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Joanna Marie Mitchell
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Joanna Mitchell’s Answers

945 total


  • How Can I Expedite a Divorce without Mediation?

    In May 2013 my spouse of 12 years was arrested for a domestic violence incident against me which resulted in a no-contact order that lasted 4 months. His case was ultimately dropped but he never returned to the marital home. Not knowing his state ...

    Joanna’s Answer

    You indicated that you have an attorney and your question would be best answered by your attorney, as he or she is familiar with your case. That said, if the settlement agreement has been signed by both parties and resolves all issues, then there shouldn't be any need for mediation. You should talk with your attorney in order to best determine how to finalize your case.

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  • My Daughters Ex has a suspended License,what does she do when he comes to pick up my Grandson?

    They have a 49/51 parenting plan that the father requested,so he didn't have to pay child support, She has filed for a new court date to end the unfair parenting plan..She has tried to get a Lawyer,but,,,, So any advice you could give we would app...

    Joanna’s Answer

    If he shows up driving to pick up the child, and you know for an absolute fact that his drivers license is suspended, then she does not have to permit the child to go with him while the drivers license is suspended. as that is potentially endangering the child. This would only be a temporary change in the timesharing though and, if he has someone driving him and/or if he gets his license reinstated, then she must comply with the current order. As for modifying the existing order, you need to discuss that with an attorney who can advise you after learning the facts as to whether you may potentially have grounds for a modification action.

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  • My wife is trying to get social security disability on my 13 year old son by saying he is adhd and bi polar. he is not

    all she wants is the money. she took him to a Dr and told her that she has full custody not true we have joint custody 50 50 with me being primary residence she tells the boy all of the time he needs to be on meds cause he is adhd and bi polar , ...

    Joanna’s Answer

    I'm not sure about what type of legal case you are attempting to pursue. If you are talking about potential SSD fraud, then you need to contact the SS administration and make them aware of the situation and they will investigate, if they feel it is warranted.

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  • Parenting conference meeting question

    i traveled to arizona where there is a dissolution of marriage pending with my wife that includes children. it was at the point where my laywer was trying to get a temporary order hearing and did,but the oppsing attorney called in an vacated due t...

    Joanna’s Answer

    If your pending case is in Arizona, then you need to re-post your question in that forum (for an Arizona Attorney to respond and provide information on how you should proceed). You should also discuss this with your current attorney in Arizona. Not sure why you stated that it is against the law for you to involve your Arizona attorney. You should be able to have discussions with your Arizona attorney about anything related to your pending Arizona litigation. Hope this helps at least somewhat!

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  • HELP!! Btw I live on in New York and she lives in Orlando! Who can I contact or what route should I take, I'm going insane.

    I got into a relationship with a girl and months later she suddenly got pregnant. She has been making my life a living hell, physically and mentally. I want to get a DNA test because I have a gut feeling that the little girl that I have grown a bo...

    Joanna’s Answer

    I would definitely recommend filing a petition for determination of paternity and requesting a DNA test before you proceed any further. From what you have stated, it does not sound as if child support has been established yet. If it has, you need to act immediately, as your paternity may have already been established and the time for testing passed. A court admissible DNA test usually runs around $450.00. Normally, you would be required to pay for it first, and then, if the child is not yours, she would be required to reimburse you. As stated though, you need to act quickly if there has been any sort of filing or orders regarding child support. You should consult with an attorney in order to best determine how to proceed.

    In the meantime, detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly.

    And, should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

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  • Can me ex take my child out of state where they moved prior to Modification of parental responsibility ?

    My ex and I have final judgement stating Im primary parent. Their visitation is wed and every other weekend. They recently advised moving out of state and left two days later. My ex spouse doesn't want to change any final judgment,keep it the sa...

    Joanna’s Answer

    The other parent's move out of State is a substantial change in circumstances that warrants a modification of the existing timesharing order. As for out of State travel, there should be something in your agreement or order that indicates whether parents are permitted to travel out of State or out of Country with the minor child, and what the requirement for that are. You really should consult with an attorney who can review your existing Orders with you in order to best determine how to proceed. For example, if your existing Order permits out of State travel AND your ex is supposed to have the first half of Christmas this year, THEN for the child to travel and spend that half of Christmas with him would be covered under the existing Order and you could get in trouble for not permitting him to have that time. However, there are multiple other circumstances where you would be well within your rights to not permit the child to go until there is some sort of Order modifying the existing timesharing plan. As stated, you need to talk with an attorney.

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  • I was married in 2001 and in 2004 he left the state and never came back. Mr.Belo called and told my sister he filed for divorce.

    Gustavo Belo with Diana Jimenez please help me I never received any information about the divorce. I am very ill now and need this information answered. Thank you

    Joanna’s Answer

    You need to consult with an attorney immediately. If he has filed, but it has not yet been finalized, then you should be fine if you act immediately. Even if he has finalized the divorce, it may be possible to set the final judgment aside and have the matter litigated on its merits. Also, you need to consult with an attorney in the State where he filed (if it's not Florida). Do not waste any time, as valuable rights could be slipping away if you procrastinate.

    In the meantime, detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly.

    And, should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

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  • Family member opened credit cards in my name..debt collections calling...what do we do??

    the card is from 2009...they said something about out of court settlement or will b handing it over monday...not an option to turn in family member

    Joanna’s Answer

    If you are not willing to prosecute the family member and report it to the police, then your only option is to work with the credit card company and pay the debt, unfortunately.

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  • My ex-girl friend is getting married to a guy from England and wants to move there with my 4 year old we were never married

    right now we are co parenting she stays with me 5 out of 7 days will her mother be able to take her out of the country if I do not want her to go I have been in my childs life since the day she was born we just split up in the last 6 months and we...

    Joanna’s Answer

    There are things that you can do; however, first and foremost you must be adjudicated by a judge as the biological father. If paternity has ever legally been established (and signing the birth certificate alone does not do this), then you can file an injunction to prevent her leaving. Otherwise, if you have never been legally established as the father, then you need to immediately consult with an attorney who can assist you in filing a legal action to establish your legal rights as the father. Once established, she will not be able to relocate more than 50 miles from her current residence without either your consent or court approval. Contact an attorney immediately.

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  • I married my husband in South Carolina. He is still married to a woman in Florida. Am I really married? What are my rights?

    I married my husband in SC in 2013. I just found out that he is still married to his ex-wife in Florida. She contested the divorce. Am I legally married in the state of SC if at all? What are my rights? Does she have all the rights as the first...

    Joanna’s Answer

    • Selected as best answer

    If your "Husband" was still legally married at the time of your marriage, then your marriage is null and void in all States. You need to apply for an annulment to get an order annulling your marriage. Or, alternatively, he can finalize his divorce that I assume is pending and then you can get re-married.

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