then she is not fit to have them in her care at all. What do I need to do to prove she’s lying about the abuse and to gain full custody?

Seattle, WA

Mar 15, 2021

Can a prenuptial agreement be entered after the marriage?

My wife and I married in Saudi Arabia and then located to the United States for work reasons. We are both here now on work visas. We intended to enter into a prenuptial agreement before we married but had to move up our wedding to accommodate our work commitments in the US. and did not have time to explore an agreement. We both still desire to preserve assets we each possessed prior to our marriage in the event we would divorce. Are we able to still enter into a prenuptial even though we are already married? If so, what is involved in this process and how do we locate an experienced Muslim lawyer to assist us, as most of our assets remain in Saudi Arabia.

New York, NY

Mar 15, 2021

Is a U.S. divorce required for an Islamic Nikkah?

I am inquiring for my friend who married her husband in an Islamic Nikkah. They did not obtain a civil marriage in the U.S. Her husband recently left her and she does not know what her rights are to the home and other property they own in Baltimore. She is also in need of spousal support from her husband but he has not permitted her access to any of their financial accounts. To formally divorce her husband and gain property and support rights, is she required to go through the U.S. divorce process? She will need a lawyer who is familiar with both U.S. law and Islamic law if she must get a divorce to protect her rights.

Baltimore, MD

Mar 15, 2021

Is parental consent required for a grandparent adoption?

Our two granddaughters were taken away from their parents by the Florida foster care system. The parents are both substance abusers and had been neglecting the children. We have approached child protective services about possibly adopting our grandchildren. The parents have made it clear that they will never consent to giving up their parental rights to the children or to us adopting them. Is it possible to adopt our grandchildren without their parents’ consent? If so, would it be necessary to go to court to complete the adoption and would the children be involved in that process?

Miami, FL

Mar 15, 2021

Can a child support agreement be enforced abroad?

My Muslim husband left my children here in Oklahoma City and moved back to Morocco. Before he left he signed an agreement stating he would pay $750 per month for child support. He paid the first two months after he left and has not paid since. I do know where he is living and have considered contacting his family to see if they will encourage him to honor his agreement to our children. If his family cannot help, is it possible to enforce the agreement he signed against him in Morocco? Does the U.S. cooperate with child support agencies abroad to collect support? If this is possible, what do I need to do to start the process and will I need a lawyer to represent me? If I have to retain a lawyer, can my husband be required to pay any of the legal fees for my representation?

Oklahoma City, OK

Mar 15, 2021

What is the cost of a Georgia uncontested divorce?

I am trying to plan for the upcoming filing of my uncontested divorce. I need to know what the costs will be and whether I will need to pay a lawyer. I have found the cost of the initial filing fee online, but I am unsure what other costs may be involved. One of the requirements for the uncontested divorce seems to be the submission of a marital settlement agreement stating the terms that my ex and I have agreed upon. This is where I am very uncertain about costs. Is this something we can draft or something we need to pay a lawyer to do. If we must have a lawyer, what is the average cost for the legal fees for the settlement agreement? Are there any fees due at the time of the final divorce? Is it permissible for my ex and I to split the costs equally?

Atlanta, GA

Mar 15, 2021

Is it possible to get damages for wrongful child abuse allegation?

Three years ago my son’s teacher reported me to child protective services stating I was physically abusing my son. I had never hurt him and denied it from the beginning. I fully cooperated with the investigation and it was determined that I definitely did not abuse my son. The allegations by the teacher cost me my job and my security clearance. I believe the teacher knew all along that I was not an abuser and made the allegation because of my criticism of her as my son’s teacher which I had reported to the school board. Is it possible to file a lawsuit against her and recover compensation for the damages she caused to me with the wrongful allegation? Could the school system be joined in the lawsuit as her employer if it can be proven that they also knew the allegation was false but continued to employ this teacher?

Houston, TX

Mar 15, 2021

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