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Scott Allen Scholl
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Scott Scholl’s Answers

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  • How do I get an injunction to prevent my sister from leaving state with my child?

    I live in Arkansas . I willingly signed over guardianship of my son almost 7yrs ago. He has lived in my home with me and my husband for the past 4 of those yrs and we have been trying to get her to reverse it. She has dragged it along. Seven month...

    Scott’s Answer

    You need to file a motion with the court that appointed your sister guardian of your son. You can consult with an attorney to determine exactly what type of motion you wish to file . . . such as whether to terminate the guardianship altogether, substitute someone else as guardian, or just to prevent her from relocating to Florida with your son.

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  • How long does it take and what do I have to do to petition the state to move with my kids?

    I have full custody of both kids he has a once a month supervised visitation that he is granted in the divorce due to domestic violence history as well as substance and alcohol abuse in the past, he's only done 2 times with in the past 11 months, ...

    Scott’s Answer

    Because you have full custody, there is a presumption that you will be able to relocate and, under the facts set out in your query, there seems to be a very good chance that the Court will grant your request.

    How long it will take can vary, depending on how much of a fight your ex intends to put up and how soon the Court can fit a hearing on its calendar. It would be best to go ahead and start sooner rather than later and, especially inasmuch as I see a few issues in your post, I would suggest that you speak to an attorney to help you.

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  • Is it possible to get custody of a sibling?

    My mom, her "baby daddy", and my 1 year old brother are living out of a car that is his moms. They dont have a house, their own car, or even jobs. My mom and her boyfriend beat on each other and have bad legal backgrounds, drug problems, etc.. I a...

    Scott’s Answer

    You can petition the Court to have you appointed as your brother's guardian (which would give you custody). I would strongly advise using the services of an attorney to assist you in this, however.

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  • If you receive a summons for a bill, a old credit card bill, can it be left with a minor.

    When It was delivered it was sent to my daughters address which I did change for billing reason, and they summoned me for court, but left the information with my 15 year old grandson and I never got it...by the time I found out I was being garnish...

    Scott’s Answer

    Service on you can be effective if it is left at your "dwelling or usual place of abode" with someone who resides there and is 14 years old or over.

    Obviously your 15-year old grandson is old enough, but it doesn't appear that it was at your usual place of abode. In that case, you can ask that the judgment be set aside.

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  • What are the consequences in court for a mother who won't give the father who has weekend visitation his time?

    Father has weekend visitation rights to the child every other weekend, which is stated in divorce decree.

    Scott’s Answer

    You can petition the Court to enforce your visitation through the contempt powers of the Court. What type of sanctions the Court imposes on her will depend largely on what the Court thinks will be necessary to get her to comply with its orders for visitation, so there can be a wide range of consequences.

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  • What sort o

    One of my younger sisters has had passive agressive issues and drug abuse since the 1990's. Even though she remained employed. She did term at the Ccc in Humbouldt county.Right now she owes an $1800.00+ bill to the state of Oregon for criminal cha...

    Scott’s Answer

    • Selected as best answer

    If her charges are out of Oregon, she will need to check with an Oregon attorney to determine whether or not her offense can be expunged under that state's law.

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  • Am I eligible to receive spousal support?

    I already have a lawyer, she didn't give me much info on spousal support. I have been seperated from husband for 6 months, and already did temp order for child custody, we have mediation in July. We were married 14 1/2 yrs. In that time, I rarely ...

    Scott’s Answer

    I agree with Mr. Bennett. It is possible to be awarded spousal support/alimony, but your current attorney is in the best position to advise you as to the likelihood of being awarded support and, if so, what you might be able to expect. Spousal support/alimony is much more case-specific than child support, and your attorney is much more familiar with the particular facts of your case than anyone here, so you really do yourself a disservice if you seek an outside opinion from attorneys who do not have the familiarity with your situation that your attorney has.

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  • I need advise on my children visiting their dad during the summer when they have weekly appointments to keep.

    I live in Arkansas and my ex husband and I live 2 hours apart. We have three kids ages 14, 9, and 5. I have full custody. Our divorce agreement gives my ex longer visits (five weeks) during the summer but there's a problem with this. My oldest has...

    Scott’s Answer

    First thing you need to be aware of is that if there is a court order setting out a visitation schedule, and you do not allow you ex to have visitation during the periods set out in the order you may be facing contempt sanctions from the Court.

    If you and your ex live two hours apart, then he is probably close enough that he can take them to their appointments. Your post doesn't indicate how often they have the appointments, or the potential consequences to your children's well-being if they skip a therapy session, but that may just be something that your ex needs to do if he wants the kids for the 5 weeks.

    If he won't agree to take (or let you take) the kids to their therapy sessions and such would be detrimental to their health, then you may be looking at going back to court to ask that he be ordered to take them to their therapy sessions or modify the visitation so that you can take them.

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  • Can I just modify visitation? Not change custody? And can a 12 year old testify as to her wishes for visitation?

    Decree is joint custody and I'm primary. Daughter spends Wednesday night, Fridays and every other weekend with dad. 10 days out of 30 to dad 20 days with me. My father had a stroke and my mother needs my help to care for him in Fla. My ex has fami...

    Scott’s Answer

    You could continue to exercise joint legal custody (the right to make decision of important regarding the child), but of course joint physical custody wouldn't be workable anymore -- but it doesn't appear that it is how you custody orders provide anyway.

    If you have primary physical custody, there is a presumption that you will be allowed to relocate, and it would be up to the other party to rebut that presumption as being contrary to the best interests of the child.

    If you have true joint custody (which it does not appear that you have, but have an attorney review your decree for a better assessment), the presumption will not apply and so you will have the burden to show that the move would be in your daughter's best interests.

    Regardless, you will need to go back to court to modify the visitation schedule anyway, if you and your cannot agree on substituted visitation, just because it probably isn't practical to continue to have visitation on Wednesdays and every other weekend.

    If this is litigated, the Court can take your daughter's wishes into consideration, but it will be up to the judge to decide how much weight to give to her wishes.

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  • How do I get a mediator

    My ex has EXTREMELY difficult time understanding reasonable communication when it comes to communicating about children. He constantly finds every possible excuse to call me, text me, email me. Not only that but he's psychologically and mentally a...

    Scott’s Answer

    Parties can either hire a mediator on their own, or if there are proceedings pending before the Court one of the parties can ask that the Court order mediation (and appoint a mediator).

    First, however, is to ask what you expect from the mediation? A mediator helps parties work through potential solutions in order to come to some sort of an agreement for resolution. I'm not sure that you would see much benefit in having a mediator act as a third party go-between to relay communications between you and your ex just to see that he is "a creep and a liar." If he is that abusive, he will continue to contact you anyway, regardless of whether or not you've hired a mediator.

    You can consider filing a motion with the Circuit Court for an order restraining him from harassing or threatening you. At least if you have a court order you have the option of bringing a contempt of court action if he violates the order.

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