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Paula Brown Sinclair

Paula Sinclair’s Answers

8,518 total


  • Can we sue her for contempt of court? If the child is taken out of state, do we have the right to go get her?

    My husband Dennis and I live in Idaho. My husband was divorced 6 years ago from Ylda. In the divorce decree it was stated that Dennis and Ylda would have joint custody of their two children without child support being paid by either parent. The...

    Paula’s Answer

    Your questions, unfortunately, are far beyond the resources of this public Q&A, which provides general information about the law and legal procedure. For a paternity determination, one would typically start by petitioning a court to order the testing at the expense of the petitioning party, but does he really want to risk a negative answer? How will that affect the child? For custody issues, again one must petition a court of competent jurisdiction (probably CA after so many years of the child residing there) to enforce its order, but child support orders under the laws of most, if not all, states are subject to modification throughout the minority of the child. And, if Idaho is merely enforcing a CA child support order, there is nothing of an ID court to do. Nothing short of a consultation with experienced California family counsel will meet your needs.

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

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  • Can someone get in trouble for not following the notarization?

    me and my ex boyfriend have a 19 month old son we are not in the court system for custody or child support. I have heard from a friend that my ex boyfriend was planning on stealing our son away from me. if we get something notarized saying that he...

    Paula’s Answer

    "me and my ex boyfriend have a 19 month old son we are not in the court system for custody or child support" This is a large, potentially heartbreaking, mistake that should be corrected immediately. There is nothing you two can sign and "notarize" regarding custody that will be legally enforceable. His paternity needs to be established legally, and the child custody rights and child support obligations decreed. Retain local experienced family counsel to protect this child before the ex BF does something painful and regrettable.

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

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  • My attorney is asking me to cough up the $1,500. Does he have legal standing to collect on this outside of a completed plan?

    My Chapter 13 was to be completed in April 2015. I submitted what I thought was the final payment that month. The trustee said that our payments were not completed. However, it took much back and forth between me, my attorney, and the trustee to f...

    Paula’s Answer

    Your attorney's right to be collect a fee is regulated by the Bankruptcy Code, which requires your attorney to your fee agreement, and subjects that agreement to court approval. Most commonly attorney's fees are included in a Chapter 13 Plan without an itemized accounting under the "no-look" provisions of the Local Rules. While your Trustee's non-responsiveness is a known problem, it may well not be your problem. If your attorney chose to be paid under the "no-look" rules, s/he is obligated to provide the services to complete the case, and your fee agreement (which would have been filed in your case for court review) would have included a long list of included legal services. Your attorney's demand for more money may well need to be reported to the U.S. Trustee. The assistance of local experienced bankruptcy counsel will be important.

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

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  • Can you file a divorce in Idaho with children,with out being separated for a year? What steps can I take to keep my 4 month son?

    My Husband and I were married on Feb 15th 2015 in CDA Idaho. We have lived in the same house hold and brought our new born son into the world on 9-1-15, he lived with us and my four year old son at the same residence. We are now in the process of ...

    Paula’s Answer

    First of all, where are you getting your legal advice? Start right now availing yourself of the advice of both Idaho and Virginia licensed counsel. Here on this free public forum we can offer no more than general information about the law and legal procedure. To that end, we can assure you that there is no such thing under Idaho law as a one-year separation requirement for divorce. An Idaho court has jurisdiction over a divorce if the petitioner has resided in Idaho for six weeks. Every state has their own jurisdictional requirements, so consulting with Virginia counsel without delay would be wise. Jurisdiction over the custody of a child is subject to separate and much more complicated rules. Suffice it to say that he could legally force you to return to Idaho to participate in an Idaho divorce and child custody dispute. To know whether he has filed in Idaho you can check the Idaho Repository online. If he has, he must of course give notice by serving process on you. "What steps?" Retain both Idaho and Virginia counsel immediately,

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

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  • What are my rights as a mother specific to this circumstance and how do I attempt to protect my child from danger?

    I am the mom of an 8 y/o & was granted primary custody of him in Idaho. He visits his biological father every other weekend (80/20) our custody & visitation were set in court almost 3 years ago. I have discovered that his father's new girlfriend h...

    Paula’s Answer

    The rules are really quite simple: until changed all parties are expected to fully and voluntarily comply with the existing custody order. If you believe you can convince your judge that additional terms and conditions should be imposed to protect your child, a motion for modification must be filed. If properly drafted, such a motion will not open up the possibility of 50/50 custody. To understand your options more specifically, retain local experienced family counsel.

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

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  • What can u do to help me without it costing me money that I cannot afford to pay

    I am looking for an attorney to do a pro bono case of a civil suit for me In Idaho, I cannot afford to pay to get one unless they agee to do it pro bono.

    Paula’s Answer

    "What can u do to help me without it costing me money that I cannot afford to pay" On this public Q&A, we can give you accurate information about the law and legal procedure. This is not a tool for attorney recruitment. Be aware that it may be unrealistic to expect pro bono legal services, but some types of cases are handled by attorneys on a contingency fee basis. Feel free to use the Avvo "Find a Lawyer" function to contact attorneys in your area.

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  • What are the guidelines for filing bankruptcy

    How and what do you do to file bankruptcy struggling with student loans and credit cards tried debt consolidation but so slow to pay off and high payment

    Paula’s Answer

    Whether a bankruptcy makes sense for you is not a matter of anyone's "guidelines." The analysis requires a full review of a wide variety of factors. Many excellent bankruptcy attorneys off this complete a case review on a no-cost/no-obligation basis. Contact one without delay.

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  • How can i assert my right to self govern, and be released from federal probation?

    As i understand the Organic Laws as written in U.S. Code 2006 ED. The construct of the U.S. constitution of "The United States" July 4, 1776, and the Northwest Ordinance of Sept 17, 1787, The Federal Government is limited to the Exclusive Jurisdi...

    Paula’s Answer

    That's what's great about our country: you can believe WHATEVER YOU WISH, whether it is provable or true or not! So you can choose to believe the poppycock that you are not subject to the laws of our country until you personally consent to be governed. Tell your judge and tell your PO. Blow off the IRS, Explain your non-consent to the officer when s/he asks for your drivers license. Let us know how it works out for you.

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  • Can I sue my ex for harassment in criminal court after we have been through civil court for divorce?

    I got divorced in 10/15. It was 4 years of harassment, money withholding and contempts. I was living in the marital house during the divorce. my ex had a court order that said he wasn't to enter the property without my permission. He broke int...

    Paula’s Answer

    Criminal court is not the place for anyone to sue another for anything. It is the prosecutor/district attorney that brings charges against a defendant for violating the law (not a civil court order) and the process usually starts with a police report. Contact law enforcement in the jurisdiction where the alleged crimes occurred, but be aware that prosecutors exercise considerable discretion in whether to pursue prosecution.

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

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  • What rights does my son have to those kids. She won't allow him to see them w/o making an appointment. He has been a good father

    My sons girlfriend left my son after being in a relationship for nine yes. They both have jobs and make decent money. My son Mike loves to hunt. Becca his girlfriend likes going to the bars on Friday and Saturday nights while he is at work. They h...

    Paula’s Answer

    "What rights does my son have to those kids"? Nothing until your son petitions the court to establish his paternity and decree his custodial rights and support obligations. When a child is born outside wedlock, the biofather, no matter who "knows" he is the father and no matter how sure anyone is and no matter whether his name is on the birth certificate, is a legal stranger to the child until the court order is obtained. In connection with those proceedings, of course, the court will consider a custodial schedule that serves the best interests of the children. For the assistance he needs, he should retain local experienced family counsel.

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

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