Questions answered by David B. Carter Jr.

Archived

My son was arrested on my property with a possession and paraphernalia charge. Can I get a copy of the police report?

David's answer | Answered on August 14, 2013

Your son needs to hire an attorney and the attorney will get the police report. According to your facts you may have a defense the charges. I would...

Archived

Ex wife signing kids up for school

David's answer | Answered on August 14, 2013

If you have joint legal custody and you can not agree you should file a Motion with the Court ASAP to have this resolved.

Archived

Are there any legal rights a biological father can have on a child if his name is NOT on the birth cert? my husbands name is on

David's answer | Answered on August 14, 2013

Bio dad can try to establish paternity. If he is not interested in the child and paying child support you may want to consider adoption.

Archived

Can I change the friend of the court rule to 2, 2, 3 day rule?

David's answer | Answered on August 14, 2013

I agree with Ms. Fink, this is only a recommendation and if you did not sign anything file an objection with in 21 days of getting the proposed order.

Archived

QDRO's

David's answer | Answered on August 14, 2013

If the QDRO has been approved then yes. If not you should spring for an attorney to do it as it can be very complicated.

Archived

Does collecting Aux Benefits for my kids affect an agreement that my X and I have to pay mtg payment in lieu of spousal support

David's answer | Answered on August 14, 2013

I think he is wrong. It appears that the agreement was mortgage payments in lieu of spousal support which is totally different from child support....

Archived

Do i need an attorney if i just received my first minor in possession?

David's answer | Answered on August 14, 2013

It is always better to go with an attorney. You have an extremely high BAC level which may prevent a diversion offer depending on the jurisdiction....

Archived

2 DUI My main concern are the six notarized sobriety letters. I don't have six people who would do that is there another way?

David's answer | Answered on August 14, 2013

You only need three. You really need to hire someone so that you can create a good record as denials are given a lot when they should not. You then...

Archived

If I have a pending court date for full guardianship can the parent remove the child from the state before the court date?

David's answer | Answered on August 14, 2013

It would not be advisable and I would Motion the court for a restraining order and do it ex parte, if you really believe this might happen.

Archived

My son was sentenced to 7 1/2 yrs to 15 yrs in prision. Can we appeal to reduce the sentence? Was charged with csc 3rd degree.

David's answer | Answered on August 14, 2013

Each sentenced is based on the facts of the particular case. If he feels he got a unfair sentence he needs to appeal even if it is unlikely to...

David B. Carter Jr.'s Answers (4028)

My son was arrested on my property with a possession and paraphernalia charge. Can I get a copy of the police report?

Ex wife signing kids up for school

Are there any legal rights a biological father can have on a child if his name is NOT on the birth cert? my husbands name is on

Can I change the friend of the court rule to 2, 2, 3 day rule?

QDRO's

Does collecting Aux Benefits for my kids affect an agreement that my X and I have to pay mtg payment in lieu of spousal support

Do i need an attorney if i just received my first minor in possession?

2 DUI My main concern are the six notarized sobriety letters. I don't have six people who would do that is there another way?

If I have a pending court date for full guardianship can the parent remove the child from the state before the court date?

My son was sentenced to 7 1/2 yrs to 15 yrs in prision. Can we appeal to reduce the sentence? Was charged with csc 3rd degree.