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I had a lawyer for the case but want to proceed pro se. If the case is closed can I just continue pro se. Do I need to ask attorney to withdraw or can I file a motion for substitution of counsel stating that I am now representing myself
answered on Aug 7, 2024
If your case has been closed, you can reopen it without retaining an attorney for the new issue. You would file your document with the clerk of court pro se, and a motion for substitution would not be necessary.
answered on Jul 29, 2024
In theory, you could draft and submit such a motion. It would be signed by you and your attorney. But the attorney knows how to submit such motion a lot better than you do.
Our child in this case is 9. The father and I share 50/50 custody, rotating time sharing weekly. For summer we each get about 3 weeks uninterrupted time. Tomorrow, the 22nd is supposed to be the start of the father’s 3 week summer time sharing. I got word from his wife on Friday that he was asked... View More
answered on Jul 22, 2024
If you "got word from his wife on Friday that he ... moved all of his stuff out and into a [friend's] house", isn't it clear to you that he now lives in the friend's house? If you are in doubt, ask his wife for clarification.
court ordered time sharing temporarily for 6 months , but other party has not completed steps for orientation thus meaning i haven't seen the child in the time that was ordered ( 6 months ) , made by the judge , its been over 6 months and the other party has not followed steps to begin the... View More
answered on Jun 16, 2024
If the other party is not doing what they are supposed to do then you need to return to court and ask the judge for help. Speak with a local family lawyer for more specific advice.
My boyfriend has residential custody of his son for the past 10yrs. Ex gf is now suing for custody & noted that my boyfriend refuses to let her meet me, this is false. Am I required by law to meet her? We live together but I have no desire to meet her as she has showed up uninvited and... View More
answered on Jun 11, 2024
No, you are not required to meet her. But your refusal to do so might adversely affect your boyfriend's custody case.
I live in an abusive home. I moved in with my grandparents in 2018 at the push of my grandmother. My grandmother adopted my sister for the money she gets, she tells she is going to leave her with me because she didn't sign up for the responsibility only the money. She calls her names, is... View More
answered on May 18, 2024
It sounds like you need to try and move out of the home and get away from the toxic environment. If you believe that a child is being abused, abandoned, or neglected, you should contact the department of children and families.
answered on May 15, 2024
There is space to indicate that you are unemployed. On the affidavit or in court you will be asked what efforts you are making to find a job. Speak with a local family lawyer for more specific advice.
We have been separated for 5 years now. She is remarried and has another child with her husband. She does not work and stays home with all the kids and homeschools them. Her husband makes approximately double what I make, and they live a lavish lifestyle, yet I send her money each week. This is a... View More
answered on Apr 30, 2024
A new spouse’s income doesn’t count for child support. You need to go to court for a formal parenting plan if you don’t have one. Speak with a local family lawyer for more specific advice.
Last Friday was day 45 when all mandatory disclosure and financial affidavits were due to be turned in / delivered by mail. We still have not received them. We found a motion to compel but it says you must attempt by contacting party/attorney to get the documents before filing the motion. We sent... View More
answered on Apr 17, 2024
Ask the attorney for a specific date for compliance. If they will not agree or if it is too far out then file the motion to compel. Speak with a local family lawyer for more specific advice.
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answered on Apr 6, 2024
If it goes to trial, you will need to have witnesses to the DV incident or incidents, Records from cases that was dismissed are hearsay and therefore not admissible.
answered on Mar 21, 2024
You need to file a Motion to Enforce to notify the judge that an order has been violated. Then you need to request a hearing on that motion. Speak with a local family lawyer for more specific advice.
answered on Feb 22, 2024
You may be able to get your children but you must first return to the court that issued the order giving your mother custody. The change is not automatic. Speak with a local family lawyer for more specific advice.
I have a 4 year old daughter. I am currently going threw a divorce. my Divorce lawyer tells me that I have to get my own place. I live with my brother and I have my own room. I am on the lease now. I told my DL that I can give my daughter my room and I can set up the livingroom for myself. So it... View More
answered on Feb 15, 2024
You should believe what your attorney tells you; or get another attorney.
Petitioner filed for dissolution of marriage. Respondent answered and filed a counter petition. Petitioner answered with a general denial. What is next?
answered on Feb 5, 2024
Next is the exchange of mandatory disclosure. Read family rule 12.285 for the list of what is required. After the parties exchange the discovery (documents) then the court will probably order you to participate in mediation. Speak with a local family lawyer for more specific advice
My spouse served me with divorce papers after I put a temporary injunction on them. Currently I am occupying the marital home and have full time-sharing/custody of the children (due to temporary injunction). If I voluntarily dismiss the temporary injunction, will my spouse be able to come/go from... View More
answered on Feb 2, 2024
You need to address these issues with the judge that is handling your divorce case. If there are no court orders to the contrary than you continue to share the children and the house. Speak with a local family lawyer for more specific advice.
answered on Jan 29, 2024
A family lawyer that handles or specializes in dependency cases.
My son and his ex (never married) have a 6 month old daughter. Mother and baby live with me still, but Dad moved out months ago and rarely comes by now. His new girlfriend has endangered the infant 3 times now (first time was at 4 months old) and Mom is terrified as Dad demands the baby this... View More
answered on Jan 5, 2024
Until the parties have been to court on a paternity action the mother has full control of custody. Speak with a local family lawyer for more specific advice.
When I was pregnant with our son, my (now ex) husband went to prison in OR. Once he was born, I moved in with family in FL. Upon my ex's release, he had an affair, so I filed for divorce. He was granted conditional video visitation to start with, since he's never met our son. This was... View More
answered on Jan 2, 2024
You need to start with the court order that addressed custody from your divorce. Was that in Florida or Oregon? Next, speak with a family lawyer in that jurisdiction who can advise you more specifically on your rights and obligations.
answered on Dec 29, 2023
Unless and until the father goes to court with a paternity case the mother is in full control of the child by default. Once in court, the movements of the child can be restricted by the court. Speak with a local family lawyer for more specific advice.
Father told the mother he did not approve of his child being taken out of state to go to California without his permission. Child is 5 years old. Mother got out of a DUI 2 nights before leaving the state abruptly. During the DUI investigation she had 2 kids under age of 5 in their car seats and she... View More
answered on Dec 13, 2023
You need to return to the court that issued the timesharing order (parenting plan). File a motion for enforcement/ contempt and ask for the children to be returned to Florida. You may also be able to pursue a pick up order. Because these issues can be fact specific and complex speak with a local... View More
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