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Joseph Zachary Simmons

Joseph Simmons’s Answers

46 total

  • What can i do to get full custody back i want them away from that situation ARCHIVED

    Joseph’s Answer

    You should hire and attorney as soon as possible. That attorney make look into filing for an emergency protective order.

  • Can I file here or in Virginia?ARCHIVED

    Joseph’s Answer

    Mr. Page is correct. Without an order transferring the case to your present jurisdiction, then the contempt must be filed where the Order that is being violated was handed down.

  • How do I help my sister become emancipated when she no longer lives in the same state with out mother?ARCHIVED

    Joseph’s Answer

    Emancipation may be granted by a court of appropriate jurisdiction. You may be able to contact the local department of social services for some assistance. Tread carefully and seek the advice of a duly licensed attorney.

  • Can someone file motion for contempt against me if he violated the court order first?

    Joseph’s Answer

    More than likely if either party violates a court order they can be found in contempt. A common defense to such a charge would be a verbal (or written) agreement between the parents to alter the Order.

  • Should I sitgn medical child support (QMCSO) that ex wife & attorney served me with? What are consequences of signing or not?

    Joseph’s Answer

    You need to have any contributions made to her in writing. In particular, you need to be abiding by a court Order if you have one, and if you do not have one then it would be wise to finalize your financial obligations. The most difficult cases are those where one parent has paid money to the other for months or years without a court order, then recipient files a suit for support alleging that the other parent has never paid anything.

  • What reasons do I need to be able to live with my dad?ARCHIVED

    Joseph’s Answer

    This is going to be a difficult process for a while and its an unfortunate thing for you to have to endure. You're very articulate and if the case goes to trial then the Judge will likely hear your testimony. You should be able to request that you speak privately 'in chambers' with the Judge because that may be an option. You should also let your father know so that his attorney can do everything in his power to make your and your father's goals happen.


    Joseph’s Answer

    You can file a claim with the state bar. In terms of reopening a case, that will be an uphill battle, but if the facts show what you allege and the allegations materially affected the outcome of the case, you may be able to do it.

  • I was just served divorce papers. Do I need to hire an attorney or to defend me? What does it mean to go through mediation?ARCHIVED

    Joseph’s Answer

    It would be wise to consult with an attorney so that he can give you general information on divorce and the domestic dispute charge. In my jurisdiction, divorces are highly technical and even where the parties are in complete agreement it is wise to hire an attorney.

  • My family built a private road over a neighbor's property to access our private property over 45 years ago. Is it our road?ARCHIVED

    Joseph’s Answer

    Not being in your jurisdiction I cannot give you a definitive answer regarding legal ownership. However, it would be wise to have this issue settled by an appropriate deed, perhaps a deed of easement. It's likely you've acquired some rights to the road/access.

    The longer you put off coming to a final resolution on the matter, the more difficult it will be to resolve.

  • Establishing paternity before mediation?

    Joseph’s Answer

    You need to read all of the Court Orders very carefully. Any order previously issued by a Judge is what you are bound to comply with and failure to comply with a court order can result in contempt of court. The same is true for the mother.

    If the Court ordered mediation, then mediation is not voluntary and you must attend.