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Martin W. Judnich
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Martin Judnich’s Answers

1,288 total


  • Is it illegal

    My ex-wife took my daughter to the clinic for an exam of a bug bite on her back the day after she returned to her from visiting us. The doctor diagnosed scabies exposure. My wife then tells the doctor that everyone in my household has the same s...

    Martin’s Answer

    probably not illegal. The doctor is being precautionary. Best advice is to just get checked in case it did spread.
    Then work out in your parenting plan issues like medical exams and how they affect the other household.

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  • How does assets calculate into child support?

    my x hides all his income in corporations and each corporation buys all his assets. So basically he looks personally broke but he's not. Public records show he lists himself as a "member" on one LLC and "share holder" on the other corp. He's re...

    Martin’s Answer

    In answer to your question, you hire a lawyer. There are child support calculations in Montana so there is a formula, but there are ways to tweak what goes into it. Only an experienced attorney can help you correctly. Check google or AVVO for a great family law lawyer near you.
    Here is a link to some good educational info on family law: www.MissoulaDivorce.com

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  • I have a difficult child custody case how, can I find a lawyer that is willing to go to bat even though I have a record?

    about my record: I have an assault charge because after sitting in jail for 60 days, 5min's before court my court appointed attorney told me, if i plead guilty to this charge I would get out of jail today, if I didn't, he didn't know when I would...

    Martin’s Answer

    That stinks. There are always attorneys willing to go to bat for you and be aggressive. A google or AVVO search in our area (Missoula and Ravalli county) should give you a good idea. However, it sounds like you are asking for a lot of personal attention and time devotion. Be prepared to pay for that attention in a retainer.

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  • Can a parenting plan be modified two months after both parents have already agreed to amending the prior parenting plan?

    My child's father and I agreed on an Amended Parenting plan and in the provisions it states that both parents will allow each other telephone contact with the other parent during that parents parenting time. However since the father has had the ch...

    Martin’s Answer

    Anything is possible, but it takes the cooperation of the parties and the judge. Best possible way to get that done is through an attorney. Are they expensive: yes. Is it worth it to get it done correctly the first time instead of going back several times to fix mistakes: yes.
    There are lots of FAQ's you can check out like this: www.MissoulaDivorce.com

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  • What are my legal rights?

    My sons mother and I split up 9 yrs ago. I see my son every other weekend and for one week out of the year for my vacation. I met my soon to be wife 8 yrs ago and ever since then my ex has made our life pretty much unbearable. I am threatened almo...

    Martin’s Answer

    Nothing you have listed here is illegal. If there are death threats or threats of violence you can attempt to obtain an Order of protection against these people. An attorney would greatly assist with your chances of getting that to happen.

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  • Wondering if I have a case

    I work for a company and just found out that one of the trainers of new people has been talking about me this individual I feel is slandering my name he does not know me I am a store manager he is telling this to my new employees

    Martin’s Answer

    Hard to say if someone slandered you without knowing what they said. Perhaps they had nice things to say about you. You need to know what was said, and get the person who heard it to testify as to that.
    Also, truth is an absolute defense, so make sure it is not correct.

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  • What repercussions will I face in South Carolina after a DWI conviction in North Carolina?

    Arrested for DWI in NC, refused the breath test and blood test came back as .16. Living in SC currently as well as at the time of the arrest. No grossly aggravating factors, 1 aggravating (.16), speeding was the reason for traffic stop but no re...

    Martin’s Answer

    Always tricky to play the game of which state will report and honor license issues with other states. If you are young and want to continue to drive a vehicle without problems, you should take care of it the right way. These things can haunt people for years that try to skirt the system and then they get pulled over one day and arrested for not taking care of it.

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  • In the state of Montana, what are the specific requirements for a parent to gain sole physical and legal custody of a child?

    My father's daughter and I were never married. He's a Canadian citizen (living in Canada permanently) and I'm a U.S. citizen living permanently in the U.S. My daughter was born in Montana, United States and is a U.S. citizen. My daughter has never...

    Martin’s Answer

    There are many factors. Stipulations are a great way of getting things handled, but it takes both parties actually signing those docs to make that happen, which can be a challenge. Best advice is to get it done right the first time and retain a good attorney to help you with the process to avoid headaches later.

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  • What to do when cops come to your party ?

    I'm having a graduation party at my house tomorrow night because I graduated from college. I'm on probation for a DUI a couple years ago so I won't be drinking but my friends will be. The party is going to be outside and I already covered it with ...

    Martin’s Answer

    Is this party worth going to jail? You are typically also prohibited from being in possession of alcohol, not just intake. Having alcohol around can be possession, which means you go to jail. Also, if a noise complaint is filed, then yes, the cops can come in. If your PO gets wind of this, the PO can also come.
    The best advice that is never followed is: If the police want to talk to you, don't talk to them, have your lawyer talk to them.

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  • Can a dwia, not dui, be sealed?

    I had a dwai in colorado back in 2009. I would like to work with a driving company out of nevada but they go back 7 years and denied my application. Its a much lesser charge of 500.00 dollar fine vs a dui which is 10,000.00

    Martin’s Answer

    Yes, this is a Colorado question. However most DUI convictions in almost all states cannot be sealed or expunged for the exact reason you want it to be. They want employers to know about prior DUI convictions.

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