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Allan E Richardson

Allan Richardson’s Answers

881 total


  • Can the mother lose custody if she missed mediation that was ordered by the judge?

    I've filed an order to show cause against the mother of my children but judge didn't hold her in contempt. He ordered mediation before our custody case and she missed both days so would that be considered default in my favor and grants me custody?

    Allan’s Answer

    You should consult with an attorney, however it is unlikely that the missed mediation alone would constitute default. If a party chooses not to participate in court proceedings, that is different.

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  • Can my ex refuse to pay for activities if part of our original agreement file with the court?

    My former husband signed an agreement in 2009 agreeing to pay for 75% of kid's activities. He is now refusing to pay for their ski racing; (expensive, I realize).

    Allan’s Answer

    It depends on how the agreement was worded. If the agreement requires that he pay for those activities then you can file to enforce the agreement.

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  • Do I have to agree with a mediation settlement I was not informed about?

    Our mom had a Revocable Trust,2 beneficiaries have fought the Trust since day 1 after mom's death. It was set for a jury trial,the Trustee was notafided by phone call of mediation on Friday after 5:00 pm, for Monday mediation , trial starts on Wed...

    Allan’s Answer

    If you were a beneficiary of the trust then you should have been notified of the mediation. If you were not, then you can contest the settlement that occurred without you being present. This sounds like a complex case and you should speak in person with an attorney to share more facts.

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  • Can I refuse to Custody evaluation? Mediation failed. In Mediation ex stated he wanted to do a custody Evaluation

    Married for 9 years. Separated 6 months ago. After agreeing with ex to a parenting schedule (the week of our separation) he took child out of state for a week came back and change him to a different school (where I didn't have access to him) and d...

    Allan’s Answer

    You should consult with your attorney given that you have one. If mediation has failed and custody is contested, then the custody evaluation will not be optional. It is necessary information for the court to consider in determining custody.

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  • Will I look bad in custody mediation if I am living with family while saving to purchase a home?

    I am about to go to mediation for custody of my son. the BM has been evicted numerous times recently, and is currently living with several relatives due to inability to acquire an apartment on her own. My son has never had his own bedroom at his...

    Allan’s Answer

    In mediation you can agree to whatever works best for you and the birth mother so the living situation is not as relevant as it is for litigation as long as you have an adequate place for your son. You do not have to have your own place to have adequate space for your son, and it is possible that living with extended family could benefit him in other ways. If so, these are points that you would want to emphasize.

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  • Should I do a counter change in parenting time or try to set up mediation?

    My son was diagnosed with autism back in May. I tried to set up three separate meetings with his dad to discuss this. He cancelled every time. I finally just told him on pick up one day and he literally backed out of my driveway while I was talkin...

    Allan’s Answer

    If he is petitioning for a change in parenting time then you can oppose it. It would be difficult to opine because we do not know all of the facts. However, if you can not afford an attorney you could check with your local bar association or Legal Services Agency to see if you qualify for free or sliding fee services. You could also see if you qualify for a court-appointed attorney.

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  • Can the attorney general change what we agree on child support on in mediation?

    My ex did not want to sign our.divorced but after mediation I am finally divorced now hes trying to get away with paying child support and hes.doing.side jobs.what can I do so its not.changed?

    Allan’s Answer

    Yes, if the attorney general feels that the agreement is not in the best interests of the child. Child support is the right of the child and the state has an interest in ensuring that parents support their children, in part to avoid a necessity for children to receive public assistance.

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  • If the parties in a civil case agree to enter into mediation, does the defendant still need to give an answer?

    IF i got an extension to answer and want to demur the complaint, am I still required to fil my demurrer or answer the complaint by the deadline even though we agrr to mediation,

    Allan’s Answer

    You are still obligated to comply with the court filing requirements. Hopefully mediation will result in an agreement in your case, However that does not always happen in which case, the proceedings usually continue in the court system without the benefit of a mediated agreement.

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  • What is best mediation or hiring an attorney? Legal separation or divorce?

    My biggest concern is medical insurance, as I would like to continue on my husband insurance. I've been a stay at home wife/mother for 25+ years. I am currently still financially supported by my husband. We are not living together. Financiall...

    Allan’s Answer

    When you are divorced, then you will not be eligible to continue on his medical insurance so legal separation may be better from that perspective. If you have no income then you can make a request to the court that your husband pay your attorney fees. If he is willing to engage in constructive discussion, mediation is worth trying because you can fashion an agreement that works for both of you. Often when a judge decides what will happen neither party is happy with the result.

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  • Can I ask for a mediator for child visitation with my child's father since he thinks I'm trying to limit his time with our child

    My childs father, my ex, is going to file court papers to have court ordered visitation schedule, which we don't have. He cannot accept the fact that I had to change my drop off time, I always drop off and pick up, due to the fact I am working lon...

    Allan’s Answer

    If you are having trouble agreeing on a visitation schedule and times then mediation may help. You should give it a try if he is willing to engage in constructive discussion with you with the assistance of a neutral party.

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