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David Scott Carron

David Carron’s Answers

662 total


  • I want to sign over parental rights to my parents to get DCF out of the picture. ifi do this can I get my parental rights back?

    dcf has custody of my child right now. my parents are the legal guardians for my son as of now.

    David’s Answer

    Neither transfer would be automatic, as the Court has to approve who are suitable as the legal guardians of children.

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  • I am considering filing for divorce and want to know the possible range of outcomes both financially and custody of children

    I have two small children (5,1) and my wife has a 3/4 time job.. She makes $100,000 and I make $350,000. I have maybe 3x more assets than she does. We both have dirt on each other and can make each other look bad. It is a hostile situation. I need...

    David’s Answer

    Looking for specific numbers would require a full consultation. The duration of marriage is also a large factor to determine duration and amount of alimony. A large equitable distribution could also offset if not eliminate alimony. Courts tend to give more toward woman and the the primary custodian of the children. You also didn't mention retirement assets.

    There is a lot that goes into alimony calculations and it's not a science.

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  • Can the DCF be sued, or are they immune?

    The DCF has filed false charges against that may culminate into a TPR against me, thus alienating me from my 5 year old son's life. Can the DCF be held liable for their actions?

    David’s Answer

    You would sue the head admin and the workers involved. However, as state workers they have state immunity. If they were proven to be recklessly negligent (I.e. Proceeded on a charge where the worker knew the charge was false) that should be sufficient to overcome that immunity.

    The trick is actual knowledge and not just reasonable reliance on the, potentially false, testimony of others.

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  • How can I get a quicker hearing date when filing a motion for a custody modification?

    Due to a shared custody modification I have had to transport my child back and forth to school in another town. The commute is too far creates a financial burden upon myself as well as frustrating my child with too much interruption with his scho...

    David’s Answer

    My suggestion would be to seek an agreement with the other party. Then you can do it and then just file a joint modification.

    Otherwise this can get complicated quickly.

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  • Can I choose my child's legal gardien?

    My child's father does not appear on the birth certificate and paternity is not established. I was wounded if now that I am the Only parent if I can appoint someone that will get custody if something happens to me and if that person will get custo...

    David’s Answer

    What you can do is to memorialize your intentions via a will. The difficulty is that the Probate Court has the jurisdiction and ultimate discretion. This is in order to insure that the Guardian meets DCF background checks and would be appropriate for the child.

    You might want to think about a will to do that.

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  • Child adoption

    Hi. I have a 13 year old daughter, her father has never seen her or spoken to her. He has now decided he would like joint legal and physical custody. We have court next week. I am leaning towards the judge will not grant him anything- secondary t...

    David’s Answer

    13 years is certainly a long enough of a duration to have him found as abandoning his child as grounds for a Termination of Parental Rights - if that was filed first. The problem is that the Court is likely to see his motion as evidence that he does want to be involved with his child. Any filings require disclosure of all other motions.

    What you need to do is to have his motions dismissed and the 209A should help with that. My guess is that he will attempt to claim that you kept the child away from him (and as a basis for his change in custody).

    You should look into an attorney for specific advice and direction.

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  • What happens if a child custody order is violated?

    I have 2 kids from a previous relationship. I have physical and legal custody of both children. My ex requested that my children visit their grandparents during the summer time. We have had issues with their grandparents trying to take the childre...

    David’s Answer

    The family court can't take direct action against them. However, GP's have no rights outside of specific orders. So you could call the cops.

    I would suggest that you extract an itinerary from the ex and the GP as a precondition. With the understanding that if there is a problem the police and family court (against the Ex for no more contact with GP) would be involved. Good luck.

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  • When the neighbors tree trimming resulted in the damage beyond repair of a kayak on our property, who replaces it?

    Our neighbors (whom we don't know well at all) had several of their trees trimmed by a professional company a month ago. We recently went to use a kayak that was stored on our land adjacent to their property and discovered that it had been comple...

    David’s Answer

    The answer is, yes. :)

    You should sue your neighbor, who should impleid the contractor as the responsible party. You also might wish to see about talking to the neighbor ahead of time to smooth things over. If they have home owners insurance they might just payout and resolve this. I hope you took lots of pictures of the area. You might also be able to make a claim from your own home owners insurance company (which might net you a loss in increased payments). Good luck.

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  • Getting a divorce. Have two businesses that are in my name only. Is my ex entitled to any of the business?

    We've been married for 12 years. My wife moved out to "find herself" and then moved back in even though I was at a point of being okay with us separating and now we realized we want a divorce. So far it's amicable and I hope to keep it that way....

    David’s Answer

    The standard "no-fault" division is for each party to get 50% of the assets and liabilities accrued during the marriage. So, she would be entitled to half of the value of the business during the marriage. This is a huge over-simplification and there are a number of exception and details here. I would strongly suggest meeting with an attorney to review this situation and give you specific advise. It does sound like you might have fault grounds as well for abandonment.

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  • Is it possible to modify a divorce decree almost a year after it was agreed upon, accepted, signed and sealed?

    The ex-spouse during our marriage did not work, gained her paralegal certificate and master's degree in psychology. The marriage lasted 11 years, the last two were basically a separation. In the divorce decree I gave up my rights to the home that'...

    David’s Answer

    Unless the agreement specifically notes that the alimony is non-modifiable, then you can file for a modification. You would need to articulate a "substantial change" in circumstances. A good attorney should be able to do that. Good luck.

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