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Allan E Richardson

Allan Richardson’s Answers

825 total


  • How can I get the mediator to grant me joint custody again with my x husband not allowing me to?

    I have been going at it with my x husband, about our 9 year old son. This battle has been going for over two years now. Starting to feel like mediation is against mothers. 5 months ago, I tried to get the court to allow me to leave the state wit...

    Allan’s Answer

    The purpose of mediation is for both parties to come to an agreement about disposition so the mediator can not order something that the parties do not agree to. A judge can do that. You could check with your local legal services office to see if they could provide assistance if you meet their income requirements.

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  • Can my husband and I sue my ex, his lawyer and the mediator for defamation? And what can I do if I lose custody for it?

    My daughter was taken from me due to me missing a court date and I was hospitalized. My ex claims I am in an abusive relationship (hear say) the mediator seems to believe him. She says horrible things about my husband. My daughter is 2 1/2 and my ...

    Allan’s Answer

    It is unclear what the mediator has said and where she said those things that would establish a basis for defamation. Usually those involved in the court process are protected from defamation claims as long as they are acting within the scope of their duties.

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  • Could I get a restraining order for her? What else could i ask for when we do go to mediation drug test? visitation?

    I found out that the father is smoking weed he smokes in his car and at his house he wants to start taking the baby over more he recently told me that his grandma that he lives with lets him smoke weed in his house can i put a restraining order on...

    Allan’s Answer

    A restraining order would be proper if he is harming you or the child. You can ask the court to order him not to consume an illegal substance around the child. In order to have him prevented from seeing the child pending the mediation, you would have to establish harm to the child.

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  • Is a work (time) schedule that lists each employee by first and last name an invasion of privacy?

    A hospital that does their employee scheduling for one month at a time, lists each employee by first and last name, day or evening shift and department. The schedule is given out to each department employee, each month so we know who is working.

    Allan’s Answer

    No. An employer lists employees on work schedules so employees know when they are scheduled to work. There is a legitimate reason to list employees and there is no invasion of privacy. The right to privacy is very limited in the workplace.

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  • Can I request my children speak with the mediator if the judge ordered myself and ex to go, but the children were not?

    I have had sole physical custody of my two children since the divorce 7 years ago. There have been no change in circumstances, other than disagreeing with my ex on the children's education. Several months ago, he filed papers requesting joint phys...

    Allan’s Answer

    You can ask the mediator to interview the children but it will be up to the mediator. It may depend in part on the issues and the ages of the children.

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  • What happens if you are sentenced to probation, but are not willing to give up your 4th amendment rights?

    JUST CURIOUS

    Allan’s Answer

    If you are talking about searches, inspections or drug testing then those are likely a condition of your probation. If you are placed on probation, you do not have a choice about whether to follow the conditions if you want to successfully complete it and avoid being incarcerated.

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  • Can the settlement be enforced if I have not signed the final agreement?

    I signed a mediation settlement but did not sign the formal copy yet. I am finding that I had an incompetent lawyer. I feel I was not represent well. In fact, I think he may be getting payed by my husband to not represent me well. I felt the medi...

    Allan’s Answer

    You are bound by what you signed. It is unclear what you mean when you say that you signed an agreement but not the "formal" agreement. However since you are indicating that you are represented, your attorney can explore whether there would be any grounds to modify the agreement that you signed.

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  • Can I have police check her for sobriety, and search her car for drugs before I let my children leave with her in her car

    If x is sober when she picks up my children

    Allan’s Answer

    This sounds like a custody/visitation dispute and police will require some reason to become involved. If you believe that she is under the influence of alcohol and about to drive you could let the police know.

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  • Can you legally handle/post pictures of a service dog without permission

    I'm moving next month, so a friend is keeping my service dog with him at the new house for convenience and training purposes. They both went to visit a military friend who is leaving tomorrow. While they were there, a lady I do not get along with ...

    Allan’s Answer

    Yes, photos of animals to include service dogs may be posted online without permission. Service dogs do not have additional protections from having images published. You might consider letting her know nicely that you would prefer if she would take the photograph down.

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  • Should I go to mediation or get a lawyer?

    Had sexual relations with girl she told me after 5 months that she was pregnant. My son is 4 now and is high functioning autism. We got along for past four years we shared raising him and occasionally had sexual relations but I made it clear I wou...

    Allan’s Answer

    • Selected as best answer

    You can file for custody. The court will use the best interests of the child standard. The child's mother will have in support of granting custody to her the fact that she has been the primary custodian for four years. As long as she can provide adequate housing, the court will not find the fact that another party can provide larger housing to be especially compelling. You should consult with an experienced family law attorney to assist you in identifying your best arguments for custody.

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