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Robert Thomas Knight

Robert Knight’s Answers

6 total

  • HOW DO YOU GO ABOUT DOING A MODIFICATION FOR VISITATION

    Got a call from my 3rd son that i needed to come and get him from his dad because he had chocked him went there and ask what was goin on the dad stated that the child does not want to listen and he is aggravateing so he allowed he to leave with my...

    Robert’s Answer

    I'm assuming that you have custody order in place. You would need to go back to that original custody order so whatever parish that is in you have to deal with that first. If you are in another parish you could ask that the case be transferred to the parish you now live in. In any event you then file for a a modification of custody that raises the important events that have occurred since the last time you have been to court. You would then need to obtain a court date, have your ex served, prepare for court and then attend court. The judge would then rule on the modification either in your favor or against you.

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  • I plead no contest to simple battery and received three months inactive probation. What should i do after probation

    I have one month lef ton my probation. What should be my next step? I 'm in the healthcare field and this is hendering mr from grtting a job.

    Robert’s Answer

    You should inquire about getting the matter expunged. Sometimes when a plea is entered the attorney and/or client does not take advantage of the expungement article. If this occurs then the case can be "reopened" to give the benefit of the pertient article. An expungement is expensive with the filing fee alone being approximately $600. However having the matter properly expunged should allow you to pass any background checks.

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  • Legally, I have sole physical custody of my thirteen year old son. Is he old enuf to choose which parent he wants to reside with

    my son is 13 years old now. As soon as my sons summer began, he visited his father his first weekend of the summer two months ago and has not stayed but two nights overnight with me. My son has several county fairs during his summer due to his cat...

    Robert’s Answer

    In Louisiana, a Judge looks at the Article 134 factors in determining the best interest of the child and in awarding custody. One of those factors is the child's preference if the court determines that he is of sufficient age to make that decision. Usually a 13 year old is of sufficient age. So if you were in Louisiana, it would be only be one factor. The answer to your second question would be yes. If your child is no longer living with you and living with the other parent who is paying child support, they can request a cancellation of that child support order. In other words, if you want child support, you need to have the child.

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  • Can he use me cheating on him to win the judge's favor?

    We were engaged when i cheated.

    Robert’s Answer

    I don't think that it would matter. With the child still being an infant when the custody litigation I believe you would have the upper hand as its rare to give full custody of an infant to a father. The only way that I could see the infidelity being used is if the person you were with had a drug or violent history.

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  • Should I attend court? My granddaughter was physically abused by her Mother and I now have full custody.

    The mother was charged with 2nd degree felony battery. If the mother is not found guilty she may persue custody. If guilty her rights will be terminated. I just wondereing the pro's and con's of attending court. I dont want to make matters wor...

    Robert’s Answer

    I would attend court. If you have custody of your granddaughter you might be called as a witness. Many times an assistant district attorney reduces or dismisses a case if there is no opposition by the victim. You being present would show concern and gives a face to the victim. Additionally if the case is dismissed or charge reduced then the mother would probably seek custody from you.

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  • I have just received a subpoena for child support. Me and my son's father have worked things out. Must we still go to court?

    About 6 months ago I filled out child support papers for my son's father. Over th epast months we have worked everything out and we are both doing our part. Do we have to still attend court or can this matter be quashed out of court?

    Robert’s Answer

    Yes. A subpoena an order from the court making it mandatory that you attend. Failure to attend could result in contempt which includes you being fined and jailed. If you have things worked out you should attend and let the judge know of this fact.

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