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Court proceeding answers (392)

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Q: 

What are ProSe Limitations in court proceedings

A: Hello again, either party can schedule either party"s motions. If you want the Motion heard then have it scheduled. If service has been perfected then in all likelihood opposing counsel will withdraw the Motion if they are contacted to schedule a hearing on the same....


Q: 

What are ProSe Limitations in court proceedings

A: Hello again, either party can schedule either party"s motions. If you want the Motion heard then have it scheduled. If service has been perfected then in all likelihood opposing counsel will withdraw the Motion if they are contacted to schedule a hearing on the same....


Q: 

custody and courts question NS...

A:  Not sure what your question is here. Why would you want your son to have contact with his father who is  a abuser of drugs and alcohol. I would be letting sleeping dogs lie. What is your question?  Are you concerned that he is going to come back?  Or has he come back?  Without a clear question, it is hard to know what info to give you. I would say that if he isn''t in contact, then don''t give him reason to suddenly want to be a part of your sons life.  At this point in time, given the state of father, it would be more harmful than good for your son. Just because his name is on the birth certificate doesn''t make him a father.  He could have been a one night stand and never even knew you were pregnant (using an example here), but that doesn''t make him...


Q: 

Contempt of court/Divorce

A: Hi Melissa, which parent a child will reside with for the majority of thre time is decided based upon the best interest of the child and even though the child may be 16 Florida statutes do not provide that the child has a right to pick which parent that will be or even allow the child to testify before the court regarding the issue. To determine what matters will be relevant to the courts decision review Florida Statute 61.13. I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client...


Q: 

How to insure court retains jurisdiction

A: Kurt, DISCLAIMER: I am not a LAWYER, but have extensive experience in family law in several states. I have "learned" through experience some family law issues. ANY AND ALL ADVICE given hence forth are my opinion ONLY therefore I cannot be held liable for any advice given. I STRONGLY recommend to seek a LAWYER to find out the details, and exact laws. Good news: In reference to "change of venue". In most states, if there is a "existing case" still open. The "home" court test will be applied. If I read this correctly, your marriage has not been desolved and is set for trial in July in Contra Costa County. This becomes the court that resides over Sacto Superior court UNLESS the court...


Q: 

Contempt of court & My options?

A: Mike, DISCLAIMER: I AM NOT A LAWYER. I am someone who is sharing an OPINION only based on my own family law experiences. For the exact law as it pertains to your specific case seek out a Professional Attorney in your area/county. 1. Keep a record or log of the events with reference to "hit/misses" on days and weekends as specified in the Parenting plan. Document Date/time/event that she did not fulfill her obligation or agreement within the parenting plan. 2. Check your Divorce Documents/Parenting Plans/ORS with reference to What information must be shared with reference to the children. Some documents make it very specific with reference to : Sharing of Tax information annually, School Calendars, etc. HOWEVER, this goes both ways so be aware of that and proceed with caution. IF...


Q: 

Perjury on official proceedings.

A: Hi Christy, any penalty for perjury is at the discretion of the court and the effect if any upon your Husband"s employment would again be at the discretion of his employer. Perjury in general is usually a very difficult thing to prove and because it is criminal in nature if must be proved beyond a shadow of a doubt and then it must be proved that the perjury itself was material to the matter placed before the court for resolution. Finally, with regard to the Petition itself unless the Petition is a Verified Petition (ie. contains a affidavit attesting to the truthfulness of the statements made within the petition) it is not considered a sworn pleading submitted by your Husband. I hope this information was helpful to you, if it was,...


Q: 

Abuse:Contempt of court: Health Insur & Long distance

A: Tom: DISCLAIMER: I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county. Part Three: Abusive Parent Tough question: Depending on the age of the children will greatly way in on what will be believed: Now you could call CPS and request to have a case open on the file. However, this does not guarantee that CPS will do anything about it. If you do record the date time and what was said as stated before in the logbook I recommended you keep. Now you can hire a Professional Attorney: File a motion for contempt of court as stated: AND file a motion for change of custody AND file a motion to have...


Q: 

Perjury in court

A: Hi Heather, not having full knowledge of the case I can not advise you as to the outcome of your pending appeal. If the perjury is found to have been prejudicial to the outcome of the case then in all likelihood the case will be returned to the trial court for further proceedings. With regard to the perjury itself that will be up to the court and what the court believes should be the appropriate sanction. I hope this information was helpful to you. This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida...


Q: 

Civil Lawsuit Federal court

A: Do you have an attorney or did you file the suit yourself? Sounds like you filed it yourself. Were you turned down for Social Security Disability? If you were turned down, you can then take your case to an attorney and the attorney will do all the paperwork and coordination of medical records and present your case to the Administrative Hearing Officer to win your your benefits. My claim was disapproved for excessive resources. I depleted my assets/resources( April 2006) to the maximum allowed ($2,000) which makes me eligible for SSI benefits. I received my first check in Nov 2007. I contacted 20-25 attorneys for representation. None of the attorneys would take case on contingency I am insolvent/destitute, due to violation of my disability rights I have no resources to retain an attorney I...


 
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