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James C Wing JR

James Wing’s Answers

329 total

  • How can I get my husband out of my home while filing for divorce? He is illegal and under a restraining order for family violenc

    Married he had a temp green card. 3 yrs later he has refused to help with immigration paperwork. He will not find a job or help with any financial obligations pertaining to he household or our 3 yr old son. I am Filing for divorce and still he won...

    James’s Answer

    I agree with both prior responses. File for a restraining order and seek exclusive use and possession.

    The restraining order application will be a proceeding separate from the divorce. You need to prove that your husband presents a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening. It is sufficient that he presents that way as to you only.

    In the existing divorce proceeding, file a motion for exclusive use and possession. Offer the same proof as in the restraining order application. Also, be prepared to prove that your husband's behavior is detrimental to the child. I would expect that to be the case as children are harmed by being witness to frequent fights between their parents.

    Obviously, I agree that you need an attorney to best present these difficult and probably contested issues. But, if you cannot afford counsel, the burden of proof is the same. You need to be prepared to persuasively recount the incidents and if there our others who have witnessed the behavior, have them testify to substantiate your testimony.

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  • What rights do I have?

    I moved here with my husband and our daughter 2yrs ago and since then we had another child. I now am seeking for a divorce and want to leave but everyone keeps telling me that its kidnapping if I left and moved back to Nevada or Florida with eithe...

    James’s Answer

    Your post raises several issues.

    First, where should you file for divorce? As stated before, Connecticut is the appropriate jurisdiction for filing the divorce because it has been the children's home for the past 6 months. When the divorce is filed automatic orders attach and govern what either party may do. The child related automatic orders are:
    (1)]Neither party shall permanently remove the minor child or children from the state of Connecticut, without written consent of the other or order of a judicial authority.
    (2) A party vacating the family residence shall notify the other party or the other party's attorney, in writing, within forty eight hours of such move, of an address where the relocated party can receive communication. This provision shall not apply if and to the extent there is a prior, contradictory order of a judicial authority.
    (3) If the parents of minor children live apart during this proceeding, they shall assist their children in having contact with both parties, which is consistent with the habits of the family, personally, by telephone, and in writing. This provision shall not apply if and to the extent there is a prior, contradictory order of a judicial authority.
    (4) Neither party shall cause the children of the marriage or the civil union to be removed from any medical, hospital and dental insurance coverage, and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect.
    (5) The parties shall participate in the parenting education program within sixty days of the return day or the complaint or within sixty days from the filing of the application.

    Second, what can you do immediately? You expose yourself to orders in Connecticut that you return the children to Connecticut if you go to either Nevada or Florida without first obtaining either an agreement or a court order allowing the move. You also will have the burden of being in Connecticut frequently for court until the divorce is concluded.

    Third, what is the likelihood of your getting to relocate with the children as part of the final divorce agreement or decision? Connecticut law differentiates between requests for relocation incident to the divorce and requests that require the modification of an existing final order. Your best chance of winning a relocation is now.

    Relocation cases are much more likely to require a trial than divorce cases where a relocation is not in issue. Accordingly, having an attorney, optimally having a skilled trial attorney with experience in relocation cases would be a great advantage.

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  • I was arrested in CT. My charges were nolled and supposedly erased based on 54-142a(e)(3). Do I still need an expungement?

    Arrested in CT... Not a minor ... Charges nolled and supposedly erased based on above statue. Letter received from state confirming finger prints erased. Letter received from arresting agency confirming police report, mugshot, etc erased. Also...

    James’s Answer

    You were not convicted so there is record to erase. Therefore, I do not think you would benefit from seeking an expungement. The internet has records that are cached and some arrest records are placed on-line as news. Where appropriate, my office writes news websites for our clients asking that the information either be removed or be amended to reflect that there was a disposition that did not include a conviction. The news reports are nonetheless accurate if they reports that you were arrested because that is true.

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  • Can a father of a child legally demand the childs last name to be his?

    Currently our son (we were never married and had a very short relationship) has my last name (both parents only child). Father wants son to have his last name. He is petitioning the court for this. Legally, can he demand this? Our son has his ...

    James’s Answer

    I agree with the other counsel that it is possible.

    Look at the controversy from the viewpoint of your child. If there is a compelling reason one way or the other, try to obtain the outcome that is best for the child. If what's best for the child is the using the other parent's name, you can do the right thing, same time and aggravation (perhaps money) and just agree to the change.

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  • How to get my children back? What Connecticut family law lawyer do you recommend?

    I was ordered not to see my 6 month old babies by the court due to a an accidental femur bone injury to my 6 month daughter. The dr said injury does not correlate with story. This is our second case with DCF. First incident my 3 mnth old son hit h...

    James’s Answer

    There are many good attorneys in the AVVO listings and there are AVVO ratings. Meet a few lawyers and learn how they approach matters. Then, pick someone you trust, who can articulate the issues in your case, and whose style makes them a good match for the way you want to proceed. Ask for a proposed client/attorney agreement. Review not just the terms, but evaluate the lawyer's writing skills.

    Good luck.

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  • Question about a DUI and criminal record

    Let's say in Connecticut that someone is arrested for a DUI. They go to their arraignment and the DUI is dismissed the but moving violation they received along with the DUI was nolled. Does that mean, according the the Erasure Law, that the char...

    James’s Answer

    Attorneys Shalvoy and Cooney are correct. Respectfully, I suggest the other poster may not be familiar with Connecticut's law on criminal records and the treatment of theses issues vary from state to state.

    Potential employers should not ask you if you have been arrested. In the US you are innocent until proven guilty and being arrested does not mean that you are guilty.

    But, what to do if you are asked about arrests? Choice #1 is to describe the conduct anyway, in your case emphasizing the disposition you received. Choice #2 is to refuse to answer on the grounds that it is not a proper question, and volunteer that you have not been convicted of any charges. Obviously, you need some finesse when utilizing the Choice #2 to avoid suspicion and to avoid leaving the impression that you are a wise guy. Choice #3 is that you say you were never arrested. This is a mistake, because it is not truthful. A Google search may reveal your arrest. I am familiar with a person who chose #3 and received a job only to lose it. Not because of the minor violation, buy because he lied.

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  • How many people can have custody?

    I have an open custody case and I'm remarried. Can my currant spouse intervene on the case and asked to share custody with me and my ex?

    James’s Answer

    Usually the parents share joint legal custody or one of them is awarded sole custody. The issue of third party custody is very complicated and there is a presumption that it is in the best interests of the child to be in the custody of a parent.

    Evidence that the child would be harmed if the other parent had custody rebuts the presumption. It is logically inconsistent to simultaneously seek joint custody with the other parent and claim that that parent having custody would be detrimental to the child. Accordingly, I suspect that you would need a basis for you to have sole custody and your spouse would then intervene seeking joint custody with you, so that the new spouse could be in a better position if you were to die or otherwise be unable to act as the custodial parent. It would also be necessary to prove that your new spouse has a relationship with the child that is in the nature of a parent/child relationship.

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  • Does Connecticut show favoritism to men in divorce?

    Post judgment motion for contempt issue. My case has been unresolved for nearly 4 years. Bad rulings, careless mistakes in rulings occur though it remains a simple breach of contract which no one is enforcing. The court has not punished my ex hu...

    James’s Answer

    I agree with earlier posters that there is scant evidence of any gender bias and that being represented, if you are not, would be helpful. If cost is the limiting factor, at least, seek a short consultation as suggested by Attorney Flaherty. It seems to me that getting your alimony and concluding the 4 years of conflict would be a worthy investment.

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  • Can a mistrial be granted in a custody case?

    I'm representing myself in a custody case. They r trying to make a big deal of my medical marijuana card and disability. The judge has given them the right to look at my medical records. It appears this is gonna include my case notes though we hav...

    James’s Answer

    The danger of self representation is revealed in your question.

    Please understand that a mistrial is something that a court is always reluctant to order. This is because trial time costs parties and the state and should not be wasted. Accordingly, a mistrial is granted only when something happens that is so severe that the court feels that a party cannot no longer have a fair trial.

    Custody cases are determined by judges, not juries. Judges are permitted to exclude evidence and are trusted to not consider the excluded evidence in determining the case. Alternatively, juries are not trusted to ignore some facts despite a judge's instructions, which is why mistrials most often happen in jury trials.

    Further, you had the chance to litigate the confidentiality issue and if you objected to the admission of your medical conditions and treatment modalities into evidence, it was your responsibility to make that objection persuasively. If you made an objection in the proper form to preserve your claim, but the judge chose to admit the evidence over your objection, your remedy is in an appeal where you would have to prove that the judge's decision to allow the admission of the evidence was an error.

    I do not think a mistrial will be ordered under the facts you describe.

    Obviously, you would be advantaged by obtaining an attorney as soon as possible.

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  • Who is the best Juvenile Court Attorney in the State that doesn't get checks from the state?

    I am seeking to retain an attorney to represent my daughter at Juvenile court in getting her guardianship reinstated.

    James’s Answer

    There are a number of attorneys who have contracts under which they accept appointment from juvenile courts to represent the parties and other concerned individuals. Your question implies that you do not wish to be represented by any of these attorneys. You can find attorneys on AVVO who are well regarded and who list juvenile among their practice areas. Ask them how often they represent people in the juvenile matters now, and whether they now or have in the past represented people pursuant to a contract with the state.

    I recommend meeting anyone you consider hiring in person. Ask about experience at trial in general and in the juvenile court and, remember, the lawyer is going to be your daughter's voice. She should be comfortable that the lawyer's style of presenting a case and general demeanor are a good match.

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