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Cassie Lynn Baudean

Cassie Baudean’s Answers

190 total


  • While waiting for judge to make decision on ' p .s.a.(like separation) can spouse take temporary house without abandonment?

    Thinking of filing for divorce but spouse is unaware. He's been doing things which violate marriage commitment, says he's stopped & not doing anything wrong. But"not true". Its been almost 5 years since I found out. Also have 2 kids & trying to ...

    Cassie’s Answer

    You need to meet with an attorney BEFORE you move out to make sure you are protected and to formulate a plan for when you leave. If not done properly, you could put yourself in jeopardy down the line with your divorce case.

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  • How do I get a better attorney?

    My attorney is virtually nonexistent. How do I hire a new attorney? How will it affect my current case and property?

    Cassie’s Answer

    Have a meeting with your attorney and document why you are unsatisfied. It may be a simple fix and will create a better relationship with your current attorney. If not, you are free to fire your attorney at any time. However, be aware that there may be consequences to doing so. If it is close to your trial date, the judge may not allow you to have a continuance to retain a new attorney and a new attorney may be unwilling to take a class close to the trial date (because they will not have adequate time to prepare and competently represent you). It may also cost you additional money because your new attorney will have to review your entire file, for which they will likely charge their hourly rate. Good luck!

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  • Can I file for divorce and custody on my own and then later hire an attorney?

    I am still in the process of gathering the funds needed to retain legal representation.

    Cassie’s Answer

    You can hire an attorney at any stage in the process. However, the difficult part may be finding an attorney who will take the case at that point. If it is too close to the end and a final hearing has already been set, attorneys may decline to take the case because there would not be sufficient time for them to prepare the case. It may be worth your time to speak with some attorneys about payment plans to determine if you could work out the funds along the way but have representation from the beginning. As the others have said, it may be more expensive to hire an attorney later down the road because that attorney may have to re-do (or undo) some of the things you've done earlier on in the case. Good luck!

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  • Can ex-wife change childcare without my consent?

    My ex-wife enrolled our two children in new after school care this fall without consulting me and without my consent. She has now switched one of our children into a new after school care center and has alerted me after the fact. This was done w...

    Cassie’s Answer

    Depending on all of the facts surrounding the matter (i.e., the differences between the after school care programs, the locations, the costs, etc.), the court may or may not consider it a major decision. There is not black and white answer to that question.

    As to filing a show cause, you want to think about that seriously before you act on it. What would you want the result of the show cause to be? The results can vary significantly and again, are so fact based it is impossible to say what you would gain. At best, you might get your attorneys fees paid for and a reprimand by the court. At worst, your show cause will be dismissed and you may be in the hook for her attorneys fees. Talk with an attorney about your situation before moving forward.

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  • I Filed for divorce checked on the status and the judge hasnt processed or viewed it due to some reason he wont say, what now?

    Keep in mind im representing myself, and its a no fault pro see divorce.

    Cassie’s Answer

    Many judges will not review your divorce case until you have set a hearing on the case or presented the court with a fully endorsed Final Decree. Even no fault divorces can be complex and you want to make sure it is done properly so that it does not affect you in the future. You should consider contacting an attorney regarding this matter.

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  • What forms do i need to file for court

    im divorced. part of the settlement agreement in the divorce decree. was my x was suppose to sign deed of over house to me. he has not. i went to court house was toild i need to file an order to reinstate. ..??? and ???

    Cassie’s Answer

    You should consider speaking with an attorney about your issue. Aside from filing the right documents, with the right language in them, you would then have to be able to prove your case to the judge, complying with Virginia's Rules of Evidence. Many attorneys offer a free consultation and Avvo has a Find a Lawyer tab as well.

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  • Custody Complaint and response questions

    I recently filed a complaint for custody and got a response, where some issues were raised and also a request by defendant for the complaint to be denied and also a request for attorney fees, just for asking to see my child more often? Can i respo...

    Cassie’s Answer

    Pleadings (i.e. a custody complaint or petition) need to be completed and filed properly for the court to hear the issue. If it is properly filed, there may still be reasons to dismiss the complaint. It is, however, normal for there to be a response to a complaint or petition and depending on that response, it may or may not be appropriate to respond or to set the matter for a hearing in front of the judge.

    You should seriously consider retaining an attorney to properly file pleadings and present the best case possible for you to obtain the result you want. Losing this case may bring consequences for you in the future so you should use an attorney to have the best chance of winning (though, even with an attorney there is certainly no guarantee of obtaining your desired outcome). Best of luck!

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  • What kind of rights does of a father who has been proven to be the father and he persued the whole thing

    What kind of rights does a father have? The mother is not allowing him to see is child and the courts are allowing her to give him no shot at being in the child's life but she is allowing another man to raise her although the real father wants to ...

    Cassie’s Answer

    Assuming that you are correct that you have been proven to be the father (this would typically be through ordered paternity), you do have equal rights to the child. However, the courts will not focus on your rights as much as the best interests of the child, which becomes very fact specific. Many facts can affect the likely outcome of your case, such as the age of the child, the involvement of you and the mother throughout the life of the child, the health of each parent, etc.

    The courts can become complicated and you should seriously consider having an attorney review the facts in your case and represent you in trying to get additional time with your child. Best of luck!

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  • I'm an unwed father of a 12 month old who has provided health care insurance for the child, a stable home environment.

    I have shared the daily responsibilities of the care given to child I am worried that his mother may leave when she finishes her college education . She is a good mom but I don't think things will work since she won't even wear the engagement rin...

    Cassie’s Answer

    You should consult with an attorney to determine your best course of action at this point as it will be very fact dependent. That being said, it may be time to have a serious discussion with the mother of your child and come to an agreement on the responsibilities of each party with regards to the child. Custody and visitation (and child support) can constantly be changed throughout the life of the child and a contract not submitted and endorsed by the court may not ultimately be binding. However, it will provide you some understanding of the relationship and what your situation may look like moving forward. If all else fails, it may be time to initiate legal proceedings to have a judge make the determination (you will seriously want to consider retaining a lawyer as legal proceedings get complicated quickly). Best of luck!

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  • Can I move to terminate an incarcerated parents rights?

    My daughter has not seen her father in 4+ years and is now 8. This has been due to his many criminal drug offenses, and lack of contact. (As well as my efforts of trying to keep her in a safe and positive environment). I recently found out that ...

    Cassie’s Answer

    Terminating parental rights is a very difficult thing to accomplish. You should seriously consider finding a way to retain an attorney if you want this to be handled correctly. The limited information we can provide on this website will not be sufficient.

    Courts are very hesitant to terminate a parent's rights without another person being willing to financially support the child.

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