Samantha Lee Smith's Legal Cases (4)

Child custody

50B Dismissed, Father Awarded Emergency Custody

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OUTCOME:

A client had a 50B, also known as a Domestic Violence Protective Order, taken out against him by the mother of his child. She had also filed for primary legal custody and physical custody of the child. ... When the client approached us on the matter, attorney Samantha Smith didn’t have long to prepare for the hearing. She had to speak with the client quickly and efficiently to know how he wanted to move forward. She also made sure to explain all of his options to him. There was a language barrier as he spoke primarily Spanish, but our paralegal, Priscilla, translated all communication between them. On the day of court, the Plaintiff failed to appear. Upon learning this information, Samantha knew that she could get the 50B dismissed and that there was a good chance her client would get to see his son again. It was a very gratifying feeling to know that after months of not being able to see his son, our client would reunite with him. Due to failure to prosecute, attorney Samantha Smith was able to have to the 50-B dismissed and her client was awarded temporary emergency custody. The client no longer has to live in fear that there will be a valid 50B in place against him. Most importantly, he has the opportunity to continue building a meaningful relationship with his young son. Attorney Samantha Smith acknowledged that one thing that hinders many people in terms of a 50B complaint is the tendency to want to communicate with that person. It is especially true when that person is the parent to their child that they have not been able to see for an extended period. Most of the time, things can be resolved outside of court via communication between the attorneys. Whether this is the case or not, it is imperative to stay calm at all times and to not communicate with the opposing party.

Domestic violence

50B Dismissed After Successful Negotiations

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OUTCOME:

A client’s wife filed a 50B, or a Domestic Violence Protective Order, against him. She alleged our client abused both her and her son. Her son was of a previous relationship and was also autistic. Our ... client and his wife also had a younger son together who’s custody schedule would come into question later in his case. The husband explained to attorney Samantha Smith that the autistic son often had violent outbursts. And, because he was a teenager, it could be difficult to calm him down and keep him from hurting himself or others. Because our client is undocumented and currently in the process of gaining United States citizenship, this could have had a significantly negative impact on the outcome of his citizenship. Additionally, his wife had also taken out criminal charges against him. So a 50B on his record could have hurt the outcome of those cases as well. After speaking with him and listening to all of the facts, Samantha knew that she could fight for a dismissal by taking this case to trial. However, the biggest challenge Samantha faced was communicating and negotiating with opposing counsel to come to a resolution that was best for our client. She needed to think of a way that our client could get custody of his younger son even if the 50B was entered against him. She needed to get creative. In the middle of the trial, negotiations started after the judge suggested the parties come to an agreement regarding the custody of the younger son that was born of the marriage between our client and the Plaintiff. Opposing counsel approached Samantha late in negotiations before resuming the trial and made one last offer, which included the voluntary dismissal of the case. Samantha was happy and relieved to present this outcome to our client. With the 50B dismissed, he could now move on with his life and put this behind him. Our client no longer has to worry about a 50B hanging over his head. He can fight the criminal charges with confidence and resume his citizenship application successfully. “I would advise clients in a similar position to fight for themselves if they truly believe the situation they are in is unjust. I am always happy to fight for the best interest of my client, but I also know that negotiation is an important step in that process.” – Samantha Smith, Family Law Attorney

Child custody

With Remote Learning Concerns, Mother Fights to Maintain Primary Custody

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OUTCOME:

Family attorney Samantha Smith recently represented a mother who had been the primary caretaker of both of her young girls. The mother had been most involved with the major aspects of their lives, such ... as schooling and medical visits. However, a significant concern the mother had was the father’s ability to help their oldest daughter with remote learning. Her daughter was just about to start Kindergarten and it would be held online due to COVID-19. Samantha and her client knew that the current custody schedule of the father having the girls two nights per week was ideal, but the father wanted more. As a result, our client was potentially facing having less time with her girls per week, despite being their primary caretaker. And, her kindergartener’s quality of education was also at stake. The biggest challenge Samantha faced was the opposing party being pro se, without an attorney. Often times when an opposing party is unrepresented, it makes it difficult to agree without going to court. In this case, Samantha and her client had no choice but to go to court and fight it out. Fortunately, after the opposing party testified in court, Samantha knew they had won the case in favor of the mother. Our client no longer has to worry about what her oldest daughter will have to do in regards to her online Kindergarten classes. She can help her daughter start remote learning with confidence and provide all of the tools that she needs to learn consistently. “It’s so important to stay on track and keep the best interests of the children at the center of focus. When people are pro se, it’s easy for them to get tied up in the past and the type of relationship that they had with the opposing party. Here, the pro se defendant lost track multiple times, but I was able to redirect the focus of the judge to the main concern- the children. I would advise a potential client to avoid getting wrapped up in the feelings for the other parent and to keep the best interests of the children at the center.” – Samantha Smith, Family Law Attorney

Child custody

Emergency Custody Order Gets Teen Out of Abusive Home

N/A

OUTCOME:

Attorney Samantha Smith represented a mother living in Iowa but whose daughter lived with the father in Randolph County. Her 15-year-old daughter had reached out to her for help because the father was ... physically abusing her. The father had cut the daughter off from communication with the outside world, and they lived in a very secluded house away from other people. The mother knew she needed to secure legal counsel right away to get her daughter out of this situation as quickly as possible. So, she contacted attorney Samantha Smith for help with an emergency custody order. “I knew that this young girl needed help, and I wanted to do everything in my power to get her out of this scary situation,” recalls attorney Samantha Smith. Samantha had very little time to prepare for this hearing, as she only had about a day and a half to get all of the paperwork and pleadings drafted. These pleadings needed to be immaculate to ensure that her client secured ex parte emergency custody. For the hearing, the mother drove down from Iowa and testified briefly, ex parte in front of the judge. At the end of the hearing, the judge signed the order granting the ex parte custody motion. It was the most wonderful and relieving feeling to know that this young girl was finally getting out of a bad situation. The mother was overcome with joy and relief knowing that she could safely help her daughter out of the situation. She no longer has to worry about the physical and mental safety of her daughter. One of the advantages our client had in this particular situation was the strong, loving bond she shared with her daughter. The mother lived states away, but she kept a close bond with her daughter, and it showed.

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