Get free answers to your legal questions from lawyers in your area.
answered on Jan 12, 2011
No, it's not. You can file an Order To Show Cause to go back to what was your custody and visitation agreement, or you could file a Motion for Reconsideraton. The OSC is probably easier for you to do by yourself.
You should buy my book, A Man's Guide to Child Custody. It's... View More
answered on Jan 10, 2011
Yes, but the remedies by your ex, are limited. They can pay the mediator for you, and then seek reimbursement, or they can tell the judge that you refused to go, but your defense is you couldn't pay it, which would be a defense to a contempt action - inability to comply with a court order is a... View More
My 13 year old son's father told him he was going out for drinks and didn't return until nearly 8am the next morning. My son called me at 7am having no idea where his dad was or how he was going to get to school. Do I have any legal recourse?
answered on Jan 10, 2011
So long as the child was not in danger, had food, the home was safe, it is probably not child endangerment - which is what would be illegal. It is however questionable behavior that could cost him custodial time.
I like to think that if he was working it would be okay, but going drinking and... View More
Trustee refuses to transfer UTMA acct monies. Bank said they want court order to release money to me. I have reached age of majority 2 years ago.
answered on Jan 9, 2011
Depending on what type of account has been established, and what the rules for distribution were when it was established, being the age of majority may not be enough. Many times gifts such as this, have controls put in place so that an 18 year old doesn't suddenly gain $100,000 and go crazy... View More
My husband and I separated in 03 and filed for divorce. We got a stipulation for judgment then got back together. We never received a judgment. My husband died in 06. The union has a copy of the stipulation and said that it is proof we were divorced.I know we were not divorced and the court says we... View More
answered on Jan 9, 2011
I would suggest that you contact a lawyer such as myself to either have a certified copy of the file sent to the union to prove you were not divorced, or to file a lawsuit against them for the wrongful withholding of the benefits if you were the named beneficiary.
Assume there are only adult (no minor) children involved, and that the motivation is to seek redress by moving against both the spouse and the mistress.
answered on Jan 9, 2011
Unfortunately, when we moved form a "Fault" state to a "No-Fault" state, that meant that a party cannot sue for the Loss of Consortium, which is what people used to sue for when there was a loss of emotional and physical intimacy in a relationship.
Now, if you contracted... View More
My ex loves counseling and is using the mediator as a lethal weapon. He can afford to pay her and I cannot so when he wants to 'tell' on me (doesn't like what I am doing, etc.) he pays her to talk to him, my kids, etc. I can't afford to pay her so that she will listen to me. I... View More
answered on Jan 9, 2011
Court orders are enforceable with contempt proceedings, however, generally in Family Law cases, contempt means that either you will be ordered to pay for something, or you will have some substantive right reduced or taken from you.
The reality is that in most of these cases the court can... View More
answered on Jan 8, 2011
I would need a great deal more information to properly answer this question. Many people claim police brutality when they are being arrested and if that is what is happening here, then you'd need an outside witness to verify what was happening.
If he was trying to prevent an attack... View More
answered on Jan 7, 2011
I would send her a certified letter with return receipt addressed, so that you can verify you gave a good faith effort to get her the furniture. Give one week to schedule a time or else you will dispose of it however you see fit. Keep a copy of the letter, and when the 7 days are up, donate it all.
answered on Jan 6, 2011
No. Whether in a Criminal trial or a Civil Family Court trial there are Marital and Spousal Privileges that apply to prevent someone from being compelled to testify.
The spouse called as a Witness can refuse to testify and the defendant spouse can both prevent the testimony.
Good... View More
answered on Jan 6, 2011
If he is on the birth certificate, he would be presumed to have legal custody as well as the mother, and it would be Joint Legal and Joint Physical Custody - which means he has just as much right to the child as the mother.
Unless Father's action are in violation of a court order it... View More
answered on Jan 6, 2011
It would all depend on if you and your ex share Legal Custody, which is the right to make these types of decisions. If either of you have SOLE LEGAL then that person is the ONLY ONE who can make these changes, if you have JOINT LEGAL, you can both make them, but you are supposed to inform the other... View More
answered on Jan 6, 2011
This happens often, your attorney should have requested that the court 'reserve jurisdiction to apportion the fees and costs', so you can pay and then ask the court to award your repayment later at trial.
What happens in these kind of cases?
answered on Jan 6, 2011
Orders to Show Cause (OSC) re:Contempt are frequently filed and rarely successfully prosecuted. A contempt is what is called a quasi-criminal proceeding. That means it is somewhere between a criminal case ( with all the protections of the U.S. and State Constitutions) and a regular Civil... View More
answered on Dec 31, 2010
Once you have opened a case with the Department of Child Support Services they will assign it to their INTERSTATE division. Those are the lawyers you will want to deal with.
If they can't find him, because he is unemployed or working for a cash business you could call a local Michigan... View More
I filed for sole physical,and legal custody of both my children. I have not served there father, who is incarserated. I have been reading that it is almost impossible to get both. So i would like to change the sole physical to joint physical. Is it to late? He has not gotten the papers, nor knows... View More
answered on Dec 31, 2010
If you filed a Petition for Dissolution (Divorce) or a Petition to Determine Paternty, you can amend those and serve them on him.
If you filed for an Order To Show Cause, you can either amend or withdraw it, as it has not been served on him yet.
answered on Dec 31, 2010
It depends on what you want to add. If you are seeking to add Police Reports, you can bring those to the hearing, with copies for the opposing side and the judge. Be sure you know how to authenticate the records so that they are admitted to evidence.
If you are looking to add declarations,... View More
I am graduating high school in January 2011 however, will not be turning 18 until August 2011. Is there a loophole in the age of majority law that allows me to visit a friend for a week (without parental consent) without the friend getting in trouble for "harboring a runaway"? The friend... View More
answered on Dec 29, 2010
Yes, it is called being an emancipated minor. You can petition the court to allow you to become an emancipated minor which means that you will have to be self supporting.
If that is something you want to do, you should ask the clerk of the court if they have a self-help packet for how to... View More
answered on Dec 29, 2010
That means that your ex-spouse, the Petitioner, filed the papers, had you served with the Summons and Petition, and that more than 30 days has elapsed, and has now requested that you be put in Default. It means that you failed to file a Response to the Petition.
They went forward and asked... View More
answered on Dec 29, 2010
Under the Family Code of California, once a person over 14 is declared to be emancipated, they are an adult for all purposes and are to be self-sufficient.
However with the new federal regulations allowing an adult child to be on a parents insurance until they are 26, that should override... View More
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.