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Trey Malbrough

Trey Malbrough’s Answers

106 total


  • Going to court for child custody & emotional abuse.

    If my ex takes me to court for custody/visitation to my daughter how can I prove he was emotionally abusive to me causing me to go into depression while i was pregnant. I feel he would be psychologically damaging to her in the long run. Am I able ...

    Trey’s Answer

    The way to prove anything is with evidence - that can be in the form of testimony (yours or someone else with personal knowledge) or in documentary evidence (medical records, journals, photos, documents). If you saw a counselor or therapist or doctor during that time period, they may have made a record that you informed them about the abuse - that would help your case in showing that this is not a new issue/idea. Wether you can "sue him" for the abuse depends on a lot of factors, specifically what happened, when it happened and how it happened - and what you want as relief. You should consult with an attorney about your options here.

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  • End of discovery phase

    We are at the end now of our 90 day discovery. Now what? The judge will give notice of his decision of trial or dismissal?

    Trey’s Answer

    There aren't enough details here to know exactly what is happening in your case, although it sounds like the court will either set the case for trial on its own motion or one of the parties may make a motion to set trial. If dismissal is an option on the table, it sounds like you may be in a summary judgment situation, where a judge would decide whether to allow a count to go forward to a bench trial or jury. More information is needed to make an informed observation.

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  • Can i get custody?

    Custodial parent denies visitation frequently over the years for no good reason other than he hates me. l have police reports. Child is 14 now and wants to come visit us. Its beginning to affect him when he cant come visit. There is domestic vio...

    Trey’s Answer

    First - If you have a court order that grants you visitation, you can absolutely have it enforced and see your son. Second - if there is enough evidence to show the custodial parent's bad behavior (including denial of visitation) and especially its effects on the child, you may be able to successfully petition the court to modify child custody. A child's opinion/request may be taken into account by a court when deciding visitation/custody, but it is not required that it be considered. You should consult with an attorney on the possibilities of both in your case.

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  • Divorce Finalized in Texas, Custodial parent filed Petition for Modification in Baldwin County, AL

    I am the non-custodial parent of a custody order passed in Texas Dec2009, my ex-wife is the custodial parent residing in Baldwin County, AL and has recently Apr2013 filed Petition for Modification of original custody order. The temporary orders he...

    Trey’s Answer

    My first question would be whether you have any connection to Alabama and how/when you were served with notice of this Alabama lawsuit. You may be able to get the Alabama action dismissed if the court does not have proper jurisdiction - but you need to consult an attorney asap. For many reasons, even though the Alabama court may not have proper jurisdiction, you might choose to waive that issue and go forward in Alabama anyway. Regarding the other questions about subpoenas, affidavits, etc., that's a half-hour discussion between you and an Alabama attorney, which you should hire pronto, since the case seems to be going forward with or without you already.

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  • Do i have any rights to my husbands inheritance if we have had to use our money to re model the home?

    We had to completely remodel the home using our money from our account. Now we are getting a divorce and he doesn't want me to have anything. We also have 5 rental properties that we have remodeled together that was apart of the inheritance. and I...

    Trey’s Answer

    In Alabama, the general rule of thumb is that upon divorce, the parties are equally entitled to any property acquired during the marriage, equally responsible for any debt incurred during the marriage, but take from the marriage individually that property with which they entered the marriage. A previous response mentioned that individual funds invested into jointly-owned property may become "marital property," thus subject to division by a court. Example: Before marriage, Wife owns grandmother's diamond bracelet. During marriage, Wife sells bracelet and buys a house in both Husband and Wife's name. Upon divorce, Husband and Wife are equally entitled to the equity in the house. If she had not sold bracelet, she would have left marriage still individually owning bracelet.

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  • My wife and are not divorced nor do we have a separation agreement. Can I move out of state with my son for a new job?

    My wife currently lives with a man and has intimate relations with my five year old son in the home. This is not the best enviroment for him. I have a job opportunity out of state and I have the resources to care for my son.

    Trey’s Answer

    You absolutely need to consult with an attorney before taking any action in this case. Although you may have technical legal rights, those rights are not boundless. Without knowing the particulars of your situation, it can generally be said that absent a court order/agreement, both parents have 100% custodial rights to children while they are married. That said, if you up and move to another state without consulting the other parent, you may end up facing a court order that forces you to bring the child back to the parent in Alabama. You need to consult with an attorney and/or take action incourt before/instead of just taking off.

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  • Can a date be specified for a divorce to be effective in a divorce settlement agreement or divorce complaint that is filed?

    Uncontested divorce - I'll get killed on taxes unless the divorce is effective after December 31st, 2013

    Trey’s Answer

    The previous attorney is correct in that a couple can agree under the terms of their divorce to file separately/jointly in whatever tax year was included in the marriage. As to your specific question (without knowing the particulars of your situation), if the date of your divorce is truly a deal-breaker, you should wait to finalize the divorce until after December 31, 2013.

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  • I have a sex offender case that I want off of me. Can I get this off of me? How do I go about doing it?

    My case is somewhat different that everyone else's. I was charged for showering with my 2 of my 3 children back in 2007. I am female and the 2 kids they charged me with were my sons whom at the time were 6-5. I was a single mother and with 3 kids ...

    Trey’s Answer

    I would second the previous attorney's response - one would need more details about the actual outcome of the case - however you seem to reference a sentence, so assuming you pleaded or were found guilty, you may have some options depending on how exactly the course of the case went and how long ago everything happened. You should consult a criminal defense attorney, possibly specifically one who specializes in post-conviction remedies/appeals.

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  • I need help please i am on my third lawyer and only have 20 days til my statue of limitations is up and still no help

    my current lawyer that i hired back in October 2012 (mind you this is my 3rd attorney) still can not get any helpful advice or straight forward answeres from her (when i actually tal to her that is) she is very unhelpful and negitive and is making...

    Trey’s Answer

    The previous attorney is absolutely correct - without knowing the details of your situations, it's impossible to know the statutes of limitation at play and the appropriate course of action. Please update your request and hopefully someone may provide you with an answer.

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  • Good girl speeding ticket

    When asking for driving school in traffic court what would we plead when asked and what are court cost in Houston Co.? yes she was guilty but I do feel that this police officer could have easily given her a warning and been as effective as any ticket

    Trey’s Answer

    If you're able to enter into an agreement with the prosecutor, the terms of the plea will be pre-agreed upon. Depending on the agreement, you may plead guilty to a lesser charge or the State/City may drop the charge without you having to plead to anything (in exchange for something you do as a part of the agreement - driving classes, fines, etc.) The court costs may vary depending on the plea agreement; also the judge can waive certain fees.

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