Bruce Clement’s Answers

Bruce Clement

Auburn Family Law Attorney.

Contributor Level 19
  1. What happens when a guardian ad litem doesn't show up in the time given before the court date?

    Answered 9 months ago.

    1. John Groseclose
    2. Bruce Clement
    3. Lee Alan Thompson
    3 lawyer answers

    The GAL normally has to have time to report to the court before a custody decision is made. Otherwise the court would normally continue the case to allow that to happen. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on child custody and GAL's for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no...

    5 lawyers agreed with this answer

  2. Am I entitled to Injured Spouse back pay from IRS if not legally separated?

    Answered over 1 year ago.

    1. Bruce Clement
    2. Shawn B Alexander
    3. David Alexander Browde
    3 lawyer answers

    You should re-post this on the taxation forum.

    5 lawyers agreed with this answer

  3. A A friends son was recently charged with domestic violence (assault 4)...

    Answered over 1 year ago.

    1. Bruce Clement
    2. Peter Jaret Abbarno
    3. Patrick Owen Earl
    3 lawyer answers

    They don't have to go unless they are subpoenaed to do so. However, I'd advise them to see an attorney for advice, or at least talk to the 16 year old's attorney before no-showing.

    4 lawyers agreed with this answer

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  4. My grandfather died 1988. He was not married at the time of death. Had 2 kids my uncle. And my dad.

    Answered over 1 year ago.

    1. Bruce Clement
    2. James P. Frederick
    3. Joseph Franklin Pippen Jr.
    4 lawyer answers

    You should consult with a good probate attorney. Based on what you say, it sounds like there may be what's called a "clouded title" to this land. If a good attorney verifies that your dad (and therefore you) may have a claim on the land, you may be able to file a "lis pendens" notice with the county recorder giving public notice of an unresolved claim of title to the land. That would prevent any sale until a judge resolved all of these issues.

    5 lawyers agreed with this answer

  5. What are my rights to legally move back into my house after leaving voluntarily? Domestic violence nor abuse has been an issue.

    Answered over 1 year ago.

    1. Bruce Clement
    2. Elizabeth Rankin Powell
    3. Vitaliy Kertchen
    3 lawyer answers

    There's no legal obligation to stay out of the house in this situation, because there's been no DV and there's no court order. Nevertheless, you should be cautious about returning. My experience is that in many cases an unwanted return leads to more arguments, hotter emotions, and often a call to 911 to report DV. DV is broadly defined to include any action (like throwing a cell phone against the wall) or words (like "you'd better watch your back") that would make someone fear for their...

    5 lawyers agreed with this answer

  6. My ex and I divorced in WA. My ex just sent me a year's worth of uninsured medical bills, asking for my share of the cost.

    Answered over 1 year ago.

    1. Bruce Clement
    2. Dave Hawkins
    3. Thuong-Tri Nguyen
    3 lawyer answers

    The answer depends on the wording of the final orders in your divorce. You should call an experienced family law attorney to schedule a brief paid consultation to review the pleadings and medical bills, and to interview you about the details.

    5 lawyers agreed with this answer

  7. Who gets to automatically be the custodial parent when not legally separated?

    Answered over 1 year ago.

    1. Bruce Clement
    2. Joshua A Pops
    2 lawyer answers

    DCS obviously screwed up. The best way to solve the problem is to file a petition for a parenting plan and order of child support. The Court order will trump DCS. Make sure the child support order indicates that no arrears is owed, and make sure the Findings of Fact indicate the date the dad started caring for the kids full time.

    5 lawyers agreed with this answer

  8. Should I hire a lawyer for a DV Petition for Order for Protection?

    Answered over 1 year ago.

    1. Mark C Blair
    2. Bruce Clement
    3. Patrick Owen Earl
    4. Henry Lebensbaum
    4 lawyer answers

    See my AVVO Legal Guide on domestic violence. Having an attorney at the hearing is definitely better than not.

    5 lawyers agreed with this answer

  9. Could I get custody of my daughter if my ex girlfriend is dating a drug dealer?

    Answered 4 months ago.

    1. Bruce Clement
    2. Dave Hawkins
    3. Emily Laz
    3 lawyer answers

    I assume that no paternity or custody case has been filed, and there is no court order regarding paternity, custody or visitation. You have rights as a father, but you can't enforce them unless you get a court ordered parenting plan. If you and the mom signed an affidavit of paternity and filed it with the state, you would file a petition for a residential schedule; otherwise you would have to file a paternity petition and prove paternity first. See my AVVO Legal Guides on paternity, parenting...

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  10. "Spouse"/ex-spouse slander/defamation in retaliation

    Answered 8 months ago.

    1. Bruce Clement
    2. Christian K. Lassen II
    3. Mishka L Marshall
    3 lawyer answers

    (1) Defamation is difficult to prove. (2) Any such law suit for damages could not be considered as part of the divorce. See my AVVO Legal Guides on divorce for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Legal Guides,...

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