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Recent Domestic Violence questions

Me and My wife separated since Sept 2015, and our daughter

Me and My wife separated since Sept 2015, and our daughter is living with me and I am taking care of her. Now if go to court, is that possible court can give custody to mother. My daughter is 19 months. What are the basis of child custody court can consider?

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FamilyAnswer

Juris Doctor

33,004 satisfied customers
I want to learn more on an order of protection from my soon

My name is***** and I want to learn more on an order of protection from my soon to be ex-wife. For both myself and my 4-year old son Assistant: Thanks. Can you give me any more details about your issue? Customer: She came to the house on Saturday night and became violent with me, she was yelling and screaming at me and threw things at me, striking me in the head and causing an abrasion. She was arrested and spent the night in jail

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FamilyAnswer

Juris Doctor

33,004 satisfied customers
I have just received the decision on my Tennessee child

Hello. I have just received the decision on my Tennessee child dependency and neglect/severe abuse custody case. It was not in my favor. My father and stepmother petitioned for emergency custody almost 2 years ago. The case listed my then wife but now ex wife and I as the respondents. In the decision, the judge grouped as together for the one instance of abuse and the child dependency and neglect. The last 5 months of our 8 year marriage we went through rough times due to her several instances of marital unfaithfulness. She was arrested and convicted for domestic violence against me. Never was there any allegations in trial that I did anything. Yes, I should have left her sooner than I did. My mistake, I only found out about a couple of instances of abuse she did to my 2 children after the fact. Severe abuse was found based upon my wife admitting using meth the first 3 months of pregnancy. They will terminate my parental rights for that because they say that I was aware of her use and did nothing to stop her. 1) I was not with her for those 3 months, she left me for another guy. I was working out of town from where she was even living with the other guy. Even though we weren't dating, I came back for the first 2 prenatal checkups and she tested clean for drug use. She was in jail the last part of those 3 months, after she got out we got back together and I immediately moved her to Tennessee from Los Angeles to get her away from her druggy friends. And yes, I had used drugs on occassion with her before the pregnancy. That was the last time I've used drugs, my job does random drug tests and all have been clean. 2) This happened in California, but the case was in Tennessee. The states have different laws concerning drug use during pregnancy. Which law establishes jurisdiction? 3) This happened almost 10 years ago, my daughter is fine and has zero issues resulting from the meth use. The only instance of drug use since then was from my wife smoking weed in the corner of the yard because she was trying to hide it from me. I've been clean since.I need to appeal the trial and get a de novo trial. Is that a complicated process?I need to separate my ex and I as respondents in this new trial. Is this possible?I need to represent myself. I'm totally drained financially from this and can't afford an attorney. I have tons of evidence that I couldn't afford to pay my current attorney to go through and submit it. He thought he had enough evidence as it was.I live in California, can I hire a para legal to file my appeal. I only have 10 days from the decision date, so 8 days left to my understanding. I know that representing yourself if never a good idea and I don't want to be naive about things, sorry, I'm really between a rock and a hard spot though. Thanks so much for any advice you might have.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,700 satisfied customers
We have temporary shared custody 50/50 with alternated weeks

We have temporary shared custody 50/50 with alternated weeks on and off. It is very hard for our 3 y.o. son who has autism. It is also very hard for us as parents. I have to go for 1 week without seen my son and it really breaks my heart.Lately his behavior changed and he start having more intense tantrums and start showing aggressiveness :( It hasnt been like this when he stayed with me 70% of time.Me and ex have very bad relationship. He wanted to settle 1st and then changed his mind and decided to take it to court. He also had domestic violence and drug abuse.Since we both miss our son we were trying to be flexible with custody schedule- I let ex take our son on my day when his parents were visiting out of town but then he wouldnt give me that day back until the end of the week and I had to go for 7 days without seen our son.Then when it was my custodial week, he asked me if he can see our son for one night of the week. I told him I will let him take our son if he will promise in writing that he will give me one night on his custodial week. He confirmed it on Talking parents and then later said he changed his mind :( I am really shocked. He is impossible to make agreements with :(Now as stated in the order we have to do child exchange at 4pm on Sunday. Since he owes me one night can I take our son for one more night and then drop him off at daycare in the morning? Would it be considered custody order violation?Or can I pick him up from daycare on Wed night next week and have him for 1 week since we agreed to this in writing?

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RobertJDFL

Attorney

Juris Doctorate

13,364 satisfied customers
I was served with California divorce papers in. The

I was served with California divorce papers in Washington. The petitioner indicated in the "Proof of Service of Summons" that a specific document (FL300) was included, which, in fact, it was not included. I want to know what my options are regarding my response and how I indicate to the court that I did not receive this form. I also need help with understanding the process if I am unable to file and serve my response in time, or what my rights & responsibilities are. This case involves children and there is a standing DVPO in Washington against the petitioner.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,700 satisfied customers
Can you please tell me what "No overnights visitation"for

Can you please tell me what "No overnights visitation"for respondent (on an affidavit)?JA: Family law varies by state. What state are you in?Customer: Illinois. It is typed in as a condition from the respondents side, though it says "for the respondent".JA: Have you talked to a lawyer yet?Customer: Can I send you the document? I think there is an error, but I need to find out now.JA: Anything else you want the lawyer to know before I connect you?Customer: no that is it

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,548 satisfied customers
Can my wife evict me from a home we have lived in for the

Can my wife evict me from a home we have lived in for the past 3 years ? I pay bills there and my children and furnishings are in the home. I have done no harm.JA: Family law varies by state. What state are you in?Customer: ohioJA: Have you talked to a lawyer yet?Customer: no. She has not served me with any papers, just asking me to leave. But I feel I have a right to reside thereJA: Anything else you want the lawyer to know before I connect you?Customer: Just what are my rights

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FamilyAnswer

Juris Doctor

33,004 satisfied customers
Assistant: Thanks. Can you give me any more details about

My name is ***** ***** Assistant: Thanks. Can you give me any more details about your issue? Customer: My ex wife had a tpo order against me , had it extended for 3 years. It ended last March and now she is saying I have to go to court for visitation with my 15 y/of son to be legal

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,548 satisfied customers
I'm in CA. Last weekend my husband got drunk and hit and

Hello Pearl. I'm in CA. Last weekend my husband got drunk and hit and wrestled me to the ground through the Christmas tree. I called the police, got a restraining order, and let the situation cool off. This,was,the first time he'd ever done anything like this. I told the detective I did not want to press charges. Now my husband is terrified he will lose his job. What are the chances charges will be brought, and could I restrictive him if I wanted to?JA: You just pay a $5 deposit now and the rest only when you get a reply from the Family Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: How?JA: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?Customer: CA. No charges filed yet to my knowledge.JA: Have you talked to a lawyer yet?Customer: I haven't. The restraining order expires this evening. I know my husband is talking to one via work.JA: Anything else you want the lawyer to know before I connect you?Customer: We're English, here on o1 visas, which means if he loses his job he gets deported.

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ScottyMacEsq

Doctoral Degree

23,738 satisfied customers
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