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Paula Brown Sinclair

Paula Sinclair’s Answers

8,526 total


  • What's the most likely outcome if I go file a motion for contempt

    I have a court order that states the time and days I have my kids. But my ex wife has not been keeping this court order agreement. She took my daughter out of state on my parenting time without telling or giving me any information on her whereabou...

    Paula’s Answer

    Here on this public Q&A we can provide accurate general information about the law and legal procedure. To that end, we can confirm that court orders for custody are enforced through the contempt powers of the court. Whether your court will find a knowing and clear violation of the order and no defenses to enforcement is something we cannot predict. The second problem with contempt proceedings is that they won't change history. The court can impose fines and jail time, but not restore missed time with children.
    For the assistance you need in making strategy decisions, retain local experienced family counsel.

    Best wishes for an outcome you can accept, and pleas remember to designate a best answer.

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  • When applying for joint custody can I seek 15 days a month or 180 days a year split

    I want to apply for joint custody however I want even time with my children would I have a good chance of getting 15 days a month or 6 months and 6 months if I'm willing to take my children to daycare and the school of their moms choice amongst ot...

    Paula’s Answer

    Far too much remains undisclosed in this question. Here is the bottom line: the court will order a residential custody arrangement that most likely serves the best interests of the child(ren). As a general rule where both parents are competent, conflict-free equal sharing is ideal. Building the case for that result involves attention to the age(s) of the child(ren). Long times between transfers are difficult for very young children, and too-frequent transfers are exhausting. The work obligations-- and resulting availability to actively parent-- of the parties as well as residence locations and accommodations are other commonly relevant factors. For the assistance you needs, locate and retain experienced local family counsel to help build the case.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • If you filed bankruptcy in the past and received a discharge, can you file bankruptcy again using an emergency filing? skeleton?

    I read that if you have filed chapter 13 bankruptcy before, you cannot file an emergency chapter 13 bankruptcy petition if you need to file again...and that emergency filings are risky. Is that true? Or is it just that you only have 14 days to fi...

    Paula’s Answer

    Here on this public Q&A the knowledgeable volunteer attorneys can provide accurate general information about the law and legal procedure. To that end, we can say that a previous bankruptcy petition filed more than 5 years ago creates no impediment to a present Chapter 13 filing. Whether filing an incomplete petition is a good strategy for you depends on a wide variety of important factors. The term "emergency filing" generally refers to an inability to complete the credit counseling requirement. This is rarely a problem, however, as the certificate can readily be obtain in 24 hours or less. To know whether any bankruptcy petition will meet your present needs, complete a full case review with local experienced bankruptcy counsel. Advising strategy in specific cases is what flesh-and-blood attorneys do.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can I have this judge taken off my custody case?

    I am on probation and have lost custody of my kids the judge that was over my probation case is also the same judge that is overseeing my child custody case. This judge clearly doesn't like me and makes remarks about my custody case during other c...

    Paula’s Answer

    The right to disqualify a judge under the Idaho Rules of Civil Procedure is limited to a showing of bias, which is a nearly impossible proof. Furthermore, such a motion must be filed before the judge presides over any hearing. While it may be true that the judge does not like some things you have done, and considers it relevant to the issue of the best interests of your child in the custody case, that is not a proof of bias.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Why does my bf have to pay to reimburse his liscence when we took care of everything already

    My boyfriend got a no insurance ticket paid it off and did an sr22 before the deadline but he just found out he has to pay to get his liscence back why

    Paula’s Answer

    With just the information disclosed, we could only speculate about the fee. For the most reliable and accurate information, your boyfriend should ask the government official demanding payment of the fee.

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  • Do I have legal rights to sue either the company calling, the hospital or doctors office if they are proven to have done wrong?

    We have received phone calls from a Florida number clamming there is a recall on a surgical piece of equipment. They have detailed knowledge about the equipment, surgery date, and a few other bits of information that was not publicly shared. We ...

    Paula’s Answer

    It would seem prudent to make an effort to verify the "recall" and what impact it may have on care you received. Contact local experienced medical malpractice counsel for assistance.

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  • How long after the original creditor charges-off my second mortgage can it stay on credit report?

    I was late on my 2nd mortgage. Late on everything, really. Decided to claim Chapter 13. 2nd mortgage arrears were included in my BK. I was still advised to pay the payment outside of BK. I did for a couple months but the company (Beneficial) start...

    Paula’s Answer

    Duplicate post. Your assumption about the meaning of a "charge-off" is incorrect. Please see answer to other identical post.

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  • Does a bankruptcy payment made by the trustee count as a "last payment" when dealing with SOL?

    I was late on my 2nd mortgage. Late on everything, really. Decided to claim Chapter 13. 2nd mortgage arrears were included in my BK. I was still advised to pay the payment outside of BK. I did for a couple months but the company (Beneficial) start...

    Paula’s Answer

    Aa dismissed Chapter 13 brought no relief from creditors whatsoever, and even if the lien of the second was foreclosed by the first, the obligation on the note secured by the second remains. Whether it is subject to a statute of limitations defense is not at all clear. Nothing short of a full case review by local experienced bankruptcy counsel will meet your needs. Relief under Chapter 7 may be needed.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • My question is what should I do? What happens if I sign the release to the lawyers? Can they keep the money if I sign?

    I have a legal issue going on. My son, ex- girlfriend, and a little boy died in a car accident. The driver was my ex- girlfriend's new boy friend and survived. They went to a trip for the weekend, and when they were driving back home the driver lo...

    Paula’s Answer

    What lawyers? You need the representation of a flesh-and-blood attorney that can evaluate any settlement offered, advise on the merits, and guide you through the process. This is not a do-it-yourself project!

    Use the Avvo "Find a Lawyer" function to locate local experienced personal injury counsel without delay (and sign nothing until you have reliable legal advice).

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  • What can my friend do to get the properties he deserves and he owns?

    My friend's father committed suicide back in April 2015. The father did not have a will. The father was also not married. My friend is 19 years old and was left with nothing. My friend's father apparently left a lot of his properties under other p...

    Paula’s Answer

    As difficult as it may be to accept, when property is titled formally in a person's name, there is a strong presumption that the property was a gift to the recipient. The evidence to establish any kind of trust arrangement is complicated and difficult. The fact that the transfers were done to avoid creditors does not help. Your friend's needs can only be met by retaining local experienced probate counsel, and he should be prepared to pay a reasonable fee for the valuable services he wishes.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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