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Allan E Richardson

Allan Richardson’s Answers

869 total


  • Can my attorney physically sit in the mediation instead of me if I live states away?

    So I got served papers from my ex husband. I live in another state and need to know if my attorney can represent me in mediation or do I physically have to be there? My children and I have lived here for over 2 years so I have a great chanc...

    Allan’s Answer

    Your attorney can not mediate for you, however you may be able to participate electronically if you do not live in the state where the mediation will occur.

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  • What should my brother be asking for in this mediation? What are the basics he's entitled to as far as visitation and possession

    My brother is in college in Texas. Got a girl pregnant. She dropped out and went back home to VA to stay with her parents and have the baby. Baby was born in November. They can't seem to agree on when and where he can see the baby. They have a med...

    Allan’s Answer

    He should consult with an attorney in VA before the mediation so that he can be aware of his legal rights and responsibilities under the law of the state where the child resides. VA, like other states, has child support guidelines and an attorney can compare his income and the mother's, if either of them have income, to give him an estimate of child support. Typically given that he is in another state, unless he is petitioning for custody then it is likely that he will be granted liberal summer and holiday visitation.

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  • Can I file a motion to dismiss a Petition for Grandparent Visitation without a hearing or mediation?

    My ex-mother-in-law filed a Petition for Grandparent Visitation. She is only seeking visitation during my parenting time. My ex-wife has parenting time only during breaks (e.g. 3 weeks in summer, every other Spring Break, etc.). She was not ver...

    Allan’s Answer

    It is unlikely that the court would entertain a motion to dismiss the petition absent some defect in her petition without hearing from her. A grandparent does have the right to petition for visitation. That does not mean that a court will necessarily award it over a parent's objection. This is particularly the case if you present evidence that she has not used visitation in the past in the best interests of the child.

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  • What should we do at mediation if we feel the mother is unfit?

    Long story short, my boyfriend I obtained an emergency custody order of his daughter because the mother was hit with felony drug trafficking charges. We had our 10 day hearing and was granted full custody with her seeing the child every other week...

    Allan’s Answer

    You do not have to agree to anything in mediation. It is simply an opportunity to work out an agreement acceptable to both parties. If you feel that the child is not safe with the mother, then you should not agree to anything that would endanger the child's welfare.

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  • Mediation

    I have mediation Monday mom has already call and the things she's asking for is bull. Do I have to agree with anything and If I go in there and not agree Will it make me look bad to the judge.

    Allan’s Answer

    You do not have to agree to anything in mediation. A Judge hopes that parties will come to a settlement in mediation, however there is no requirement to do so and parties have a right to litigate if that is their desire.

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  • What are my rights as a parent it has been recommended by a mediator that I give up my parental rights?

    I am pro se. Have been battling for my visitation rights with my 2 children for 7 long years. I did have an attorney but parted after final hearing. I recently filed a petition to mod. par. plan. The ex and her attorney tried to get it dismissed b...

    Allan’s Answer

    If you do not want to give up your parental rights but there are safety and co-parenting concerns, then perhaps supervised visitation with a friend or family member or in a residential setting is an option?

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  • Is there any recourse I have that will cause my ex to keep our son while waiting for the court appointment. We have a mediation

    I remarried after divorcing my ex whom I have a special needs child with. I have physical custody. Currently I am 7.5 months pregnant. My special needs son is 14 and I cannot physically manage his violent outbursts. I have told my ex about this as...

    Allan’s Answer

    I am sorry to hear about your situation. It sounds like your son may need a residential placement or intensive outpatient therapy. You should pursue those options. If your ex is not willing to accept custody, it is not likely that a court will transfer custody to him.

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  • Would they consider me a terrorist and if so am I under surveillances

    I think the FBI have me under surveillances or the Secret Service. I threatin to kill two different President and put a fake bomb in a Walmart bathrooms and tried to blow up a VA van on fire. The only charges I got was threatining the Presidents. ...

    Allan’s Answer

    If everything that you say is true, it would not be surprising if the FBI has you under surveillance.

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  • Child support mediation...what to expect?

    Can someone tell me how child support mediation works? I have a child support mediation set up in May, and a trial date 3 days after that in case it is needed. This is a deadbeat date that has tried to dodge support for almost 2 years now. He made...

    Allan’s Answer

    Mediation offers the best opportunity to reach an agreement that is more likely to be complied with than when a court orders a solution. The fact that he is currently unemployed does not mean that his child support will necessarily be reduced. Income can be attributed to him depending on why he is unemployed. That means that a court can order an award reflecting what he is capable of earning based on his past earnings. You should be aware of that going into mediation.

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  • How can I present the judge with case law that my lawyer used coercion, duress and undue influence to get me to sign

    During our court ordered mediation, my lawyer told me that if I did not sign the agreement, which did not represent what I had verbally agreed to (the parties were in separate rooms each and the attorneys and the mediator were in another) that I w...

    Allan’s Answer

    It is not likely that your attorney's advice that if you did not enter into a mediation agreement that the alternative is trial would be construed as duress. Additionally if your attorney does not or would not handle a divorce trial or your particular trial, it is appropriate for him to tell you that. Perhaps there are some additional facts about how you were told that could change the analysis. Nevertheless, you could have opted not to sign and to go to trial and be represented by a different attorney.

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