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John Arthur Smitten
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John Smitten’s Answers

5,852 total


  • What is a hearibg for a motion to dismiss action for lack of prosecution

    I got a notice for a hearing for motion to dismiss action for lack of prosecution for child support. I don't know what this is. I last year got a paper to fill out about financial situation and if i feel child support should be lowered and I res...

    John’s Answer

    It means the case will be dismissed for lack of record activity so if it is your case you have to keep it moving. Use of a lawyer is recommended.

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  • Can we get custody without hiring an attorney

    My husband found out he has a 3yr old daughter, however the mother signed over temporary custody to her parents. The Birth mother is willing to put him on the birth certificate, if we get him on his daughters birth certificate can he get the concu...

    John’s Answer

    Duplicate Question. Yes first you have to establish paternity then file for custody from the grandparents, who have no rights only temporary in this case. Use of a lawyer is recommended.

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  • INJUNCTION ENDED IN JUNE 2014...WITH NO EXTENTION MADE BY EX SPOUSE- Can I return to my home if ex spouse not living there?

    For example, as sole homeowner in my name on mortgage not ex spouse. And where 2 adult children 20 yrs. and 22 yrs. are still living there my concerns and rights to protect my financial interest and debt in the sole ownership of the premises, ins...

    John’s Answer

    If there is no existing order stating you cannot live there, then you can go back. Use of a lawyer is recommended.

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  • Do I have to allow visitation to grand parents?

    My mother doesnt talk to me. If I call her she hangs up. She goes to my ex husband to see the kids and visits .

    John’s Answer

    You are under no obligation to allow grandparent visitation and they have no rights to visitation. If your ex allows it on his time then he is permitted to do that. Use of a lawyer is recommended.

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  • Ex-spouse keeps my mailing address

    My ex-spouse has not lived in my house for 16 months. The divorce has been final for 2 months. I keep getting his mail. Am I obligated to give it to him or can I discard it?

    John’s Answer

    Give him a courtesy notice to change his mail with the post office then after 20 days start discarding it.

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  • Why would a court order an alcoholic father visitation when the child wants nothing to do with him.

    I have 2 children with the same father, both my children want nothing to do with their alcoholic father. Why would the court force me to force my child who is 14 almost 15 to visit the father and not make the 17 yr old visit. Who will protect my c...

    John’s Answer

    These are certainly important concerns so you should file a motion for supervised visitation, and for the father to be forced to take alcohol treatment classes. Use of a lawyer is recommended.

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  • Do I even need an attorney??

    I was married July 2005 in Tampa fl. We had separated on 02/12/12, just before Valentine's day. Our marriage ended then and I only saw him one time in Nov 2012 to get a ride to Walmart. In the last 2 years I've moved on and tried to find him to fi...

    John’s Answer

    If you are asking yourself should I get a lawyer or not then if in doubt get one.

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  • Emancipation, I son says when I evicted him legally , out of my house at 16 and I placed an a temporary restraining order it....

    emancipation, I son says when I evicted him legally , out of my house at 16 and I placed an a temporary restraining order it....that didn't stick .. this automatically gave him imancipation rights and I stated to him that in order to become imanc...

    John’s Answer

    You have to file a legal case for emancipation of a minor. Use of a lawyer is recommended.

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  • I need a lawyer that can Divores me and establish paternity for my children

    I need a lawyer that can Divores me and establish paternity for my children both the father of my children and my legal husband are will and onboard with this plan. I need to know how much am I looking at and how fast can this be done?

    John’s Answer

    $3,000 assuming no litigation, plus $500 for court costs. Use of a lawyer is recommended.

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  • I've recently separated with my sons mother. She refuses to give me any of our childs information like his social security no.

    We separated this week and I'm trying to avoid courts. Her mom being a paralegal gives are all the fuel in this situation. She thinks I will only have our son 6-8 days out of the month. And I'll pay a lot for child support. So I'm looking for advice.

    John’s Answer

    You are entitled to 50/50 time sharing and equal access to information. Use of a lawyer is recommended.

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