Archived
Can I have a lawyer appear in court for me, as the petitioner in a domestic abuse restraining order hearing?
David's answer
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Answered on July 12, 2018
You must appear to give evidence. If you do not appear, your petition will be dismissed. I strongly suggest that you retain a lawyer to represent...
Archived
Say my husband sign my kids over to his brother but I still have custody of them and one of them he has no rights to. ?
David's answer
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Answered on June 29, 2018
Your husband cannot "sign the kids to his brother." If there is no court order otherwise, you are the parent, and should be able to pick up your...
Archived
Can I decide who watches the kids while I’m on a work trip?
David's answer
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Answered on June 27, 2018
A two month work trip is a long time to be considered typical "babysitting." It is likely that a judge would order the kids to stay with their...
Archived
Can I move to another state as primary physical custodian of my four year old son?
David's answer
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Answered on June 27, 2018
The law recently changed to require a more specific plan for the relocation, as well as removed the formal legal presumptions in favor of a...
Archived
If a motion was withdrawn would also the Temporary Order no longer exist? What if circumstances at time of TO have changed?
David's answer
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Answered on June 22, 2018
If circumstances have changed since the last order, you can file a motion to revise it. In the meantime, the last order is in force. You report a...
Archived
Can he do that?
David's answer
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Answered on June 22, 2018
The judge has the authority to set the visitation schedule. If you believe that you are having difficulty indicating your position to the judge, I...
Archived
Can I take my daughters dads rights away? I have a willing stepparent
David's answer
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Answered on June 15, 2018
It is possible. You would have to file a petition to terminate his parental rights, along with a stepparent adoption. There are several grounds...
Archived
Can Child support be waived by the custodial parent if a court order is in place?
David's answer
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Answered on June 15, 2018
Child support cannot be permanently waived, but the parents can agree to pay no child support at a particular time. If you are also asking...
Archived
How important is it to have an attorney at a Child Support hearing for modify the support order?
David's answer
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Answered on June 15, 2018
I agree with the previous post, but would add that if your ex has complicated or unclear finances (for example, bonus/commissions or business...
Archived
I am filing a motion today against my daughters dad. He filed for joint 3 years ago when she was 2 months old never did it
David's answer
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Answered on June 12, 2018
If the father is not keeping the visits offered to him, then you certainly have reason to limit them further. The same is true for custody...