If the Justice Court is the Trial Court and the Appellate Court is the Superior Court, can a litigant appeal to a higher court?
Jay's answer
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Answered on May 05, 2021
Res judicata does not apply to cases dismissed without prejudice. More generally, it doesn’t apply to any dismissal, as it requires a case to be...
What happens if one parent makes a school/daycare decision without the other parents agreement?
Jay's answer
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Answered on May 04, 2021
Schools are treated differently than daycare providers. School choice is a major legal decision. Childcare typically isn’t. It’s usually left up to...
Will a child go school close to either of the parent's location and not midway between parents?
Jay's answer
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Answered on May 03, 2021
No, the parents are free to choose an equidistant school and courts generally prefer it aged logistically possible.
Should I respond to temporary custody orders with no service ?
Jay's answer
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Answered on April 30, 2021
While you do need to be served, the purpose of service is to ensure you know about the court proceedings. Since it’s clear that you do, I’d suggest...
Archived
How long does it take to get a hearing/trial on a third-party visitation case?
Jay's answer
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Answered on April 30, 2021
There’s no perfect answer. It depends on the assigned judge’s calendar and the opposing party’s positions. Contested family court cases can take a...
My baby’s dad pretty much kicked us out when I was 2 months pregnant does he get any rights to visit/meet her?
Jay's answer
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Answered on April 28, 2021
Biological parents have presumptively equal rights. It’s very unfortunate he mistreated you, but that won’t necessarily preclude any efforts he may...
How can a default judgement work on a civil collections that involves family and criminal courts?
Jay's answer
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Answered on April 28, 2021
From the information you provided, the facts are unclear. When you say you served a letter, did you also serve a petition? A letter carries no...
Archived
Can I stop child support if my daughter is living with me but her mom has custody?
Jay's answer
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Answered on April 28, 2021
The situation you describe can be a defense to child support enforcement, but to stop child support you would need to modify parenting time and...
Archived
How can one better prepare themselves if the other parent of a child born out of wedlock is planning on skipping town?
Jay's answer
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Answered on April 25, 2021
Serve her before she leaves and file a preliminary injunction. If the other parent relocates before service, it makes the case exponentially more...
Archived
Can the mid-week drop-off time be changed? If it’s past a toddler’s bed time?
Jay's answer
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Answered on April 25, 2021
This is a question your attorney is better positioned to answer. Without knowing considerably more about the situation, i.e. when the order was...
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