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 LADY LAWYER Your Own Question

LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience:  Family Law Attorney
7887522
Type Your Family Law Question Here...
LADY LAWYER is online now
A new question is answered every 9 seconds

I have a settlement conference on Thursday. My ex asked for

Resolved Question:

I have a settlement conference on Thursday. My ex asked for 50/50% custoday and that a mediation report from Dec 2012 be adopted. My argument is to keep the current plan that has been in place since Aug 11 (73/27%) for 3 reasons. 1) He has not met the burden of proof, 2) mediation overlooked items which they confirmed in a memo & 3) the report should be invalidated based on contradiction to to the 2013 Calif Rules of Court, rule 5.210 that calls for suspension or discontinuance of mediation if allegations of child abuse or neglect are made until a designated agency performs an investigation & reports a case determination to the mediator. (I have an open CPS case). Ex's told me his lawyer said there are circumstances when this would not apply. Is he correct? I thought the law was the statute. The mediator Supervisor I spoke to seemed to agree with me. Please advise.
Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

Hello,


Thanks for choosing Justanswer.com! I look forward to helping you today.

So there was no agreement reach in the December 2012 mediation and mediation is still ongoing?

Customer: replied 1 year ago.
Mediation made a recommendation while there was and still is an open CPS case. My basis for invalidating the report. There was a hearing date in Feb that was changed to a settlement conf 3/21 and long cause trial 3/28. Mediation is not still going on.
Expert:  LADY LAWYER replied 1 year ago.

Hello again, Melissa, and thank you.

The Rule you are referring to says that:

"All court-connected mediation processes must be conducted in accordance with state law and include:

(6) Suspension or discontinuance of mediation if allegations of child abuse or neglect are made until a designated agency performs an investigation and reports a case determination to the mediator;"

Your ex husband is incorrect, or his attorney is incorrect, if either one of them suggested that it was proper for the mediator not to suspend or discontinue mediation unless and until a designated agency investigated and reported back to the mediator. If that did not happen, then you can have the report invalidated. The other reasons for invalidation you proffered will just go to strengthen your argument.

Thanks for being such a highly-valued customer here. If you have any further questions about this at all, please just let me know. Thanks!

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
LADY LAWYER and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I have another question about the conference if you are available now.
Expert:  LADY LAWYER replied 1 year ago.
Sure! Happy to help.
Customer: replied 1 year ago.
I prepared a very detailed response to Petitioner's motion and a statement of issues & contentions. With full exhibits. Other than these items and an outline of some minor changes I want in the holiday schedule what else should I bring to the conference? He claimed I wasnt giving him enough extra time outside the court orders which Im not required to do but I have been flexible. Do I need to bring that documentation as well?
Expert:  LADY LAWYER replied 1 year ago.
I am not sure what all your exhibits are, but you need everything regarding the child abuse allegations, including all correspondence with CPS and any personal evidence you may have against him. You also want everything you have from the Mediator, including the copy of the memo you mentioned earlier, and you will also want a copy of the Rule we have been discussing with the relevant portion highlighted as the judge may want to see it. And yes, bring anything that may help your position in case he tries to bring up an argument you may be anticipating like the sharing time.
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
LADY LAWYER and 5 other Family Law Specialists are ready to help you
Expert:  LADY LAWYER replied 1 year ago.
Hi,

Did you have any further questions at this time? If so please let me know! If not, even if you go ahead and rate my service, I would invite you to come back to this question and ask additional questions in the future-no further charge. Thanks Melissa!
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX I do have more questions but I noticed you were off-line. Maybe next time. Thanks, again.

Expert:  LADY LAWYER replied 1 year ago.
Sure! Just leave your follow ups any time as I do check the site several times a day for replies. Thanks, Melissa!

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