Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am seeking to modify a parenting plan. The most recent…

I am seeking to modify...
I am seeking to modify a parenting plan. The most recent stipulation through mediation in January 2017 became a court order in April 2017 after it was filed. In it father and I have joint legal
And joint physical custody. It further specifies that the father has primary physical custody and primaryresudence. However the father fulfil his timeshare due to his work responsibilities.I am seeking a 50/50 parenting plan and to remove a clause that the father can have unlimited makeup time for parenting time lost dad due to the work and replace it with an extra week's vacation in the summer.Does Montenegro apply here? Do I need to prove change of circumstances or does the best interest standard apply because I am seeking to modify the schedule and not the custody? Does the term "primary physical custody" matter here?
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 8 months ago
The father did not fulfill his time share. The minor child was in my de facto custody more than 50% of the time.
Customer reply replied 8 months ago
I was hospitalized for a manic episode in October 2016. The father wants to use this against me.
Customer reply replied 8 months ago
I am in treatment under a psychiatrist and taking medication. My doctor's do not think I am bipolar. But that was the original diagnosis
Customer reply replied 8 months ago
How can that hurt my case
Answered in 2 hours by:
12/14/2017
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,924
Experience: Experienced Family Law Attorney
Verified
What state is this in regards ***** *****?
Ask Your Own Family Law Question
Customer reply replied 8 months ago
California

Thank you; a few minutes please.

Ask Your Own Family Law Question

Fortunately mental illness in and of itself does not negatively affect child custody issues; rather as with all child custody issues the court will look to the best interests of the child. The statutory factors the court will consider are listed below with commentary to follow:

3011.

In making a determination of the best interest of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant, consider all of the following:

(a) The health, safety, and welfare of the child.

(b) Any history of abuse by one parent or any other person seeking custody against any of the following:

(1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary.

(2) The other parent.

(3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.

As a prerequisite to considering allegations of abuse, the court may require substantial independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this subdivision, “abuse against a child” means “child abuse” as defined in Section 11165.6 of the Penal Code and abuse against any of the other persons described in paragraph (2) or (3) means “abuse” as defined in Section 6203 of this code.

(c) The nature and amount of contact with both parents, except as provided in Section 3046.

(d) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services. As used in this subdivision, “controlled substances” has the same meaning as defined in the California Uniform Controlled Substances Act, Division 10 (commencing with Section 11000) of the Health and Safety Code.

(e) (1) Where allegations about a parent pursuant to subdivision (b) or (d) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody to that parent, the court shall state its reasons in writing or on the record. In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (b) of Section 6323.

(2) The provisions of this subdivision shall not apply if the parties stipulate in writing or on the record regarding custody or visitation.

(Amended by Stats. 2012, Ch. 258, Sec. 1. Effective January 1, 2013.)

------

So essentially if a parent is alleging that the other parent is unable to care for the child due to mental illness the court may order what is called a 730 evaluation to evaluate the parent's situation (this can be orderd for both parents)

please see:

http://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_220

There are extreme cases under Family Code 7827 where parental rights can be denied due to mental health issues but htis requires the court to determine the parent is mentally disabled and is unable to care for and control the child. This is very extreme.

Normally if a parent is unable to properly supervise a child, the court will order supervised visitation.
But as to the original question, if the mental illness does not affect one's ability to parent and the parent indicates they are following medical orders (re: therapy, prescriptions, etc) then the court will look to the child's best interests.

The court will first look to see if there is the requisite substantial change of circumstances (since stability is preferred the court prefers status quo unless change in circumstances exists) and then will look to see if the proposed alteration advances the child's best interests.

Please see:

http://www.courts.ca.gov/1187.htm

Age alone (since the child's age has different considerations/requirements/needs) can be considered a change in circumstances; as well as a parent not exercising their parenting time.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
Do I need to show change of circumstances? The stipulation awards us both joint legal and joint physical custody. I am not seeking to change that.
Customer reply replied 8 months ago
The stipulation says he has primary physical custody. Am I correct in thinking that this is not a legal term.
Customer reply replied 8 months ago
How does Montenegro apply here?

If there is joint physical custody, usually the children spend a little more time with 1 parent than the other because it is too hard to split the time exactly in half. When 1 parent has the child more than half of the time, then that parent is sometimes called the “primary custodial parent.” It is also referred to as primary physical custody.

Ask Your Own Family Law Question

And change of circumstances is required to for the court to make any modification; so for example if it is currently 50/50 and the parent is trying to increase their physical custody then that would require a change in circumstances.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
Is this something I need to show substantial change in circumstances to change?
Customer reply replied 8 months ago
Does it matter that the father did not actually fulfill his custody? What I am asking is not a change to the status quo but to have the papers reflect the de facto status quo which is 50/50

If they are only trying to change parenting time (visitation) then Enrique M v Angelina V applies and the court will look to the best interests of the child.

If a more comprehensive overview is done (changing custody- so for example, changing from sole to joint- those terms are explained here:

Ask Your Own Family Law Question

http://www.courts.ca.gov/17975.htm

Ask Your Own Family Law Question
Customer reply replied 8 months ago
I am not changing from sole to joint physical or joint legal
Customer reply replied 8 months ago
I have joint physical and joint legal
Customer reply replied 8 months ago
That remains the same.

So the father is not attempting to seek to change custody?

Ask Your Own Family Law Question
Customer reply replied 8 months ago
I want to change a makeup clause that allows the father to have makeup time for time he misses due to work.
Customer reply replied 8 months ago
I am.
Customer reply replied 8 months ago
But I am not changing custody per se as we already have joint legal and physical

Then the case cited (enrique) applies and change in circumstances are not applicable; a 730 would likely not be ordered if it is just a minor modification.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
I am asking for more parenting time. That a weekly afternoon visitation becomes an overnight
Customer reply replied 8 months ago
to clarify, the fact that the stipulation says the father has "primary physical custody" does not mean that Montenegro applies?
Customer reply replied 8 months ago
Enrique applies because it is a minor modification?
Customer reply replied 8 months ago
As it is written now we split weekends and holidays equally. I have one overnight and one visitation a week.
Customer reply replied 8 months ago
Basically all I am asking for is for that weekly visitation to become an overnight
Customer reply replied 8 months ago
I want the free and unfettered makeup clause removed because it prevents stability for our minor child

Yes, so that would be a visitation issue versus a change from for example sole to joint custody and per Enrique:

On appeal, Enrique contends that he was not required to demonstrate a change of circumstances because he did not seek to modify custody of X. We hold that the standard of proof a parent sharing joint custody must meet to effect a change in parenting time is the best interest of the child, not changed circumstances. https://scholar.google.com/scholar_case?case=2327255990702823119&q=enrique+m+v+angelina+v&hl=en&as_sdt=40006

so the best interests of the child would govern without a change in circumstances being required.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
Montenegro does not apply here, Enrique does. The term " primary physical custody" which is awarded to the father is not germane?
Customer reply replied 8 months ago
Sore I am repeating questions. I want I make sure I understand correctly.

Primary physical custody is not commonly used

Please see:

http://www.courts.ca.gov/18234.htm

"Generally, a parent who has a permanent order for sole physical custody (also called “primary physical custody”)"

So if a parent is modifying actual custody (from joint to sole or sole to joint) then one would need to show a change in circumstances; if one is merely requesting modification of visitation (ie an extra afternoon) then a change in circumstances is not required.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
What about an extra overnight? Replacing a visitation with an overnight? This is what I am requesting. The father objects.

This case may help explain:

In recognition of this policy concern, we have articulated a variation on the best interest standard, known as the changed circumstance rule, that the trial court must apply when a parent seeks modification of a final judicial custody determination. (Montenegro, supra, 26 Cal.4th at p. 256, 109 Cal.Rptr.2d 575, 27 P.3d 289, relying on Burchard v. Garay (1986) 42 Cal.3d 531, 535, 229 Cal.Rptr. 800, 724 P.2d 486.) Under the changed circumstance rule, custody modification is appropriate only if the parent seeking modification demonstrates "a significant change of circumstances" indicating that a different custody arrangement would be in the child's best interest. (Ibid.) Not only does this serve to protect the weighty interest in stable custody arrangements, but it also fosters judicial economy. (Ibid.)[4]

The Family Code contemplates that, in making a custody determination, consideration of the best interest of the child may lead the trial court to award custody either to both parents (joint or shared custody) or to only one parent (sole custody). If a parent is awarded "sole legal custody," that means the parent "shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." (§ 3006.) If a parent is awarded "sole physical custody," that means the child "shall reside with and be under the supervision" of the custodial parent, "subject to the power of the court to order visitation" for the noncustodial parent. (§ 3007.)

https://scholar.google.com/scholar_case?case=6590025258992342504&q=montenegro+child+custody&hl=en&as_sdt=4,5

Brown v Brown.

So unless a party is requesting modification of a final custody order (a change from sole to joint and vice versa for example) then a change of circumstances is not required.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
The order reads: "Parents to Share Joint and Legal Custody of the Child. Father to have primary physical custody and Primary residence.
Customer reply replied 8 months ago
Which applies:
1) Enrique- best interests of the child
2) Montenegro- change of circumstances

If you review the family code that term is not used; please see family code 3003, 3004, 3006, 3007

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3007.&lawCode=FAM

so one may seek a clarification from the court asking which the court intends (often times primary physical custody is used in settlement agreements and then incorporated into an order).

Normally it refers to sole physical custody to one parent with the other parent having visitation.

So unless one is requesting a change in the definitions of a final order per the legal terms as identified in the statute, Montenegro does not apply.

I hope this helps.

When there is confusion on the terminology in the original order often the submitting attorney will prepare a trial brief detailing the issues and citing case law in support of.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
I am pro per. Should I submit a brief on this prior to the court date which is in 6 weeks?
Customer reply replied 8 months ago
Is the term "primary physical custody" going to make the burden of proof for me "change of circumstances?"

It depends on what the court determines was intended by primary physical custody since that term is not defined.

If there are changed circumstances it is possible to plea those in the alternative and request a modification of a final custody order based on the changed circumstances and, alternatively, plea for a change in visitation which does not require a change in circumstances. Simultaneously one may request the court to clarify as to which family code applies to the parties situations (FC 3003-3007)

Ask Your Own Family Law Question
Customer reply replied 8 months ago
first I am going to have to prove that "primary physical custody" is irrelevant.

Not that it is irrelevant rather that it is not defined in the family code and to request clarification of what the court intended.

Ask Your Own Family Law Question

So for example one can plead for one situation (change in final order of legal custody per Montenegro) or in the alternative plead for a change of visitation which only requires a best interest of the child analysis per Enrique.

So in the first argument one would set forth the changed circumstances; in the second it would not be required.

That would cover both issues but it is important to seek clarification of any terms that are not defined in the family code.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
the father may have a case. He can say: She is trying to change "primary physical custody"--hence Montenegro/Change of Circumstances Standard.

If they argue that primary physical custody is sole physical pursuant to 3007 that is correct.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
I'd rather have this in writing. No need for a live call.
Customer reply replied 8 months ago
The order says" Parents to joint physical and legal custody of the child. Father to have primary custody and primary residence."Since:
a) The order stipulates joint physical and legal custody
-and--
b) "primary custody is not a legal termTherefore as long as I do not seek to change joint physical and legal custody I am in the clear. Can OP council argue I am because an equal schedule changes "primary physical custody"

As long as the custody (joint physical and joint legal) is not being altered then that is correct.

yes, they can argue that an equal schedule changes primary physical but they would need to persuade the judge as to that and cite relevant case law.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
My position: Enrique. Best interests of the child. No change in custody as we both have joint legal and physical custody.
His (likely) position: Montenegro. Change of circumstances because she is seeking to change "primary physical custody".Is there any relevant case law? Does the fact that both were listed and the fact that "primary physical custody" is not a legal term sway this in my favor?
Customer reply replied 8 months ago
Before the trial, do I need to file a brief with the court arguing this, or do I just say it in the trial? If I have more evidence than what I included in the RFO do I need to submit it to the court 10 court days in advance of the hearing?

I'm sorry but researching case law is really beyond the scope of this site; I included the other cases as a courtesy.

Normally a brief is presented which sets forth relevant case law and distinguishes from contrary case law. This takes hundreds if not thousands of dollars if an attorney does this due to the complexity and time not to mention the fees of the subscription research sites.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
Do I need to file a brief addressing this issue? I submitted an RFO. Our court date is in six weeks.

A brief is not required unless ordered, but is often used ; please see:

http://www.courts.ca.gov/partners/documents/prep_famlaw_trial_brief.pdf

If you have further questions can you kindly post them in a new thread after rating this? We have greatly exceeded the scope of the initial question and per the site rules I am only permitted to address one question per page.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,924
Experience: Experienced Family Law Attorney
Verified
LegalGems and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
What arguments should I make before a change to change a makeup clause in my parenting plan that allows my ex to "bank" time and make it up inhibiting stability for our daughter.

Would you mind posting a new question since per the site rules I am limited to responding to one topic per question and this is beyond the scope of the original question?
If you would like you can request me by putting to legal gems in front of the question and I will do my best to get you the information. Thank you!

Ask Your Own Family Law Question
Customer reply replied 8 months ago
Ok.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,924
13,924 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I have a question regarding a child custody/support case in
Hello there, I have a question regarding a child custody/support case in Nevada. … read more
LegalGems
LegalGems
Lawyer
Juris Doctorate
13,924 satisfied customers
Is the term primary care giver a legal term? I was under the
Is the term primary care giver a legal term?I was under the impression that the rule was there is no such a thing as a primary care giver regarding custody.Is there a ruling that does not allow that t… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in Kentucky I took care of infant it started at 3
I live in Kentucky I took care of infant it started at 3 month and lasted until she was 1 year old so became attached. me and grandmother who has custody now had argument. Not allowed visitation now. … read more
LegalGems
LegalGems
Lawyer
Juris Doctorate
13,924 satisfied customers
Child custody: Please explain details of having primary
Child custody: Please explain details of having primary physical custody and - details of joint legal custody… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
My son is almost 16 and has truancy issues I have primary care
My son is almost 16 and has truancy issues I have primary care and am responsible for his school my ex keeps threatening to take him away from me can he do that?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I currently share joint legal and physical custody of my son.
I currently share joint legal and physical custody of my son. He recently told me that he would prefer to stay with me primarily because he feels more comfortable with me. I mentioned this to his moth… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
florida joint custody question if a doctor wants to perform
florida joint custody question if a doctor wants to perform surgery on a minor child.. and the surgery is not an emergency and one parent wants it and the other does not want it. what will happen when… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This question is for Socrateaser... Can you please critique
This question is for Socrateaser... Can you please critique my argument below. I'm struggling with the last sentence - not sure whether to edit or omit. #4 There were no evidentiary grounds for Mother… read more
socrateaser
socrateaser
1,031 satisfied customers
This question is forCustomer... Can you offer any case
This question is for Socrateaser.... Can you offer any case law to support this argument? There were no evidential grounds for Respondent to receive less than 50% joint custody-visitation. Dad had req… read more
socrateaser
socrateaser
1,031 satisfied customers
What is difference between: 1. sole vs. joint legal custody
What is difference between: 1. sole vs. joint legal custody of a child 2. solve vs. joint physical custody of a child What should the father or mother of a child be concerned about if the other spouse… read more
LegalGems
LegalGems
Lawyer
Juris Doctorate
13,924 satisfied customers
FACTS: - Father currently reside in Oxford GA. - Following
FACTS: - Father currently reside in Oxford GA. - Following divorce, Mother (ex-wife) moved from Oxford GA ~500 miles to Louisville KY with children to live with her parents. - Children's ages 14 and 1… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
In replying to a Motion of Contempt in a case where there is
In replying to a Motion of Contempt in a case where there is joint physical and legal custody, where nine year old child has lived for last six years in family home; last three years with father, who … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If divorcing parents are seeking joint custody of 50/50, is
If divorcing parents are seeking joint custody of 50/50, is it actually 50/50 or does one parent have 51% while the other has 49%? If so, why is that?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,786 satisfied customers
What does joint custody really mean Should I agree to give
What does joint custody really mean? Should I agree to give the father of my child, being that we are unmarried, joint custody? Would this change what I am able to do for the baby or with the baby??… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
Mother is primary caregiver. Child will be 5 in November.
Mother is primary caregiver. Child will be 5 in November. Teacher states based on test scores child is ready for kinder. Can father stop child attending school? Will courts support mother's decision o… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My wife has Bipolar Disorder and went into a manic phase that
My wife has Bipolar Disorder and went into a manic phase that resulted in her getting physical with me. I did not respond, just took it. THen she went into the hospital. I have a federal government jo… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
What is the law in Iowa when a child is born out of ...
What is the law in Iowa when a child is born out of wedlock? Does the mother have initial custody if the father's name is XXXXX XXXXX the birth certificate?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My wife and I (maternal grandparents) kept my grandson most
My wife and I (maternal grandparents) kept my grandson most of his life.(He is almost 8 We kept him exclusively from the time he was 6 months until age 5. We have kept him on and off since then. I rea… read more
Jane T(LLC)
Jane T(LLC)
Master's Degree
18 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x