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Scott Allen Scholl

Scott Scholl’s Answers

3,452 total

  • How can I terminate temporary guardianship appointed to my children's paternal grandmother?

    I asked their paternal grandmother for help because I was financially unstable, and overwhelmed with a new baby. Less than a week after, she filed for temporary guardianship, and got it. She also works in the courthouse she filed in. I'm afraid to...

    Scott’s Answer

    You will need to file a petition with the Court that granted the guardianship in order to have it terminated.

    Basically, you will need to be able to show that the guardianship is no longer necessary -- however what you will specifically need to show the Court will depend on a number of variables involved in the original guardianship proceedings and the findings of the Court, and so you should have an attorney review the guardianship orders and determine the best way for you to proceed.

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  • Can I appeal court ordered visitation?

    I live in Ar my childs father and I were never married after three years of no contact recently it was ruled my son 6 will spend every other weekend and shared holidays. After he was released from prison in 2011 (drug sales, use, domestic violen...

    Scott’s Answer

    You can appeal, to do so you *must* file a notice of appeal within 30 days of when the order is entered, or you will lose your right to appeal.

    If you used the services of an attorney before the trial court, ask them whether they believe you may have any issues that are likely to be successful on appeal. An appeal isn't a "do-over," you have to show that the Court either made a mistake in interpreting/applying the law or that its findings of facts amount to an abuse of discretion -- and the trial court has a wide range of discretion when it comes to determining what is in the best interests of a child in visitation disputes.

    Even if a error was made at the trial court, that error must have been properly 'preserved' on the record.

    An appellate attorney can certainly review the trial record for you, but an attorney who worked the case before the trial court can give you an idea of the likelihood of success before you undertake the expense of having the record reviewed.

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  • I am married and have been for 9 yeas and got pregnant with someone else's baby because of sexual coercion.

    I am still scared to report it but have a confession from him stating he raped me in text. My husband and I were going to let the baby be adopted, but someone told the baby bio dad and he started contacting me again, so I decided to keep the baby ...

    Scott’s Answer

    As to your question, at this point it is presumed that your husband is the father of the baby, but that presumption can be rebutted - - - such as through DNA paternity testing. So if the biological father files a paternity action he can be adjudication as the father.

    With that said, you report any rape. Doing so can help protect you and others, plus the Court can enter an order prohibiting him from contacting you. That will not necessarily stop him from filing a paternity suit, but if he committed rape against you that would certainly come into play in the paternity lawsuit as well.

    I think you may have some other options as well, including the adoption route, but an attorney would need additional information to determine whether those options would be viable.

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  • If a debt collector doesn't give information about who a debt is owed to and give wrong info about me can they have me charged

    I got a call from a collection agency and was told that I owed a payday loan which I do not remember ever taking out. I was told that if I didn't pay I would be charged with fraud arrested and taken to court and or have my wages garnished. Can a c...

    Scott’s Answer

    You cannot be arrested, and if this was a debt collector they have violated the Fair Debt Collection Practices Act. If you can prove that the told you this, you can recover a small amount of money for every violation ("statutory damages"), plus any actual damages you suffered, and they will be ordered to reimburse you for any reasonable attorney's fees that you incurred in the suit against them.

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  • Seeing that there is an absentee parent (10 years) do I have to file for termination of rights?

    My husband of 8 years has been wanting to adopt my son, his biological father has never been in the picture and wants nothing to do with our son. Do I have to have him sign away his rights or is there another way around it? I am 800+miles away fro...

    Scott’s Answer

    Ms. Hudson gave you great advice, I write only to add that you may or may not have to give the biological father notice even if his consent to the adoption isn't necessary (such as if you and the father were married when your son was born, there was an adjudication of paternity, or if the biological father placed his name on the putative father's registry).

    If you think he would go ahead and voluntarily sign a consent to the adoption (and unfortunately many fathers will if it absolves them of a duty to pay child support), it may make the adoption "tighter."

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  • Am I in danger of being sued or arrested?

    I'm 26 years old and I am very worried that I have dug myself a hole I may never get myself out of! My father was convicted on a very serious criminal charge two years ago & I was desperate to get him a good lawyer to get him out of trouble. Along...

    Scott’s Answer

    You won't be arrested for not paying a debt, though if you signed for the debt then you may be facing a lawsuit - but that can raise questions of what the terms of the agreement were and whether there were any other agreements, such as what the minimum payment would be. If your other family members also agreed to be liable for the costs, you may be able to seek contribution from them as well.

    You may want to sit down with the other family members and see what you can come up with as far as a compromise settlement with the firm.

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  • Does my ex step mother have rights to my late fathers house?

    My father divorced my step mom in 2009 in 2011 he passes away. The divorce degree stated whom ever was paying bills had ownership of the house until property was sold at which point the money would be split as long as his ex wife pages him back fo...

    Scott’s Answer

    It appears that she may very well have an interest in the estate, but you need to have an attorney review the decree and any post-decree paperwork, as well as any documents related to the estate.

    Unfortunately, this just isn't the type of question that can be answered definitively on a general Q&A forum inasmuch as it depends on too many factors that are specific to your situation.

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  • Will an out-of-state custody battle be easier if I moved back to the state where my child is?

    My 7 year old lives in California with his other parent and when he was 3 I moved, and she was supposed to move with me with our son, but decided not to. She went to court to get child support, and i was having back surgery and missed the court da...

    Scott’s Answer

    The first question is where you must file suit to get visitation.

    A state's jurisdiction for child support and child custody are not always the same. For an initial custody/visitation determination, the proper jurisdiction would be the state in which the child lived with a parent (or person acting as a parent) for the six months before the action is filed. So by your post it appears you would need to file in California.

    You would not have to move to California to file for visitation there, and you *may* get more visitation time if you live in the same locale as your son (it would be difficult to have every other weekend visitation if you are in Arkansas and your son is in California).

    Whether your lawsuit would be easier to pursue is dependent on a number of factors. Obviously it would be more convenient to attend hearings if you lived in California, but contrasted with the logistics of relocating, finding a new job, home, etc. it may be easier to remain. You may even be able to settle the visitation case without needing to appear in California.

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  • Options for no paying the interest on a credit card

    I bought appliances from sears and was offered to finance them with zero interest but was not told it is over 18 months only not 5 years.for the past 18 month the money was drafted automatically with no issues..I was out of the states for 30 days ...

    Scott’s Answer

    The first step is to gather the contract that you signed when you took out the credit to see what it stated about the no interest offer, as well as the statements that they mailed out to you (the statements should have information about the promotional rate and the amount of interest that would accrue if not paid within 18 months).

    If there wasn't a limitation on the length of time the no interest purchase would apply, then you might have enough to see about having the interest set aside, but if it was a part of the agreement you may have to just see if they will agree to waive any part of the interest.

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