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Rory Brooks Driscole

Rory Driscole’s Answers

9 total

  • Can my Ex boyfriend gain full custody of my daughter

    He has never been a consistent, moral or even safe part of her life. I was unwed at the time of her birth. He is not on the birth certificate. He has no established paternity. He was physically abusive toward me and continues to be verbally abusiv...

    Rory’s Answer

    Paternity will likely have to be established. However, there seems to be many complicated issues going on here. I think its best if you contact a lawyer who can help explain all these issues to you.

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  • My sons absent father is trying to get custody after two years since he has to pay support, how do I fight this?

    I have raised my son with my family myself, and after 8 months I took his biological father to court for a paternity and support. he made no contact with us at all prior to that. he started hanging out with me a bit to make nice, then i droppe...

    Rory’s Answer

    My colleague is correct. Support and Custody are separate issues. As for custody, the standard in Pennsylvania, when determining custody, is what is in the best interest of the child. Most courts will find that having both parents involved in the child's life is the best interest of the child. This might make it difficult to go about moving to another state without your child's fathers consent, especially if he has partial legal or physical custody. You should definitely contact a lawyer.

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  • M boyfriend was found gulity on 3 counts of terroristic threats and 3 counts on simple asssault 1count of possessioninstrument

    hi my boyfriend was rencently found guilty by the judge on 3 counts of simple assault and 3 counts of terroristic threats and 1 count of possession instruments of a crime with intent his record score is a 3 i was wondering how much time could he get?

    Rory’s Answer

    Have your boyfriend contact an attorney. There is a lot that goes into sentencing besides just what your boyfriend's prior record score is. There are tons of variables that go into sentencing which include but aren't limited to offense gravity scores of the crimes he's charged, mandatory sentences, how the sentencing matrix works, whether or not charges are run concurrent. All of these are things a criminal attorney can help you understand and explain to you.

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  • Am I able to move in with my dad?

    I'm 15 in June, my dad has gun and drug charges but he's clean now and he has been for almost over a year, He has a stable home, food, a room for me and everything is good. My mom verbally abuses me.

    Rory’s Answer

    This seems likes a child custody question to me. The courts look at the best interest of the child when determining the custody of a minor child. However, at 15, they will factor in your preference along with the other factors that you have listed. If your dad is trying to get custody of you, he should file a petition or hire a lawyer to do so.

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  • I need a child custody lawyer. Can anyone refer me to a lawyer that can help someone with absolutely no income?

    My court case is on 6/7. My ex-husband is taking me to court to get custody of our two daughters. I need some kind of legal aid from a lawyer who practices in NJ but I live in PA. I am having difficulty finding legal counsel and need help. The mot...

    Rory’s Answer

    Where in New Jersey? Most counties do have legal aid services available and you can contact them by calling the counties bar association.

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  • How could this arrest have happened?

    I was pulled over in NYC yesterday and they stated that I had an outstanding violation from 1988. They arrested me on the spot. I asked for information and noone could find anything on the violation whether it was speeding, parking, red light? ju...

    Rory’s Answer

    You should absolutely contact a lawyer in the area where the warrant and charges arouse. They will be able to help get you the information you need as well as assist you at your court date in June.

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  • My mother gave me permission over the past 2 years to use her credit card.

    I have been making payments faithfully every month & on time. I assume the debt as my responsibility. Just recently my mother passed away. I immediately contacted the card company and told them she had passed away & asked what to do. They said it ...

    Rory’s Answer

    It will be up to the state whether or not to go ahead with charges against you. If they do, I suggest you contact an attorney.

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  • Can my lawyer still negotiate a better deal for me after the pre trial hearing and before or during the pre trial bring back?

    My private lawyer was not paid in time to go to the pre trial hearing and I ended up with a public defender who doesn't seem to care. Can my private attorney still negotiate a better deal for me before or during the pre trial bring back?

    Rory’s Answer

    Absolutely, as my colleagues have said, your lawyer can negotiate a deal throughout the process. However, keep in mind depending on the county there are certain stages of the process were you will get your best deal. For example, at the formal arraignment.

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  • I was granted sole legal custody of my son and now my sons father wants to share legal custody.

    he gave up his rights to join the army then got kicked out but not before his parents intervened and I had to go to mediation with them. I was granted sole legal custody of my son and share partial psychical custody with his parents and now my son...

    Rory’s Answer

    Rely on the advice of your attorney, that's what they are there for.

    Keep in mind, with almost all custody situations, the standard is the Best Interest of the Child. As I'm sure you are aware, legal custody encompasses those decisions you make for your child, such as medical decisions, schools decisions ect. The court typically will find it to be in the best interest of the child when both parents have a say in such important life decisions.

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