We are seperated since my soon to be ex cheated on me. We have lived in the same town since we seperated but now wanting to relocate 60 miles from where my ex lives and wanted to know if I can even if we don't have any court ordered
Unless there is an order that precludes you from relocating, you may certainly do so. However, that does not prevent the other parent from commencing a legal action for divorce, or custody and seeking a return of the child to their original county and/or home. Before you make any move, you should discuss the particulars of your case with an experienced attorney.See question
Court papers state the father have 60 and mom have 40, son has been living with his mom per therapist and the primary parent hasn't paid child support, hasn't seen his son and calls very random
Your question is confusing and you should speak with a lawyer about the particulars of your case. However, it is true that child support can only be modified back to the date that a motion is field in most cases. If a parent who pays child support has had the child in their primary care, they could argue that their child support obligation was satisfied.See question
My daughters are 10 and 11 and have been saying they want more time with residential parent and the father doesn't care. Says the time is his right. He blows up and yells and they never know if they are doing right or wrong. I've asked about emoti...
The only way to address you existing parenting time order is to file a motion to modify parenting time. Courts make parenting time adjustments based on a best interests of the child standard. In some cases you may be required to try to mediate the issue, though that is not always necessary where domestic abuse has occurred. You should retain an attorney for such a motion.See question
I have an omnibus trial for a second degree dui. My brakes went out and I crashed into a building with almost double the limit. How should I proceed?
First, an Omnibus hearing is not a trial. It is a hearing where you can file motions to challenge probable cause and/or evidence..
Second, you need an experienced DWI lawyer. Your charge is a gross misdemeanor punishable by up to 1 year in jail and a %3000 fine. There is also a separate civil acton where you face a license cancellation for more than one year. You must challenge that cancellation within 30 days from your notice of cancellation You may also face vehicle forfeitures and plate impoundments,See question
appeal, 2255 and post conviction relief. Appeals are first following a sentence and then if that fails or you want to pursue further is a 2255 next or a post conviction relief? What is the average cost and how long does it take to get an answer af...
The answer would depend on the facts of the case.generally post conviction relief is brought if there is prosecutorial misconduct, judicial misconduct,recantimhg witnesses or newly discovered evidence. A Post conviction relief action may also be brought before an appeal if it is necessary to supplement the trial record - for example if there is an ineffective assistance of counsel cain where evidence was not presented at trial, you may wish to proceed with post conviction relief first to supplement the record and then, perhaps, appeal from that Order.
An Appeal may be brought following a trial to challenge sufficiency of the evidence, pretrial rulings, and errors made during the trial.
You must consult with experienced counsel.See question
the date that the ofp was put into place is 3/24/16. i was falsely accused of violating the ofp 4 times and iam currently taking them to trial. but while going over the ofp today i noticed that it say the ofp is effective until 3/24/16. obviosly ...
That would be a valid argument since you must be provided proper notice of the Order and the consequences for a violation. You would be wise to retain a lawyer to seek a dismissal as part of pretrial motions.See question
I missed a probation meeting. I'm on Minnesota's swift and certain warning and I got a letter saying theres a warrant for my arrest. Its my first violation and it says 3 days. I thought my meeting was this Wednesday but it was last Wednesday
You must retain a lawyer immediately.s Swift and Certain programs emphasizes the delivery of "swift and certain" punishment when a probationer violates conditions of probation. In other words, your attorney must act swiftly to prevent incarceration.See question
I got an agreement to suspend prosecution. I didn't enter any plea. But on the document, there is a sentence "if the agreement is terminated and a trial in this case is held, the parties stipulate as follows:" please explain that statement. Does t...
Generally it means you are stipulating to facts constituting the elements of the crime. As a result, if you do not follow through with conditions of probation, it is easier to seek a conviction since you admitted to the facts.See question
my daughters dad filed an ofp on behalf of my daughter. he was ordered to return her when he took her ( I filed ofp to get her back it was denied ref stated he was guilty of med neglect) he took her again and filed one. he lied to 911 stating i w...
I am uncertain what your question may be.
You must file an appeal within 6 sixty (6) days of the Notice of Entry of the Order. The rules related to an appear are very taxing and you should certainly have an attorney. One basis for a potential appellate action is an abuse of discretion, though other, reasons may also become apparent after a review of the transcripts of the proceedings.
Call an attorney from AVVO for a consultation.See question
I have a 10 year old son that I see 2-3 times a year, and talk to about 6 times a year. I want to try to get custody. What do I need to do in MN, and how much custody could I get.
First, it is important to determine whether any court orders have been entered regarding custody or parenting time. That will allow us to determine the standard that applies for determining custody.
Second, there are two types of custody, legal and physical. Legal custody is the right to make decisions regarding important events in your child's life such as schooling, medical care or things of that nature. Physical custody refers to the primary parent with whom the chili resides. The label is not as important as the parenting schedule that is agreed upon by the parties or determined by the court.
It is important that you contact a lawyer to discuss these issues in order to best know how to proceed.See question