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David Scott Carron

David Carron’s Answers

667 total


  • My ex filed a modification and got a huge percentage of parenting time at temporary orders based on false statements

    My ex and I have joint physical and legal custody. I moved about fifteen miles further away and now live in a much bigger, nicer place which the kids enjoy. He filed a modification requesting to have the kids during the school year for all weekday...

    David’s Answer

    Appealing temporary orders is a non-starter. Those are considered to be not final orders and therefore not appealable. Sounds like you should ask the Court for appointment of a GAL so that they can determine what is appropriate for the children.

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  • How can I avoid having to pay alimony or child support on a one-time gift from my parents toward a down payment on a house?

    I'm getting married (yay!) and my folks are planning to give me money toward buying a house as a wedding gift (double yay!). However, I have young kids in common with an ex-spouse and I am worried that I would have to save the gift to pay toward ...

    David’s Answer

    There is no reason to disclosure, at all, unless there is discovery and a court case currently involved. Theoretically, you could be made to disclose bank records going back three years.

    But the short answer is: no.

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  • In the state of Connecticut; do you have to take a parenting class before you can file for visitation?

    A friend of mine has not seen his son for a month, but the filing clerks are not allowing him to file for visitation unless he completes a parenting class. Is this information accurate?

    David’s Answer

    That does not sound right. There is some basic information that needs to be provided when filing; an affidavit listing any current or past court cases and the places of residence of the children for the past few years. There my be specific orders in that case but I can't imaging that the filing clerks would be aware let alone enforce anything so specific. The Court clerks don't prevent folks from filing whatever they want.

    There is a parenting impact class that needs to be completed but that's for a Divorce and not at the filing stage.

    So I'm not sure what is going on.

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  • Can I get full custody of our children if their father has not followed the temporary parenting plan?

    I live in NH and I'm in the process of getting a divorce.I have a restraining order on my ex husband. My ex and I agreed on a parenting plan in March 2015. He is supposed to supply our kids with their own cell phone so that he can talk to them o...

    David’s Answer

    That should be more then enough evidence. The fact that he was arrested and will likely be going to jail means that you should get sole custody. The fact that he has not cooperated with that supervised order means that you have a good evidence for asking for limited visitation, since he didn't follow court orders. (Which may be moot if you have no means of getting to the jail that your husband will be staying at.)

    So the answer is, absolutely. But feel free to check in with an attorney for specific details as to your situation.

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  • I'm 17 and received an underage drinking citation in Wisconsin, while I'm from New Hampshire. What can I do?

    A few weeks ago I had some drinks with a friend on a camping trip in WI, and fell asleep on a hill in the campground. We were woken up at 2AM by four sheriffs. They claimed to have smelled alcohol and ordered us to blow into the breathalyzer, whil...

    David’s Answer

    "on a camping trip in WI" This sounds like WI jurisdiction and therefore you need some advice from an attorney from there. Frankly, I don't know the Juvenile threshold of that state is.

    As to whether colleges would find out is a more tricky question. Most applications ask you for your history and expect you to comply. At this point, it sounds like you were only arrested and charged but not plead yet.

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  • 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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