Join the 9 million people who found a smarter way to get Expert help
Recent family law questions
There is a Resolution Management Conference set and
There is a Resolution Management Conference set for today and I, the petitioner, have just faxed an Expedited Motion to continue because I had an injury from an accident to my neck. Would it be likely the judge would continue it? It has been impossible to do the necessary paperwork etc. due to extreme pain & headaches.I am also living out of state and can not be physically present, should I call at the time set for the conference & will I be able to talk with the judge telephonically?
Socrateaser only please...Hello...The ex wrote for his resolution statement to the judge for our non evidentiary hearing coming up that:The original sole custody agreement was signed under pressure from me, without legal counsel present and in a language not fluently spoken by ex. Ex now wants to make joint decisions on matters involving the child and feels it is in the best interest of the child to have consistent and reasonable time with ex.The truth is that he agreed to come to my lawyers office 3 years ago and did not say he was interested in anything more than once a week visitation of our child. My lawyer carefully asked him and he signed that he fully understood the sole custody was given to me and his visitation schedule. He has been in this country for 20 years, speaks english fine and worked at english speaking jobs and did not request a lawyer or ask for an interpreter. English is the only language we spoke at home and that our child knows.How could a judge look at that argument. I hope he does not get away with this nonsense. He is really vindictive. Does he have a strong enough argument to win that one and cause a judge to change the custody agreement?In order for the custody to be changed there has to be a significant change in circumstance. Did he find and angle that will get it changed?He never followed that visitation schedule and would barely here and there ask to meet up with our child. He even stood the child up before. He dropped out of the child's life for 9 months now with no calls or birthday and holiday acknowledgements. Just gone. Still no contact after the petition was filed.I hope that the judge would not think that going from no visits due to his lack of effort to more visits would really be in the best interest of the child as he declares.One week after I notify child enforcement that he owes over $7,500 of arrears, he gets mad and files a petition requesting joint custody and lots of visitation, sleep overs, holidays and part of summer.My child does not want to have any more visitation and can't stand him and does not feel safe with him but at age 8, I don't think the kid's opinion will count. I wish some how it did because ex has caused alot of harm to my child who suffered from major mental illness and has been hospitalized and on meds and in therapy.I just don't have lawyer monies to fight that battle so I wanted to just stick to the original decree agreement and leave things unchanged to keep my kid safe. If I go for no visitation ever that may backfire and be costly.When I get to claim the child for federal dependency exemption every other year on odd numbered years. what does that mean? The year I do my taxes is 2015 but its for taxes in 2014. So which year do I go by?From your experience, I would like to read some of your thoughts about this family law issue.
I filed a petition to modify child support and parenting time
I filed a petition to modify child support and parenting time in Oct 2013. Even if parenting time is not modified, the child support will be changing by 65%, due to my ex-wife starting a new job. At the resolution management conference in Feb, the judge said that child support would be changing, but we needed to come to an agreement about the parenting plan before she could make a determination on the new child support amount. We have a mediation hearing tomorrow to see if we can resolve the parenting plan, and if we can't, we have an evidentiary hearing in August to have the judge decide for us.My ex-wife and I have been talking, and I think we have come to an agreement on the parenting plan, but we disagree on when the change in child support should take place. The new plan that we agree on does not change the number of days per year that I have the kids, but changes the days of the week, so I get more continuous time with them. I think the child support change should take effect the first of November 2013, after she was served the petition. She thinks it should be from this point going forward. My ex-wife asked and was granted a continuance for the February hearing, so she could go on a trip that she had planned.So, I guess my question is: If the mediator submits our agreed upon parenting plan to the judge, can I submit my reasons for why I think the child support should be applied to Nov 2013, instead of the current date? In past hearings, the judge does not seem to read through the papers very well, and I would like to present my reasons.Thanks.
We have filed all the documents and my son attended the PIP
We have filed all the documents and my son attended the PIP class. The last doc filed was a default. I saw on the case online that a Resolution Management Conference is set? The Mother has not responded or attended the ordered class. She refuses to let us talk to my granddaughter and will not return to the state of AZ. I know she will not agree to anything. What do I need to expect from this conference the court has set up?
Counselor at Law
We have a Resolution Management Conference
Deposition TranscriptWe have a Resolution Management Conference next Monday and just now received a copy of a deposition that was held at the end of February. The disclosure deadline for the RMC has past - however it was my understanding that the deposition was testimony and part of the court record; so did not need to be disclosed. The RMC is not a regular hearing, but we may need to rebut things that the oppusing party is saying with deposition.Can we use the testimony at the deposition (evidence by the transcript) at the RMC? Is there a rule or something about this?
How to proceed regarding grandparent visitation case...
How to proceed regarding grandparent visitation case... My children's father's parents served a petition on me for visitation, but no summons. I responded to their petition in the negative. Then I filed a Motion to Dismiss mostly based on the fact that visitation has never ceased, and the grandmother is power driven because she doesn't like my parenting. I also included the fact that she did not serve the summons.I received a letter from the court stating that my request was received, but would be addressed at our Resolution Management Conference next Monday.From what I'm reading now, I should have requested case dismissal before filing a response. However, I see that a request for dismissal can always be made regarding insufficiency of service of process.It appears that the grandparents are now trying to correct their error regarding the summons because a process server is tracking me down. They filed Dec. 28, so the statue of limitations won't run out until next month.I'm wondering:1. Should I do everything possible to avoid being served the Summons to hopefully get the case dismissed regarding insufficiency of service of process, or does it even matter?2. Do judges ever dismiss cases at Resolution Management Conferences? Especially since I filed my request for dismissal after already filing a response?3. What should I expect at the Resolution Management Conference?
Counselor at Law
ive sent in a early rsolution packet to eveyone i needed to.
ive sent in a early rsolution packet to eveyone i needed to. the father got a lawyer last minute and had her vacate that conference now it is set 4 a different conference with the judge present. Do i need resend a resolution packet to court and his lawyer? Or do they use the early resolution one since they both a conference
Criminal Defense Attorney
My question is this, My daughter sent her response for early
My question is this, My daughter sent her response for early resolution conference to the court already in a child custody case. Since she sent it to the court her boyfriend has since filed a motion to vacate this conference. She received a court paper today that is for resolution management. The one she got was from her boyfriends lawyer. Since she turned in her statement already does she need to write another one for this resolution management?
I was recently given temporary visitation of my son pendingView more family law questions
I was recently given temporary visitation of my son pending the custody trial. The mother had been keeping my son from me for 2-1/2 months. The order has been in affect for only a week. She is now asking me to give up my Wednesday visit so that she can take my son to California with her new boyfriend. She would not even allow me to take him to Disneyland with my parents for 3 days. She has lied to the court and refuses any reasonable custody and visitation arrangement. The judge repermanded her for this during out resolution management conference. What I want to know is can she legally take him out of state pending our custody trial. I couple of mutual friends said she made statements she was trying to leave for California permenantly and because she has been deceiptful in the past I don't trust her.