Does a dissenting opinion in an appellate case hold any
Does a dissenting opinion in an appellate case hold any merit if it conflicts with the prior majority analysis of other courts?For example Stepp v. Stepp 1988 was a milestone case for the shared parental responsibility law being applied to unwed parents just as it would married parents, stating that there be no need for the unwed father to find the mother unfit.Turn now to Bainbridge v. Pratt 2011, which the dissenting opinion would seem to turn prior decisions on its head and add the substantial change test, which is similar to the finding of unfitness, to initial determinations for custody.Which opinion controls what tests are applied to initial custody determinations when you still have laws like 744.301 and 742.031 that grants sole custodial rights to the unwed mother?
My ex husband has filed a motion to modify parenting time.
My ex husband has filed a motion to modify parenting time. In his motion he is alleging child endangerment based on a DUI my current husband received last year with my daughter in the car. My ex husband has known about this DUI since March of last year, but just recently filed for custody because we could not agree on an out-of-state spring break visitation. I have had the majority parenting time for several years, is this different from custody? What is a reasonable out-of-state parenting plan? My ex is requesting that she travel from Colorado to Arizona every MLK day weekend, every presidents day weekend, every spring break, all summer (minus 3 days prior and one week towards the end), a 3 day weekend in April and October, Every Thanksgiving, Labor day weekend and he wants half her winter break every year. I'm loosing sleep over the endangerment allegations and I cannot afford an attorney. I also have a question about if he has a witness for the case if I will receive notice prior to the hearing or will he be able to bring anyone into court on the day of the hearing and I won't have time to prepare?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: Jefferson County Colorado and he filed form Maricopa County in Arizona. All proceedings will happen in Jefferson County COJA: Have you talked to a lawyer yet?Customer: I've spoken with several lawyers.JA: Anything else you want the lawyer to know before I connect you?Customer: There are some other details but it's a lot to type.
A girl is pregnant with my child. She has given permission
a girl is pregnant with my child. She has given permission for me not to have any financial or parental responsibility. I don't believe her so I had her sign a document I typed agreeing to the terms. If she were to change her mind would my document hold up in court?
My son recently came into some lawsuit money his mom died
My son recently came into some lawsuit money his mom died after he was born I asked the lawyer could I use the money to purchase a house he said that it was most likely the judge would deny it because it's a parents responsiblity to shelter a child. Then later said that the house wouldn't be strictly used for my son but other family members I believe he was referring to my wife and daughter which is my sons sister. Should I continue to follow through and asked for the house or get a new lawyer? JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: Louis JA: Has anything been filed or reported? Customer: Lou JA: Anything else you want the lawyer to know before I connect you? Customer: Also Also I needed to know how do I find a new structure settlement advisor? The lawyer referred me to one but she's trying to tell me the same thing as the lawyer which I know this can't be true. The judge would deny giving a child a stable living environment. Keep saying it's the parent responsibility which I feel his mother is providing a safe and stable home for him.
To LegalGems: thank you. I've also heard from mixed info on
To LegalGems: thank you. I've also heard from mixed info on custody - the guide you linked me to says custody normally goes to one parent with visitation rights for the other, but I've heard elsewhere courts prefer joint custody. What do you think? Is GA different in this regard? I want to keep everything as same as possible for the kids and that would mean me having full physical custody and sharing legal custody (I think), if I have the terms right, and him having them a couple afternoons a week (visitation?). What do you think is reasonable to ask for? please let me know if I should start a new ticket for this question. Thanks.
I am representing myself and visitation mediation is only a
I am representing myself and visitation mediation is only a few weeks away. The plaintiff's lawyer is using Scare Tactics already. Both sides are far from agreement on shared custody.What pointers can you give me for mediation?The plaintiffs lawyer already told me if I don't participate in mediation she will file against me they already have my offer and declined it do I have to settle for just anything or can I decline and let it go to trial? I do plan on going to mediation and participating but I don't want to settle just for nothing I feel that it's important that I get 50/50 parenting responsibilities not just financial responsibilities
I have a friend who came into this country and was living
I have a friend who came into this country and was living with her boyfriend. They were together for almost 2 years. She got pregnant and just had a baby boy 2 months ago. She just found out he was cheating on her with someone at work AND that his previous marriage was not terminated until 3 weeks ago. She left him. She moved in with me with the baby. She is not married to him. She is in the process with immigration in getting her papers fixed. My questions are, is there a way I can "adopt" my friend who is 31 years old or be her sponsor so nothing happens to her by her ex-boyfriend? Can I file either adoption or custody papers to have either all or part custody of the baby so there is no threat of him taking the baby away from her. He is threatening her to call the police to get the baby away from her and file false accusations against her.