For example: In a case where a client has retained me for an uncontested divorce that later becomes contested; I just apply the amount of attorney fees already paid by the client to what retainer I charge (All of this by contractual agreement of course.)
To answer your question, not necessarily. It depends on what you and your attorney agree upon.
Michael L Capleone's answer If one party files for divorce and another party files too dismiss the case, the case will generally move forward. A hearing date would be set to hear the argument of both sides concerning the motion. In order to give you an answer concerning argument against the motion, I would need to see a copy of the motion that was filed and what arguments / issues that are being raised in said motion.
Michael L Capleone's answer That is a very complicated question, you have not given enough information of the circumstances and background. I would advise you to seek the advice of an attorney by legal consultation.
Michael L Capleone's answer You need to get a court order, without one in place it will be obviously very difficult dealing with the circumstances. Without an order of the court, you both have equal rights to the child; With no visitation or custody schedule in writing.
Michael L Capleone's answer If the court order addresses visitation and custody and the ex spouse is in violation of that order. Then there are legal remedies in place concerning that type of circumstance.
Michael L Capleone's answer Typically if the parents of the child are not married and there are no Court Orders in place already addressing custody.... Then one parent would need to petition the Court of their jurisdiction requesting that paternity and custody be established. Until that time, custody would tend to be with whichever parent the child happens to live with.
Michael L Capleone's answer I would need to know more details about the case to answer the question. To gain custody you would need to petition the Courts. The specific facts, details, and history of the situation would all be variables. I need more information.
Michael L Capleone's answer It really depends on the language addressing this issue in the divorce decree. You would need to review that first to see if there is true violation of the Decree. Then if so, you could possibly file a petition with the Courts to have the other party found in contempt of the Divorce Decree.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.