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R. S. Missimer's Answers
- 895 Legal Answers
- 1 Legal Guide
3
Attorney answers:
Can my sons dad be found in contempt of court for not buying him a winter jacket and boots?
To me the winter coat is a CHIPs issue. Call social services.
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2
Attorney answers:
Child custody cases
Retainers are funds the attorney works against and are held in trust. They bill at an hourly rate. If the hourly billing is less than what is held in trust the balance is returned to the client upon termination or withdrawal. Some attorneys do not like to have less in retainer than the whole case will take, others will set their retainer on a normal 45-60 days billing cycle, and ask for more if necessary. The good news there is that the initial retainer is lower but the badnews is that...
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3
Attorney answers:
Do I have to ask for another mediation session after my ex was held in contempt of court for not showing for the first one?
I am assuming you are proceeding ProSe. If you are, then mediation is your best bet to get an agreement in writing and get this all behind you. I would ask for another appointment. If you don't get an agreement you can live with then you can always walk away.
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3
Attorney answers:
My wife and I our divorcing. If I sell martial property to pay for my impending legal fees. Is she entitled to any of it ?
YES, 50/50. But if you have been served it may be too late to sell. There are court orders within the paperwork that ORDER you not to sell property. Personal or Marital. Especially if you have been served an Order to Show Cause for Temporary Hearing. There the wording is clear and has been signed by a judge or commissioner.
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3
Attorney answers:
It is unethical for an attorney to urge their client to encourage a respondent to not seek counsel in a divorce?
Saying that the costs depend on whether there iw litigation is completely fair. My guess is the attorney said something to that order. My guess is also that the client then expanded on what he was told to himself suggest her not hire an attorney. That sort of thing happens all the time.
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3
Attorney answers:
What can a father do about a mother withholding their kids from him.
I doubt they are legally separated. That process is identical to a divorce. If they are legally separated then there is no need to file for divorce, one only converts the legal separation to a divorce using FA-4162 or FA4163 dependant on whether it is stipulated or not. If they are legally separated, then there is already a Judgment of Legal Separation, and that implies an order related to custody/placement. Give that order to the sheriff and go get your kids. Otherwise please...
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1
Attorney answers:
I can't live with my mother any longer,I'm 22 ,but I want to see my 9 year old sister.
Without a legal order to the contrary, yes. But mom can say who is welcome in the house, so you will have to do so way from home. If mom wants to she can attempt to bring a restraining order prohibiting you seeing sister. But she would need a good reason. Further, if there is abuse, your reason for wanting to keep in touch would be the abuse. What I would do is call the local police department and talk to a desk officer, and see what they say. They would be the ones enforcing mom's...
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1
Attorney answers:
I am in the middle of a divorce, my baby is not my husbands, when paternity is proven will the divorce be finalized?
I have done several of these. They should have a separate case for the paternity because the records should be "sealed/closed." If they try to do it otherwise, please insist on a closed case. Next they will hire a GAL right away to determine if the paternity is in the best interest of the child. They do actually try to figure that out. Next they will handle it much like a normal paterity case. Once completed, YES they will finalize the divorce.
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3
Attorney answers:
Who can claim minor child on taxes?
The answer depends on who you ask. The IRS only cares about form 8332. Without it, one does get in trouble with the IRS. The court only cares about its order. So, for them to care otherwise, you have to go back to court. The other parent will keep doing what the court order says because they have the court on their side. So, that seems to say that the other parents will get them until the court orders otherwise.
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3
Attorney answers:
Can I still get my ex boyfriend prosecuted for battery that happened june 20 2010
They were likely dismissed without prejudice, which means they can refile. BUT... to everyones point dependant on the county and the DA's work load they may not be willing to. If you contact an Attorney they may be able to push it along. Might be worth a try anyway.
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