How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88819
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I have previously been represented by an attorney for my custodial/visitation

Customer Question

I have previously been represented by an attorney for my custodial/visitation case with my sons father. We have already gone thru mediation and have court ordered partial judgment on visitation schedule. I have opted to let go of my attorney due to costs. I have a couple changes to make on our judgment. I have made a declaration. The father is a very difficult persona and has made my life very difficult and cant trust anything he says. I am in fear that since I dont have an attorney he will try to change the visitation partial judgment. We have a court appearance november 11th to follow up with the judge on submission of the judgment. He has also let go of his attorney. What are the chances the judge will change orders? Also I dont know what to bring to the court. Do they already have filed everything regarding our case thus far? All my copies have my attorneys name on them and she is no longer representing me. Am I able just to file my declaration at the court without a copy of the judgment? Will I be looked down upon by the judge that I have chosen to represent myself?

The father is uncooperative and is always asking for longer visitation with no notice which against court orders. If I dont agree with him he gets verbally abusive with me. Should I include this on my declaration? I am also requesting to swap weekends with father to accomodate my work schedule. The faher had agreed to change outside of court and than this past weekend refused to do it and didnt show up to pick up our son on saturday whcih was the weekend we planned to switch, than demanding eight hrs with our son the following day but it didnt work with my schedule and the court only gave him four hrs on weekends and thats what I planned around being it was halloween weekend. when i said no he called me a selfish bitch ande refused to see him at all and refused to swithc weekends which was agreed upon. Do I include this in my declartion to the court?Also do I need to include a background of our situatution in the declaration even though orders have been filed already on partial judgment?

I believe you dont have my emailXXX@XXXXXX.XXX
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
For minor adjustments to the visitation schedule (like changing weekends to accommodate work schedules when that change would not cause conflict with the other parent) the courts expected the parents to resolve that without the court, but if they cannot the court will usually allow for and make those changes. As far as changes to major issues in the order, the court will not make changes on those unless the party requesting the change can prove there has been a significant change in circumstances since that order was granted such that a change would be warranted.

You would need to attach a copy of the order to your declaration so that the court would know what you are talking about in your declaration. If you have made good faith efforts to negotiate these changes without the court's intervention and the other party refused to negotiate or agreed to one thing and did the opposite, then you can point those things out in the declaration, but avoid just making blanket accusations that the other parent is a liar or unreasonable or untrustworthy, you show those things by the actual facts of what has occurred.

The courts are not thrilled with pro se litigants because they see them as wasting the court's time in that they rarely are familiar with the court rules, the rules or procedure and the rules of evidence. But when a pro se litigant comes in and they have familiarized themselves with all the rules and laws, the courts do not treat them any different than any other licensed attorney.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

YOU CAN ALSO GO TO http://www.justanswer.com/lp/19qy-PaulMJD and request me.

Customer: replied 3 years ago.

 

So I just talked with the father and he is going to turn in a declaration requesting more hrs with our son. He now gets four hrs from 1130-330 everyday except thursday. He wants six hours from 1030-430 this leaves me theree hours with our son before he is in bed for the nite. Do you advise I have an attorney to represent me? If I go to the court will they have an attorney that could represent me for cheaper?

 

I am unfamiliar with the exact laws and I am very nervous. So being our appearance is thursday, if I go down to the court today with my declaration to file and copy of the orders I should be okay?

Expert:  Law Educator, Esq. replied 3 years ago.
It is always best in these cases to be represented by an attorney, especially when you are not familiar with the procedures and laws involved with your case. Unfortunately, the legal system in the US fails in these cases as there is no obligation for the court to provide low cost or free counsel. The best you can do in that regard is go to legal aid and also call the state bar about pro bono attorneys to represent you if you can prove you are not able to afford an attorney for representation, but there is no guarantee on whether or not you would obtain low cost or free counsel as free counsel is only guaranteed in criminal cases.
Customer: replied 3 years ago.

What is the procedure at this court appearance, being that they already established orders. What does it mean by partial judgment?

Expert:  Law Educator, Esq. replied 3 years ago.
The court will hear evidence on his motion for the amendments to the order. A partial order is one where the court has not decided all issues in the case and that means that there are still issues that the court needs to issue orders on.
Customer: replied 3 years ago.
I see...so being before the judge will he ask me if I agree? If I dont will we be sent back to mediation? How do I respond to amenments to the order? So the orders we have no are not set, and was more like a trial run?
Expert:  Law Educator, Esq. replied 3 years ago.
If your ex submits a declaration, you need to submit one objecting to his request and citing how his request is not in the best interests of the child. If the court believes mediation would work to resolve the issue, then they would order you back to mediation, but if it does not appear as though further mediation will work, the court will just decide to make the determination.

No, temporary orders would mean they are not permanent. Partial orders means they are just orders on some of the matters in dispute, but there are more matters in dispute the court still needs to rule upon.
Customer: replied 3 years ago.
My ex has told me he is going to make a declaration the day before court asking for longer visitation. I have not seen it yet....so in my declaration do I just explain that he has shared this with me vverbally and the reasons why I think it is not in the best interest of the child?
Expert:  Law Educator, Esq. replied 3 years ago.
You need to just have your declaration objecting to his asking for more time ready to file when you walk into court and you would object to his filing the declaration and not serving you with a copy within 5 days of the hearing to give you the proper opportunity to object. This is another reason you should strongly consider an attorney because it would help you to stop him from doing things at trial "by ambush" meaning at the last minute without giving you copies and a chance to respond.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney