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Andrew Garza
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Andrew Garza’s Answers

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  • How can you keep the father from obtaining visitation and you have sole custody? My boyfriend and I have a 1 year old child he

    Signed birth certificate but my child has my last name. He doesn't keep employment and currently has wages garnished for his child from a previous marriage.

    Andrew’s Answer

    If you already have sole custody, and he currently has visitation, you could file a motion to modify. However, as others have mentioned, you don't describe any facts which would persuade a court to terminate the child's father's rights, which are very important.

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  • My husband just summoned me for a divorce and is threatening to take sole custody of my children. I don's know what to do. Help

    HELP. My husband filed for a divorce and is threatening to take sole custody of my children. My husband had thrown me out back on July 1 of 2012 because he accused me of stealing his wedding band even though he had it hidden all the time. (alone ...

    Andrew’s Answer

    You should talk to a lawyer near you. Otherwise, if income is a factor, call Statewide Legal Services of Connecticut. They may be able to help you.

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  • Do I need to be represented in a contested child custody case?

    My ex husband has temporary physical custody of our children. I have taken him back to court many times for contempt. Most of the contempt is dealing with my rights in seeing my children or to have information of the children disclosed to me. He d...

    Andrew’s Answer

    Agreed. If this is the tenor of the relationship, a GAL might be best to ascertain the best environment for the children (which can also consider which parent will respect the rights of the other to see the children). Since the arrangement is temporary, you should get a lawyer before a final court order is entered. Once it is entered, the standard for modification can be difficult. In terms of his failure to respect the current visitation schedule, start keeping a diary ASAP that records the date, time, and notes. This can be helpful for later. Best of luck.

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  • Can you withdraw your divorce complaint by yourself? I keep asking my attorney to withdraw and he has not done so.

    I have filed for a divorce in June and had a change of heart and I would like to withdraw the complaint. I do have an attorney and asked him several time to withdraw the case and he has not done so. Can I withdraw on my own?

    Andrew’s Answer

    I agree with Jacqueline.

    You can get the appearance form here: http://jud.ct.gov/webforms/forms/cl012.pdf

    Withdrawal form here: http://jud.ct.gov/webforms/forms/cv041.pdf

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  • How do you find a lawyer in CT (new haven area if possible)that works pro-bono in a child custody case?

    Have been arguing with the mother of my son for almost 3 years. Can't agree on visitation rights. looking for joint custody. In debt over $40,000. in legal fees with little help. need advice asap and a name ASAP Thanks J

    Andrew’s Answer

    Depending on your income, I would contact Statewide Legal Services of Connecticut (http://www.slsct.org/). They have several pro bono divorce/custody clinics every week where volunteer attorneys give their time to help low income litigants fill out their papers. They also maintain a list of attorneys who are willing to fully handle cases pro bono, including appearances in court. Best of luck.

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  • Just married, not living together, can she get me for child support?

    Married October 12th, she asked for annulment. I am still married to her and she is now living with another man. I am bringing her to court for joint custody-she was not allowing me to see our son. Can she ask the judge to order child support?

    Andrew’s Answer

    Yes, she can ask the judge to order child support. Regardless of the current access schedule, the court will only be concerned about whether the child is being cared for. The child support guidelines can be found here (http://www.jud.ct.gov/Publications/ChildSupport/2005csguidelines.pdf). The amount you pay will ultimately be a figure based on a comparison of yours and your wife's current income, with adjustment based on the party the child is living with.

    A custody action is a good idea so that you will be able to have a concrete visitation schedule established and so your wife can't deny you your rights as a parent. I'd highly recommend consultation with a local family law attorney. Depending on the age of your child, and the environment that he/she is currently living in, you may want to ask the court for pendente lite orders. Often we ultimately see primary residence being awarded to the person who had physical custody throughout the proceeding. Best of luck.

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  • Ex wife in car accident not her fault her lawyer wants her to pay all the bills upfront. Never heard of this.

    In the past when I was in a car accident I gave all bills to my lawyer and he took care of everything.Has the Ct law changed where you pay everything upfront?

    Andrew’s Answer

    I agree with all of what's been said above. It would make sense that your wife might pay some of the bills up front if you did not have health insurance or med pay coverage on your policy and the initial treating physicians were unwilling to wait for payment. Otherwise, your lawyer should be able to find providers willing to treat under a letter of protection (LOP) for subsequent treatment.

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  • Can i get pay for my loss of work?

    This is a car hit in a parking of a supper-market, The insurance of The other car is paying The damage to The vehicle, but refusing to pay for my loss time of work, because having to wait for police, taking car for estimate and taking it to and ...

    Andrew’s Answer

    I agree. Small claims is your best avenue.

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  • Car Accident Medical Settlement - No apparent symptoms

    The insurance company of the at-fault driver that rear-ended me 2 1/2 weeks ago wants to settle an injury claim. I didn't report an injury to the police, but had a headache and neck pain later that night when I reported the claim to my insurance ...

    Andrew’s Answer

    I agree with much of the advice given above. You should absolutely take yourself and your son to the doctor before attempting to settle the claim with the insurance company. There may be, but hopefully are not, hidden medical issues that could crop up later. If you settle with the insurance company before getting treatment, you will be barred from seeking compensation in the future for injuries arising out of this accident. It’s difficult to assess what your demand should be without more facts. How significant was the collision? How much property damage was there? Any settlement will also be tied to the cost of your medical treatment as well. In short, go to the doctor. If everything’s fine, you could settle the claim. I’d recommend contacting an attorney in your area for help and to receive the maximum amount of compensation.

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  • Hi,can illegal have public defender ?

    cloth thief

    Andrew’s Answer

    It depends. If you are an illegal immigrant charged with a crime in state or federal court, you will have the right to be represented by a public defender under the normal rules in Connecticut that govern such representation. If your question is directed at immigration proceedings, however, there is no right to a public defender in these. If you are looking for representation in immigration proceedings, you would need to pay for an attorney or attempt to find one willing to work pro bono.

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