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David C Blum
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David Blum’s Answers

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  • Is lawyer can help with this?

    4years ago, I had a affair, because I wanted to divorce, but My husband didn't want to divorce. And He told me that if I divorce or go back to my country, he will e-mail or go to other guys company to tell about us and destroy his life, so I could...

    David’s Answer

    You wanted a divorce so you had an affair? Obviously, that is not a good way to get it done. And there is no way to stop your husband from going to the "other guys" company and telling about the affair. And I don't understand how if the "other guy" doesn't stop emailing you, that your husband will go back to your country and destroy his life.

    If there is a threat to your life, you can certainly obtain a protective order to protect yourself. If your hubby goes after the "other guy", then that person may be able to secure a stalking injunction against him to stop him from harassing and/or threatening him. With these convoluted facts, you really need to get in to see an attorney so that you can be pointed in the right direction, take back control of your life and stop living in fear.

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  • Should I have an attorney to represent me in an order to show cause hearing?

    I have not had representation in the previous court appearances.

    David’s Answer

    • Selected as best answer

    I think I would have to know more before I answered this question. For example, if the claim is that you did not pay a bill, but you have a copy of the check (or credit card receipt), why would you need to pay an attorney to defend against that claim? However, if the issues are more complex, then taking an attorney would be a good idea. While it may be a cost you wish to avoid, it would be better than eternally dealing with the Courts.

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  • How long can it take for a state court to rule on a motion to dismiss?

    A civil case was filed against me, to which my lawyer responded with a motion to dismiss. We filed nine weeks ago but have yet to hear from the court. Does it usually take this long?

    David’s Answer

    No, that would be unusual. However, you will want to make sure that your motion has been submitted for decision. That may be the problem. If it has been submitted for decision, then I would have your attorney call to find out the status on the motion.

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  • My teens are in PA with mom. There are drug issues, of which the mother was aware of. She is not upholding custody agreements.

    She has not required the one come see me and he admitted in rehab he didn't want to come to me because he knew he couldn't use here. At her house she said she knew about the use, but thought it was only recreational, but that was still ok with her...

    David’s Answer

    You will need to modify your current decree and if you think the issues are severe enough, you can ask the Court for a Temporary Restraining Order to prevent them from going back.

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  • Can the father file for custody after not being involved for the first 6 months of my child's life?

    The father of my child hasn't been involved for the first six months of my child's life and I wanted to see if he had any rights at all after those six months of not being involved.

    David’s Answer

    He can always file for custody; however, the better question is whether he would receive it, and that question has too many variables to try and answer in a forum.

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