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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Unfortunately my children have been taken by my wife, I have

Customer Question

Unfortunately my children have been taken by my wife, I have full legal and physical custody but due to a legal loophole the authorities cannot get involved as my wife has not been served and she is in hiding. I have managed to subpoena a person to who
is a very good friend of my wife and it is our belief that she knows where my wife is. My wife use to live with them yet he lied to a Nevada Sheriffs Deputy who went to his house to try and serve my wife saying that he does not know her and has never heard
of her. Unfortunately I am now representing myself as I have limited resources but since I have subpoenaed his wife I would like some help please with exactly what questions I should as so that I can locate my family. This person has avoided talking to the
police and the courts at all costs but I have finally served her and we know that she knows where my wife is, My current questions are below, are these ok are there any that I should add or remove please, I have changed names and dates with xxxxx Do you know
xxxxxx? Do you know the whereabouts of xxxxxx, xxxxxx and xxxxxx? xxxxxx why did you tell Detective xxxxxxthat you would rather not get involved when asked about the bruises on xxxxxx on the xxxxxx Do you know if your husband has you ever had sexual relations
with xxxxxx Do you who caused the bruises on xxxxxxon the xxxxxx Do you know who the Father of xxxxxx’s youngest child is who was born in xxxxxx Why did xxxxxxtell a Deputy from the Las Vegas Sheriff's Deputy that he did not know and has not heard of xxxxxx
at the end of July? What did the Deputy ask you about xxxxxx and what was your reply? When you were served why did you automatically put your hands into a defensive gesture and state you can talk to my lawyer, why would you do that if you have done nothing
wrong In February you had a notification requesting you to attend a court hearing in this court why did you choose to ignore this letter? Are these ok, should I add, reword, or remove some please as I just want to find my children, if you have any questions
please ask them and I will answer as fast as I can to give you more information
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here with an answer.

In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. These questions that you have set out---who do you intend to ask them of and in what setting? A deposition?

Thanks in advance,

Doug

Customer: replied 1 year ago.
I will be asking them myself to a lady who is a good friend of my wife and my wife use to live with them. I requested an order shortening time which goes in front of the Judge of Friday but the judge also gave permission to subpoena this person as my wife has not shown up to court in over 12 months.The judge is really annoyed with my wife ad would really like the children found. My wife has had another child since we have been separated and it is our belief that the person that i have subpoenaed the the father of the child is her husband.I hope that this helps
Expert:  LawTalk replied 1 year ago.

Good afternoon,

Are you asking the questions in a Deposition that you have noticed, or have you subpoenaed this woman to a court hearing, or?

Do please, strongly consider the phone call because you have a number of questions that do not appear to be relevant, and I cannot go question by question over the next 2-3 hours with you----but over the phone where we can talk 10 times faster than we can communicate here in the thread, assisting you fully is possible.

Doug

Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

The notice period is found in Florida statutes 83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and
(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.It would be not less than 15 days prior to the end of the period. So if she pays at the beginning of the month, that means that you have

So in short, you have to give at least 15 days notice prior to the end of the monthly period. Again, assuming that the monthly period ends at the end of the month, the notice will have to be for the end of next month

Here's such a notice: http://www.evictus.com/sitebuildercontent/sitebuilderfiles/15days2015.pdf

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  LawTalk replied 1 year ago.

Please ignore the accidental posting by another professional. It is clear their post was intended for a different customer entirely.

Are you asking these questions in a Deposition that you have noticed, or have you subpoenaed this woman to a court hearing of some sort, or?

Do please, strongly consider the phone call because you have a number of questions that do not appear to be relevant, and I cannot go question by question over the next 2-3 hours with you----but over the phone where we can talk 10 times faster than we can communicate here in the thread, assisting you fully is possible.

Doug

Customer: replied 1 year ago.
Originally it was suppose to be our divorce trial date but it is now a order shortening hearing so that I could extend the divorce date.
I was really hoping for written questions that I could take with me, if I use the phone call to explain everything are you able to still send me questions that i can use etc so that I have them written down?
Expert:  LawTalk replied 1 year ago.

Hi,

I am not allowed to prepare questions for your use in a court proceeding. Doing so would make me your attorney.

I am willing to discuss with you the nature of the questions that you will want to ask about, and I am willing to discuss each question that you have posed in this thread in a phone conversation, but I will not prepare a direct examination for you---I am sorry.

Doug

Customer: replied 1 year ago.
After we talk can you send me multiple examples, I do not want you to prepare my examination for me, but I need to know that I am asking the right type of questions and how to word them, I need to know that I am on the right track.
Expert:  LawTalk replied 1 year ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

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