Legal Questions and Answers

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

When can a birth father contest an adoption?

For 2 years my wife and I have been fostering twin boys, age 3 through the Clark County Child Protective Services here in Las Vegas and have always planned on adopting them. The boys’ biological father has not been around the entire time the twins have been with us. We were scheduled to finalize the adoption next month and the father has reappeared and is saying he wants his kids back. He will not consent to the adoption. What chance does he have to fight the adoption if he’s never been a father to the boys, and we are the only family they’ve ever known? The social worker is telling us we may now have to go to a trial to terminate his parental rights. Do we need our own lawyer for that trial?

San Jose, CA

Mar 15, 2021

How do I change legal custody of my daughter?

My daughter’s father and I have shared legal custody. I am Iranian and practice Islam, he is from the U.S. and is a devout catholic. Our religious differences are part of the reason the marriage failed. When my daughter was born I agreed she could be raised Catholic. She is 15 now and wants to convert to Islam and wants to join my mosque. Her father is adamantly opposed to this and says he will take me to court and sue for full custody of her if I allow her to practice Islam or attend mosque. How do I change the custody order so that I have legal custody and the authority to let me daughter change her religion? Is she old enough that her wishes will be considered? Is the fact that she is 15 and is making her own decision to convert to Islam enough to change legal custody?

Phoenix, AZ

Mar 15, 2021

Is a written agreement required for an uncontested divorce?

After 3 years of marriage my wife and I want to divorce. We’ve agreed on all issues, including custody of our daughter, and we are not fighting over anything. We’d like to file for uncontested divorce in Washington, D.C. and get the divorce as soon as possible and without spending alot on legal fees. The clerk at the courthouse told us we needed to file a written agreement stating what we’ve agreed to and what the custody schedule will be for our daughter. Do we have to have a written agreement if we both know what we’ve agreed to and don’t think we need one? Can we get the uncontested divorce without it? If we do need something in writing, can we do it ourselves or do we need a lawyer? We are both Iranian and would prefer an Iranian lawyer if one is necessary.

Washington, DC

Mar 15, 2021

How is property divided in a Texas divorce?

My spouse and I live in Dallas and own several properties in and around the Dallas area, including a restaurant that we own jointly. Our marriage has been bad for several years now and we are talking about divorce, which he says he doesn’t want. He claims if I move forward with a divorce, he’ll force the sale of all of our properties, including our restaurant. Running the restaurant is how I earn my living and I don’t want to sell it. If we did go to court for divorce, how would a judge divide our property? Can the judge give some of the properties to me, like the restaurant, and some to him without ordering that any of them be sold? Can the restaurant be put solely in my name in the divorce so that he cannot continue to work in it?

Dallas, TX

Mar 15, 2021

Can I stop paying child support if I’m not seeing my kids?

I’m under a child support order to pay my ex $600 every month for my 2 kids with her. She doesn’t like my new girlfriend and for the last 3 months hasn’t let me see my kids. I told her I’m not paying child support until she lets me see them like the visitation order says I should. She’s threatened to file contempt papers against me because she says her lawyer told her child support and visitation are two separate issues. Do I have to pay support if she’s withholding visitation from me? Can I file contempt on her for disobeying our visitation order and if I can, is it better to get a lawyer to do it?

Raleigh, NC

Mar 15, 2021

Can I be forced to agree to change a prenup?

Before we married, my husband made me sign a prenup saying I wouldn’t ever claim alimony if we divorced. We’ve been married 6 years now and I have a very good job and am earning far more than my husband at this point. He now wants to go back and change the prenup to state that he has the right to alimony if we were to divorce. He says if I won’t agree to this change, he will take our son and move away with him and I won’t see him. I am afraid about this because he has been my son’s primary caretaker due to the amount of hours I work. Can my husband force me to change the prenuptial agreement? Do I have any rights if he were to move with my son and keep him from me?

Boston, MA

Mar 15, 2021

How do I fight a child abuse charge in Atlanta?

I need a lawyer to fight my child abuse charge against the Georgia child protective services. They took my 3 kids away 6 months ago because someone called and reported me for child abuse due to neglecting them. At the time I was struggling with my bipolar disorder and the doctors couldn’t get my medications right. I am back on track now and doing good, but no matter what I do or what information I give them, child protective services keeps telling me I’m not ready to have my kids back. My doctor will vouch for me that I am. How do I fight this child abuse case and get my children back home with me? I can prove I’m taking all my medications now as my doctor tells me to.

Atlanta, GA

Mar 15, 2021

How to adopt a baby from outside the U.S.?

I am Iranian and although I now live with my wife in San Diego, I still have many family and friends in Iran. A good friend’s daughter is pregnant and very young and unmarried. It is shameful for her to be in this state given my friend’s religion and the culture in his community. My friend knows my wife and I have been trying to have a child for years and he has offered for us to adopt the baby. His daughter is agreeable. What do my wife and I need to do to adopt the baby and get it here to the U.S.? Do we need a lawyer to do this or do we work through some sort of agency? Will the child automatically be a U.S. citizen once we adopt?

San Diego, CA

Mar 15, 2021

What is the process for divorce for a permanent resident?

My wife and I came to the U.S. 10 years ago and are now permanent residents, but not citizens. I am considering divorce and want to know what my rights are. I am especially worried about what my custody rights are as a dad because we have 2 daughters and my wife has threatened in the past if I divorce her she will not let me see them. What is the divorce process for residents who are not US citizens? Does a father have the same rights as a mother if she’s been the primary caregiver for the children? I would like to work with an Iranian lawyer who understands the divorce process in both the U.S. and Iran if I do have to pursue a divorce there.

New York, NY

Mar 15, 2021

Can you protect your assets in a prenup if your spouse cheats?

My fiance and I have dated on and off for over 5 years. We break up because she can’t be faithful. I do love her and we’ve been going to counseling which seems to help. I want to marry her but I don’t want to take the risk of losing half of my property and income if she cheats on me again. I’m told that adultery in Baltimore doesn’t help you ‘win’ the whole case, the other person could still get half. Can I write into a prenup that if she cheats on me she waives her right to half the property and alimony? Is that legal?

Baltimore, MD

Mar 15, 2021

Can you get an annulment with a divorce?

I am a devout Muslim and I want both a formal divorce and a Faskh from her, or annulment. She has cheated on me and disgraced both of our families. I also want full custody of my daughter and son, I do not want them around the man she is now seeing. Can I get the annulment at the same time as I get divorced, and can I prohibit her from taking my children around another man?

Phoenix, AZ

Mar 15, 2021

Can we waive child support in an uncontested divorce?

My husband and I are separating amicably. We want to jointly file for an uncontested divorce in Chicago where we live so that he can move with our older daughter to Texas as quickly as possible. Our daughter is very gifted and has a scholarship to an art school there. Our younger son is going to continue to live in Chicago with me. My husband earns a lot more than me but we’ve agreed that he won’t pay child support because we’re each going to be raising one of our kids and he’s going to pay all transportation costs for them to go back and forth between Chicago and Texas for visits. I know child support is mandatory in Chicago but under these circumstances, can we waive it in our uncontested divorce proceeding? Would we need to tell a judge why my husband isn’t paying child support? Also, do we need to put the agreement about the transportation costs in writing?

Chicago, IL

Mar 15, 2021

Will a Virginia prenup protect my property in Iran?

Both my husband and I are dual citizens of Iran and U.S. and I think I may want a prenuptial agreement before marrying. My family owns several large parcels of land in Iran and they want to make sure that should something happen between my husband and I, he has no interest in that property and cannot do anything to take it away from the family. If he is willing to sign a prenup relinquishing any rights to that property, will it be enforceable in Iran if he tries to take some interest in the property as marital property? What if he were to file a divorce first in Iran if our marriage doesn’t work out? Would the prenup carry over to that divorce and be valid there?

Fairfax, VA

Mar 15, 2021

How long to be a resident to get an uncontested divorce?

My wife and I separated and I moved from where we lived in Seattle to Los Angeles. I’ve been here 2 months now and I want to finalize a divorce. My wife and I are on good terms and we already divided our property and other assets. How long do I have to live in California before I can file for uncontested divorce here? I’m from Iran and have dual citizenship in Iran and the U.S., does that affect the divorce in any way? Do I need a lawyer to file? If I do, I would prefer to work with an Iranian lawyer.

Los Angeles, CA

Mar 15, 2021

Is denying a child a necessary medical procedure child abuse?

My ex and I have a 13 y/o daughter and we share custody of her. She was born with a large birthmark on her left cheek and now that she’s getting older, she is embarrassed by it and wants to have it removed. Her mother is from Iran and is Muslim, and she refuses to let our daughter have any procedure to remove the mark because she says it’s ‘plastic surgery’ and against her religion. My daughter is suffering because her mother is being unreasonable and I want to charge her mother with child abuse. I’ve read that withholding necessary medical care is a form of child abuse under Florida law. Both my daughter and I feel this procedure is necessary for her emotional well-being and her doctor agrees. If the mother is found guilty of child abuse, does that give my daughter and me the right to get her the surgery?

Miami, FL

Mar 15, 2021

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