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  1. Custody and Visitation Issues: Re: Non Custodial Parent Was Arrested

    This statute applies if a parent "has a reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm".


    And you suggest this statute is...
  2. Custody and Visitation Issues: Re: Non Custodial Parent Was Arrested

    DO speak with an attorney "who is representing you" BEFORE you take any action on your own initiative to withhold visitation. It is far from a given the court will restrict much less deny the fathers...
  3. Interstate Issues: Re: Can I Get Full Custody if I Moved Out of State with My Children

    Correct. Though this cannot apply here since this case is not an emergency situation

    Correct. Though this cannot apply here since there is another state which qualifies as the child's home state...
  4. Interstate Issues: Re: Can I Get Full Custody if I Moved Out of State with My Children

    In this instance, until the child has resided in Arizona at least six months, Arizona simply cannot and will not have jurisdiction over custody matters. The court cannot exercise subject matter...
  5. Disestablishing Paternity: Re: Acknowledged Father of 11 Years Mother Now Says I'm Not the Father

    Odd that your attorney neglected to inform you until the week before the hearing of something such as this, and that you do not already have a copy of his response. Suggesting he may have forgotten...
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    Trials and Verdicts: Re: Orally Citing Paragraph and Sections Id's in Statutes

    Many judges and attorneys get glassy eyed when statutes they are not expecting are cited during hearings. Expecting them to review your statutory cites at the same time you are making your pro se...
  7. Relocation: Re: Daughter Worried She Can't Leave Texas After Baby is Born

    If the child is born in Florida, that will be the child's home state for any custody determinations.

    If your daughter had been living with you her parents until recently, decided not to move with...
  8. Modification of Custody: Re: Dismissing Previous Order / Interstate Violation

    I agree the court will not order the child returned to CA, even if the current order is vacated and the custody issues set for a trial on the merits.

    You NEED an attorney willing to argue you...
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    Grandparents and Third Parties: Re: Non Parent Filed for Visitation of My Son

    tmi2008's initial statements were misleading since she indicated she had sole custody and the father had visitation, which implied there are court orders establishing both. Though apparently she only...
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    Grandparents and Third Parties: Re: Non Parent Filed for Visitation of My Son

    If as a result of this pending legal action the father decides to step in and seek a visitation order, it will likely be granted.
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    Grandparents and Third Parties: Re: Non Parent Filed for Visitation of My Son

    If by "placing her hands on your child" you refer to corporal punishment, such punishment if reasonable is allowed for in NY. In which case it may not have been your call to forbid it while the child...
  12. Spousal Support and Alimony: Re: During Divorce Left Spousal Support Option Open, How Easy is It Request After 2 Y

    It was very foolish to make any such verbal concessions on child and spousal support during your divorce without an attorney.

    California is different than most states in that it allows the court...
  13. Modification of Custody: Re: Father Seeks Full Custody of Son from Uninvolved Mother

    The Texas child custody and support orders absolutely remain in effect and are enforceable until they are changed. Your concern that if you ignore this she can come back later to collect unpaid child...
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    Establishing an Order: Re: How Due I File for Primary Custody of Daughter

    If your husband has you believing he may get orders for boot camp anytime from a week to a year from now, and that he has no idea when, there is a possibility he is snowing you and has no commitment...
  15. Motions: Re: Seeking Attorney Fees and Costs for Pro Se Work After Associating With Counsel

    What you should be looking for are citations INCONSISTENT or contrary to the judges impressions.

    Otherwise, for all intents and purposes, it won't matter if the appellate cases generally alluded...
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    Modification of Custody: Re: Post-Appeal; No Clear Order

    Expect the judge to be considerably less tolerant and accommodating to you once you have ditched your attorney and will represent yourself. Not saying it WILL happen, just that it is a likely...
  17. Grandparents and Third Parties: Re: Mother Mistakenly Signed Final Custody Order Believing It Was Temporary

    This should NOT be very difficult to understand in light of the fact mom voluntarily relinquished custody. This despite the fact that although the judge STRESSED to her the order was permanent, mom...
  18. Enforcing Custody Orders: Re: Mother is Not Going to Let My Kids Visit This Weekend. Not Sure What to Do

    While this appears to be a chronic problem, the fact you admittedly have not yet raised issue with the changing visitation schedules implicitly suggests to your ex you are ok with this. And to a...
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    Custody and Visitation Issues: Re: Mediation Results and Court Hearing

    Even with "court ordered mediation", most CA jurisdictions do not waive the confidentiality of mediation. Though some do...

    But as with any other expert opinion, the judge has almost absolute...
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    Custody and Visitation Issues: Re: Mediation Results and Court Hearing

    The father rejected mediation and chose to go to trial, as is the right of any party to a mediation process.

    In California, the mediation process and the mediators recommendations are generally...
  21. Modification of Custody: Re: Father Won School Time Based on Intentions

    If the father was represented and the mother unrepresented in this instance, then mom lacking an attorney could have easily been sufficient to have made a difference. While the fathers attorney would...
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    Custody and Visitation Issues: Re: Absent Father Wants to Reestablish Visitation

    The father filed a petition to reestablish visitation, and you resisted service based upon a fact service was made to your mothers house. There is nothing wrong with his girlfriend serving process...
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    Custody and Visitation Issues: Re: Father Kept the Children After Visitation Ended

    VERIFY the terms of your bond, and if you are able to leave the state to pick up your children.

    It would be best to retain an attorney who can immediately file a motion to show cause why the...
  24. Settlement: Re: Interference by Non-Attorney

    How about in a manner that could most quickly settle the issues and put the case to an end?

    This is a small claim and not a high $$ money dispute. Aside from the fact an attorney would have no...
  25. Modification of Custody: Re: How to Gain Full Custody of My 15-Year-Old Daughter

    A simplest approach may be if mom will agree to modification and to handle it in WA. A catch is that in this instance she may only "willingly" agree if you forego child support against her. Because...
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