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If you submit a criminal background check on someone in

Customer Question
custody court can it be...
If you submit a criminal background check on someone in custody court can it be through truth finder online? What does its source need to be, how should it be presented?
JA: Since laws vary from place to place, what state is this in?
Customer: NC
JA: Has anything been filed or reported?
Customer: He has assault on a female somewhere if his lawyer has not had it expunged and 2 drug charges. His mom has felonies but I do not know how they want these things presented or what source they have to be from.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is the exparte restraining order valid evidence in custody court even if it was unfairly altered and is expired? They took the sexual battery and domestic abuse in front of my daughter off of it.
Submitted: 3 months ago.Category: Legal
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Answered in 6 minutes by:
8/7/2017
Lawyer: Van, Retired Judge replied 3 months ago
Van
Van, Retired Judge
Category: Legal
Satisfied Customers: 76
Experience: Criminal Court Judge
Verified

Welcome to Just Answer! My name is ***** ***** I think I can assist you in this matter. Please give me a few to work on a response for you.

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Lawyer: Van, Retired Judge replied 3 months ago

If I understand your request, you are currently in a custody with the father of your child. You want to know how you can inform the court that the father and family members have criminal records. Correct? Were you married to the father of the child?

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Customer reply replied 3 months ago
How do you prove legal kidnapping on basis of a false DSS report? My husband put a bruise on my daughter and said she was dropped off that way. I wouldn't sign anything, it was dismissed but he went and got an emergency custody order while it was open. He hit her and abused me and I cannot get the court to believe me because I have no family and his will come to lie on his behalf because they hate me. I told people what he did to us so they hate me. How do you get a paternity test in custody court ordered? He knows he is not her father we got married when she was 9 months old.
Customer reply replied 3 months ago
Correct
Lawyer: Van, Retired Judge replied 3 months ago

Well... you have a lot of issues going on here. First and foremost it appears from the way you phrase your questions the father is seeking custody of the child but you think it is possible that the father may not actually be the biological father, correct?

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Lawyer: Van, Retired Judge replied 3 months ago

I don't mind having the conversation via text, but I think a phone call will be far more helpful to you.

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Customer reply replied 3 months ago
He is not. He was always aware he is'nt but he signed the birth certificate. I would accept your offer but I only have so much money. I've already paid a lawyer 2800 that withdrew from everything.
Lawyer: Van, Retired Judge replied 3 months ago

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

I'm having trouble with my computer. Give me a few.

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Lawyer: Van, Retired Judge replied 3 months ago

The issues that you have can easily be resolved by a competent attorney. If I were you I would ask my new attorney to focus on two things: 1. challenge the paternity of the father which can be done in custody court and 2. ask my lawyer to request that the court look into the criminal history of the father.

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Lawyer: Van, Retired Judge replied 3 months ago

Please keep in mind that since your ex has signed on the birth certificate as the father of your child and has generally accepted paternity of this child, you will have a harder time having his parental rights taken away. He basically starts out looking like the good guy.

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Lawyer: Van, Retired Judge replied 3 months ago

Now that you understand the type of battle that you will be facing, as it relates to the law and his paternity rights. You now need to prove to the court that the father is unfit to have custody rights. You will be fighting an uphill battle as it relates to cutting off the father completely, The court will try to find a way to keep the father involved in the child's life because it will be assumed that involvement by the father is in the best interest of the child.

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Lawyer: Van, Retired Judge replied 3 months ago

In order to overcome that presumption, you must establish that the father will be a bad influence on your child. Coupled with the fact that the father may NOT be the biological father, the court must eliminate the father from the child's life or at least limit the father's exposure. Where is the biological father?

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Lawyer: Van, Retired Judge replied 3 months ago

The battle ahead of you is difficult but it can be won, if what you say is true and you are able to present these issues to the court. If what you say is true, the incidents regarding the father's criminal history are admissible to the court through your testimony. Additionally, you can support your testimony with documents from the local police department and court records. I wish you the best. Please let me know if you have any other questions.

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Lawyer: Van, Retired Judge replied 3 months ago

I really would like to offer some assistance to you. The lowest telephone call that I can offer to you is $5.00 Please let me know if you are free to talk. I will be heading to bed soon.

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Lawyer: Van, Retired Judge replied 3 months ago

I'm heading to bed for the night. If you have any further questions, I will check the my messages tomorrow morning. If you have any further questions feel free to submit them. I will check them and respond tomorrow morning. If you would like to speak on the phone tomorrow morning, let me know what time you are available and I will accept the request for a phone call at that time. If you are satisfied with my responses to your questions, please leave a positive rating. Goodnight.

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Customer reply replied 3 months ago
Her biological father left and said get an abortion. Still has not called, how is that relevant?
Lawyer: Van, Retired Judge replied 3 months ago

I asked about the biological father, because it may help your case if the biological father was interested in being a part of your child's life. Do you have any other questions for me?

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Lawyer: Van, Retired Judge replied 3 months ago

Like I said last night, I strongly suggest you look around for another attorney. If you are satisfied with the responses that I have provided to you please don't forget to rate my service before you leave the website. I wish you the best in your custody battle.

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Lawyer: Van, Retired Judge replied 3 months ago

Please let me know if you need any additional information. If you are satisfied with my responses please don't forget to rate my services. Have a great day.

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Van
Van
Van, Retired Judge
Category: Legal
Satisfied Customers: 76
76 Satisfied Customers
Experience: Criminal Court Judge

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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).

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