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Thomas J Callahan

Thomas Callahan’s Answers

4,647 total


  • DCF took my children out of my ex's home... continued question..... advice please

    I found out my children have been out of my ex's home. found out sat that they weren't in the home and yesterday that they took them in may. The case worker gave me a docket number and told me to go to the court and be added to the case and ask to...

    Thomas’s Answer

    Filing a complaint for modification is what you need to do, at this point seeking emergency custody but longer term seeking parenting time. Seeing the related question that was asked by your current wife, I am assuming at the moment DCF has temporary custody and is working on re-introducing you to the kids. That's great and it is a gradual, delicate process. Work with DCF, but have a case pending in court. Ultimately, a judge will decide who has custody and what parenting time there is.

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  • DCF visitation question

    My husband will be getting visitation from DCF to see his children that were taken from his ex and whom he hasn't seen in 14 yrs. Will DCF allow me his wife and or our children to visit as well or only my husband ?

    Thomas’s Answer

    That is DCF's call, you can ask. But there is a need for gradual re-introduction of father to the kids, and so first they need to be comfortable with each other before new parties are allowed to join the mix.

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  • Landlord

    I have a yeAr leAse I pAid my rent the landlord to me they selling the house

    Thomas’s Answer

    Landlord can sell even with a tenant under a lease. Your lease should be honored for its term.

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  • Is a attorney allowed to lie on a motion to withdraw counsel form to a court?

    My attorney got mad because he is working OK a case of mine and I was in another auto accident and I got different legal representation for the new accident he said he was dropping me as a client because I hurt his feelings and he took the cas...

    Thomas’s Answer

    I have a new client upset how his old attorney is seeking to withdraw, with lots of added editorial comment to his motion. Most motions to withdraw should be simple requests to withdraw. The reasons aren't necessary unless the judge asks, and most of the reasons are understood - either unpaid attorney fees or philosophical differences with the client. If this attorney has filed something beyond that, file a response allowing him to withdraw but striking his pleading. If your case is 2.5 years old and a suit has NOT yet been filed, get a move on a new attorney because you have a statute of limitations fast approaching.

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  • How to defer an inheritance and give it to another sibling?

    Wow just found out there is a meeting for collecting an inheritance and signing legal papers tomorrow. I work and cannot be there at such a short notice. I live 40 miles away, the rest of the signers live in the town. Can I send a message via mess...

    Thomas’s Answer

    It does not sound like you want to defer, disclaim or forego your inheritance - its a simple matter of not being able to make a meeting. Just call whoever is in charge and make other arrangements to sign what you need to sign. There is no requirement of a single meeting with all heirs present to get your inheritance.

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  • Does my portion of my ex's retirement (per Quadro) come off of his retirement check?

    Ex retired a year ago without his company apparently knowing about the court agreement of 19 years ago when we divorced. I recently completed a process of getting them the court order and am finally receiving checks (after 6 months of hassle). I a...

    Thomas’s Answer

    It likely will. You can tell him or he will find out.

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  • If I file for full custody of my 2 children does that mean that child support stops?

    So my exhusband is very up and down. Women in and out of his life. Studio apartment, lots of broken promises to my kids. He's always all over the place. He paid me what he wants for child support despite the courts order. How ever I don't go thro...

    Thomas’s Answer

    I agree, custody and support are two different issues and the mere non-payment of support is not determinative of a custody issue by itself. Your custody case will turn on what's best for the children and his efforts at being a parent.

    You have filed a modification for custody. You can also file a contempt on the support. Unless and until an order is changed by a judge, it remains in effect. So just because you filed a modification on custody, child support does not stop. Just because he lost his job, child support at the currently ordered level does not stop unless and until he files for modification and gets an order to lower it. And if he quit his job voluntarily, he may not get it lowered at all. So press ahead on your modification, and file a contempt on the support.

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  • Can we do anything if not notified of death in our rented property?

    Just found out the home owners son killed himself 2 months before we moved in, in what us now my 11 & 12 year old sons room. We were never notified of this. Can we do anything?

    Thomas’s Answer

    When buying property, then general rule is "caveat emptor" ("let the buyer beware"). That rule says that a seller does not have to disclose anything unless specifically asked. Same rule applies in landlord-tenant. So it depends on what you may have asked about the property. Perhaps WV has a specific law or regulation requiring disclosures of this nature, but I am not aware of it. I would suggest speaking with the landlords and looking for a mutual agreement on laving.

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  • Can I refuse taking my son to supervise visitations set up by Cps if they do not have a court order?

    My sons father has just recently gotten out of jail for child abuse and neglect its still an on going JA-case, I have temporarily full custody of the child, Cps have set up supervised visitations saying I have to take him to see his father howeve...

    Thomas’s Answer

    Tough one. You oppose CPS at your peril. Absent a court order, you can refuse, but you risk CPS' wrath and perhaps them seeking custody of the child. Its better not to be at odds with them. Speak to them about your concerns. Seek an order from court prohibiting visits if you need to.

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  • What could happen if he does not show up?

    Greetings, I have court coming up as I put up a motion to have my sons father drug tested (hair follicles) as last time 6/23/16 we went to court he admitted to smoking marijuana but is what he didn't admit to that concerns me as I believe and hav...

    Thomas’s Answer

    Let me try to answer on these details.

    On child support, getting payment of back support is not done by motions for temporary orders. It requires the filing of a Complaint for Contempt. Perhaps you have done that, and that is what is being heard in September. But if you have not filed a contempt, the issue will likely not be addressed.

    As for the rest of your motion, again motions are not heard without being within the context of an ongoing complaint. I will assume you have a pending and open Complaint for Modification to change the parenting plan.

    Assuming you are correct procedurally, if he does not show up, the judge will first ask for your proof he was served notice of the motion. Assuming he was served, the judge can either continue the matter to a new date when he does show up or may give you what you want by default. Which that will be depends in large part on the history of the case.

    DCF's investigation will move along on its own track until it either closes the case, issues a report for the court or makes a finding of neglect and generates a service plan for him.

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