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Maury Devereau Beaulier
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Maury Beaulier’s Answers

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  • Do my parents have the right to see my kids during my scheduled time?

    I am active duty military and have orders For my family & me to move overseas for 2-3 years. My ex and I currently live in Minnesota & have a parenting plan in place for the last 4 years for our 3 kids. I have my kids every other weekend & every W...

    Maury’s Answer

    Thank you for your service.

    First, it is important to review prior orders before making any real assessment of your circumstances. However, if you did include alternative plans for deployment in your last court order, it would be difficult to now change that order without some significant change in circumstance.

    Second, I had a similar case where a deployed military parent sought to have his parenting time exercised by his parents, the child's grandparents. That request was denied. Of course no two cases are identical.

    Third, the child's grandparents have their own right to seek grandparenting time. It would not likely be equal to parenting time that you would otherwise enjoy, but they certainly can seek an order allowing them time based on what a court believes to be in the child's best interests.

    You should consult with an attorney.

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  • Can I purchase a home before my divorce is final?

    In the process of a divorce and wanting to know if it's ok to purchase a home before the divorce is final? We're amicable and don't foresee any issues between us. My husband is going to assume our current mortgage but would like to purchase someth...

    Maury’s Answer

    The answer would depend on many things, in part`icular whether there are lingerinbg, unresolved divorce issues. If you purchase a house during the divorce, there will bea presumed marital interest and, as a result a quitclaim deeed must be execited by your spouse after the divorce and filed in order to provide clear title. You should discuss your matter with an attorney in person.

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  • Expungement

    In my case I'm still on probation until Jan 2017 ... But my question is Is there a way to start an expungement / sealing your record while still on probation after these 2 years it'll be dropped from a gross and the charge will be dismissed but wi...

    Maury’s Answer

    You would not be abele to seek an expungedment on a gross misdemeanor ntil 2021 which is four years after you complete probabtion on a gross misdemeanor.

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  • Should I contact the court house or police department? Maybe a lawyer?

    I had a restraining order taken out on me. The order says that the person feels unsafe in public and work. When in reality he's the one who is harassing me and coming to my work. Since this order has been issued, the filer has come to one of two j...

    Maury’s Answer

    You retain a lawyer and determine the best course. It is likely that you may wish to file a reciprocal restraining orer and move toward ahearing on the issue.

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  • Do I need an attorney to sue someone?

    Can I sue for verbal abuse, slander and being call names etc? I have a son in law and his mother that are doing this to me and not letting me help with my granddaughter who lost her mother which was my daughter and only child. I have tried to talk...

    Maury’s Answer

    Anybody can sue. the real question is whether the lawsuit has any merit or whether colection of an award is likely. There is no viable lawsuit for being called names. Defamation can be actionable if the statements are published to others, are false and rise to the level of defamation. You do not indicate what was said, so there is no way to assess whether defamation may have occurred.

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  • If I fire my attorney do I have to start all over?

    My attorney has been doing some (what I would consider) highly unethical things regarding my case. I do not want to deal with her but we are within 6 months to a resolution (it's been 2 years). If I fire her can I go to my ex's attorney and just a...

    Maury’s Answer

    You are not required to have an attorney in a divorce case. You can terminate your lawyer's representation. Once that occurs, you can proceed with the case on your , which also means seeking a resolution on your own.

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  • I'm a father seeking a court ordered custody agreement for my 1 year old son. I was never married to his mother.

    His mother and I lived together with our son for the first 6 months of his life, I have been extremely involved every step of the way from baby classes through present where I see him 4 times a week, pay for half med bills, daycare and child suppo...

    Maury’s Answer

    You must commence a paternity or custody/parenting time action by serving and filing a Summons and Petition for such an action.

    There are many Alternative Dispute resolution procedures in place to assist parties to a resolution of such issues. As much as 75% of all cases are resolved by agreement and, far more often, joint custody is the result. If left to the courts, a trial must be held where a Judge determines custody and parenting time based on what he/she believes to be in the child's best interests. You would be wise to retain experienced counsel.

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  • I was told by an attorney I could not sue for known child abuse by social services in MN

    I was in foster care where I was sexually abuse and then in a state place/payed adoption and further abused for years I finally ran away and have been left to toil aimlessly for decades. I went to Jeff Anderson an attorney who is suing the archdio...

    Maury’s Answer

    Of course not. A lawyer is free to choose who he represents and what cases he pursues. If he did not wish to take your case for whatever reason, that is his prerogative.

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  • Can I get my trial date moved up due to cause on my divorce?

    My attorney "forgot" to file my divorce (reason) as due to (repeated) rape/assault by my ex (she put "irreconcilable differences" instead) and the courts told her they are 5 1/2 months out for trial dates. Lots of friends told me to call the coun...

    Maury’s Answer

    Your question is a bit confusing. If you were assaulted, you should make a report to police and you should certainly discuss with your attorney whether a restraining order is necessary or advisable.

    A court divorce trial, however, is based on the availability of the Judge involved in the case. It is difficult to change the date unless another opening appears and the case is ripe for a trial on unresolved issues. If you have a lawyer, you cannot call the court to make any request. That is your lawyer's function. You should be discussing these issues with your attorney.

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  • DWI 3rd Degree (blew .17) my 1st offense, need legal advice on how to proceed.

    This is my 1st offense, I am being charged with a DWI 3rd Degree because I blew .17 (gross misdemeanor) I was in jail for 24 hrs and have an upcoming court date. My license was revoked and my plates were impounded. I plan on scheduling a chemical ...

    Maury’s Answer

    A third degree DWI is a gross misdemeanor which carries with it maximum possible penalties of 1 year in jail and a $3 ,000 fine. As a result, it is important to present an aggressive defense. It is also important to know and understand the Judge's and their proclivities in your county.

    A DWI is not only a criminal case, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. You must seek to challenge that revocation within 30 days after you were revoked. Any failure to seek a judicial review results in the license revocation and a record that indicates a new alcohol related offense that can be used to make any subsequent DWI a greater crime. In that judicial review, the challenges are the same as those made in the criminal case. The revocation periods and procedures for reinstatement have become much more difficult in the last decade.

    There are many challenges to a DWI. The defenses depend on the particular set of facts in each case. That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative. Often, hidden defenses are found through a thorough review of all evidence.

    Additionally, as part of any DWI arrest, the Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed. You must consult with an experienced DWI attorney as soon as possible. Most attorneys offer FREE consultations.

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