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FAPA and ex parte show cause

Bend, OR |

I was not consulted regarding a show cause hearing set to carry over next month due to improper service/notice, repondent phoned in an offer to take 1 overnight and 2 afternoons, instead of the 50/50 previously demanded. Seems to me the whole point of a FAPA is nil if he is given unsupervised parenting time. Resp wants sole custody and no spousal support etc. The offer is just a toe in the door to getting the protective order tossed. What are my options without an attorney? He makes 65k and I have no income yet.

Attorney Answers 4

  1. You really need to consult with a local family lawyer, even if you cant afford to hire for full representation. You need to find out the local procedures, how the local judges handle these types of issues, and what to expect. I wouldnt make a fuss about improper service, unless you dont find about about a hearing until the last minute or at all, and thus cant be there or be prepared.

  2. i agree with attorney Kopelson.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

  3. FAPA hearings are frequently a tactic to get temporary custody. I can't really tell from this as to what all of the issues are. You really need to talk to an attorney to get proper advice because you cannot get your questions answered on this site. You may be able to talk to a pro-bono attorney. You need to at least respond to the petition and appear at the hearing or else an order will be entered against you.

  4. I agree that you need to talk to an attorney - at least get a consultation. It sounds like there may also be a divorce involved (or if not, there probably should be - for one thing, you cannot get spousal support in a FAPA proceeding). It is hard to say whether the respondent's offer for parenting time is reasonable without knowing the circumstances surrounding the restraining order - but it is not unusual for a parent to have a restraining order against them, but still have unsupervised parenting time if the circumstances did not involve harm to the child. It is also hard to say what your options are without an attorney because you dont really state what your goals are.

    My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-client relationship is not created until a Fee Agreement has been signed. In addition, my suggestions are based on very limited information provided by the Asker and are given based on my experiences and general circumstances. My suggestions may not ultimately be applicable to the Asker's situation because of the limited amount of information provided. No suggestion is guaranteed to be sucessful. Case specifics should not be shared online. You should seek specific legal advice in a private setting. Shannon L. Hall, Attorney at Law (Licensed in Oregon) 245 East 4th Avenue, Eugene, OR 97401 Phone: 541-434-2411, Email: