The respondent never filed an official response but has since participated in court proceedings can I still dismiss my case?
Daniel's answer
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Answered on August 19, 2020
Unfortunately the court likely will not allow you to unilaterally dismiss the case if the mother wants to proceed with it. You should speak to an...
Is a CFI report invalid without child's input?
Daniel's answer
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Answered on August 19, 2020
It is important for the CFI to interview all relevant parties and especially a child involved in a custody dispute, or a child that is non-joint...
can emotional abuse be used in a custody battle? She wants fair joint custody, he demands otherwise despite unemployment?
Daniel's answer
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Answered on August 19, 2020
This type of behavior can be relevant to to a custody determination if there's proper documentation of it happening and impacting parenting time...
Archived
How can I put a restraining order or remove ex husband parental rights ?
Daniel's answer
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Answered on December 19, 2019
Hello, you may need to file a motion to restrict parenting time, but you should consult with a family law attorney first to discuss your previous...
What happens when the other parent doesn't pay child support? What happens when it's just late?
Daniel's answer
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Answered on December 19, 2019
Hello, failure to pay child support can result in a finding of contempt of court but there is a process to go through to get that order. If a party...
Archived
Does a judge have to know the case's history (ie temporary orders) when making a decision on final orders?
Daniel's answer
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Answered on December 19, 2019
Hello, most judicial officer consider pre-trial statements to be "opening statements" that are not admissible evidence, meaning it is still...
Archived
How do I go about a step parent adoption?
Daniel's answer
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Answered on December 19, 2019
Hello, step parent adoptions are wonderful and also somewhat technical proceedings. They require fairly substantial notification requirements as...
Archived
Can I file "Motion to Dismiss" on a mod to child support case if the petitioning party has failed to file their financial info?
Daniel's answer
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Answered on October 07, 2019
You may file a motion to dismiss in this case for the reasons you cite to above. You ask the right question in wondering what the odds are that a...
Archived
Do I need to file a second financial disclosure and child support worksheet?
Daniel's answer
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Answered on October 07, 2019
If you recently filed one motion and submitted a Sworn Financial Statement and proposed worksheet, you likely do not need to submit new documents...
Archived
What can I do if I want to move back to the state I have jurisdiction in after living in the same state as the dad for years?
Daniel's answer
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Answered on March 07, 2019
Hello, it really depends on what your order says. If you have a Virginia Court order but live in Colorado, Virginia law still applies. If you have...