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  2. What state? If the restraining order was issued ex parte usually you will have an opportunity to appear and contest the issuance within a state defined time. But it all depends on the procedure in your state.
  3. Yes, sadly I have worked with hundreds of parents (I'm not an attorney, just an advocate) over the past few years and what starts as something simple like this turns really nasty. The court system in many states is set up to fail and families are left devastated at the loss of their access to children, loss of access to justice and their rights to the care, custody and control of their kids. People believe they are immune in Family Court if they are a good and loving parent. That is absolutely not the case at all. Family Courts diminish and frustrate parent/child relationships more than child services ever could, and in Family Court, our rights are not spelled out for us like they are in DCF (Juvenile) Court. At least with a neglect petition, we can complete case plans/parenting classes/anger management/housing assistance, etc etc. to get our rights back. In Family Court, once you are the second class parent, it's usually permanent. This cascade starts with a simple petition because a parent is concerned. You currently have equal rights, which is a godsend and extremely precious. I would not step foot in Family Court ever. You have 50/50 parenting. Your daughter will have good attendance when with you, and below average attendance with her mom. That's nothing compared to what it could be. Mom losing her job for health issues is irrelevant. She's allowed to get sick and she's allowed to work/not work as she sees fit. That's not an issue with Family Court as long as your daughter has electricity, heat and three meals a day. I would file a motion to withdraw, quite honestly. Your daughter will suffer some degree of educational damage having less than favorable attendance. But it's universes away from what could happen in the Family Court. Even if things run perfectly (extremely rare in our state), you are looking at a minimum of 14-18 months to get any relief if it goes to trial. A GAL "study" alone is 4-6 months. Your daughter will be a year older before anything happens. All mom has to do is say that your daughter was sick and that's why she missed school. She will get off scot free if the GAL sides with her. Then you are stuck with the bill. In our state, parents are incarcerated for not having money to pay their GAL bills. Please do some research on YouTube on what Connecticut parents have experienced in these courts. Not an attorney, not giving legal advice. I'm sharing my personal opinions and knowledge of the system using First Amendment rights. All the best!
  4. Hi, My girlfriend and are going through an experience with CPS. We got into an argument where police were involved. Thank GOD I was able to leave the residence with no arrest. From my understanding there police did not look for me either. I went back home 3 hours later. My girlfriend, with no restrain, told me to just go to bed. So I did. The cops even drove by my house and parked two houses down the street and still did not bother to come after they noticed I was home. Three days later CPS knocks on our door. They already interviewed our daughters at their school. They advised my girlfriend that it seems like child neglect is going on in the house based on the stories our daughters told the CPS Case Worker. CPS advises my girlfriend that she needs to put in a TRO or our daughters will be taken away. So my wife went ahead and did it. At the court house she went to the self service office. My girlfriend advised me tnhat they made her write her statement 3 times because the judge will not approve a TRO based on her first 2 initial statements. They advised her to write what her daughters said and she did but referring to herself. My girlfriend used verbiage such as me choking her and her bitting me in self defense. The TRO was approved. I’ve been living in my car until hearing. Six hours after being handed the TRO my girlfriend texted me stating she had no choice and she was forced to do it because of the circumstances and how she had to rewrite her statements a few times based on the advice from the self help center. Until this day, I haven’t received a call from Police. No charges have been filed against me (even though that might come in the future). Based es on the above scenario, I filed an Ex Parte to have my side of the story heard AND I provided the proof of text messages with the explanation of the Ex Parte and requested for the TRO to be dismissed. My questions are, can a judge dismiss a case with that information of being guided and pressured? Would I have to wait until the initial hearing or will he/she decide at the Ex Parte hearing? Would my girlfriend be held liable for falsely accusing me of actions? Thank you for any advice. And yes, I’m in the process of getting an attorney and involving Advocacy Groups in my case.
  5. Today
  6. Appreciate it! I'm replying with an Objection to the Motion on multiple grounds. We will see how it goes. Based on what you say, I think it could very well backfire on her if the GAL was appointed, as she has a lot more to hide than I do.
  7. Because it contains a link to a Canadian Law firm. Advertising on this site is not permitted. BTW, the cause of the alleged boy friend's problem is the boy friend's drinking problem.
  8. why do you think the message is a spam?
  9. This is not the place to find a lawyer. To find a lawyer click on the "find a lawyer" tab at the top of each page.
  10. Spam, and from a Canadian firm at that.
  11. Hi Last day, I and my bf had a quarrel. He was very annoyed as I was too angry and was shouting at him. After 1 hour, he left the condo and went to a pub. He was so late that I went for a search. One of his friends helped me to locate him. I found him drunk so that I again started shouting at him. In his anger, he again left the place and when he drove, he was stopped by a cop. He was charged DUI. I am so sad that the incident occurred just out of my intolerance. I want to make him free from the charge and am searching for drinking and driving lawyers. My bf is very sad about the event. I am the real cause of the incident and I apologized him. The alcohol content was 90 mg, so someone told me that it will be a serious offence. What will be the minimum penalty? I am tensed as I am the only one who made a terrible condition. If someone could help for this, it will be worth. We had already planned a trip to the US in November. Whether this case will be a hindrance for our travel? Your suggestions will be of great help.
  12. If he really wanted out, he’d take a copy of the trust document to a trust lawyer for lawyer to explain what his options are. It's not that hard to do that. That he gives you the line that he does not want to do it because “he doubts he can get out of it” is a cop out and tells me that he may just be spinning a tale for you. The trust only obligates him to stay if he wants the trust money. If he doesn’t care about the money, he can leave. I suspect he does care about the money and that is the core of his problem.
  13. If I have a child support case in Texas and I moved to Colorado what do I need to do to ensure that my child support gets taken out of my new jobs checks
  14. On Aug. 11th, at approximately 11 am, the first incident, was the retaining wall belonging to my neighbor fell onto my property, while the contractors were working on the wall. The retaining wall went through 2 light fences, and broke down my more heavy duty fence; walls and one of the pillars to my enclosed back porch; a rock larger than my fist hit my roof (don't know if there are other rocks still on the roof as currently unable to access the area) and landed in my front yard. Luckily no one was injured. The contractors came down to check to see if everyone was alright, and asked us to stay inside, and at one point to go to the street, as the digger was teetering on the edge of the previous retaining wall and they were worried that it would fall. I asked for a company name and my mother asked for their business card. When after 2 hours no one came back to tell us anything and I couldn't find any listing of the Contractors in the phone book or online, called the police. The officer who arrived said he would wait till the contact information was exchanged. The owner and the contractor both claimed they'd ensure that my property was fixed, so said that was fine. The original time frame I was given to fix my property would have been today, but instead after waiting and no one showed up, contacted the contractor to find out they'd start tomorrow. This 11 days after the initial issue, with small pebbles falling, and two other larger incidents one with a rock larger then my head, and on the last day another boulder. With after each occurrence the reassurance that once the wall was built that I won't have this problem. With as the start of the wall being built looks like it's encroaching my property, so asked to have the retaining wall looked at, as not only were our lives in danger, but it seemed to be an encroachment into my side - with shouts from party's that seemed to be associated with the construction of how they have to tear down the wall and build a new one as it's encroaching her property the day after I submitted my request to several party's...As besides falling pebbles, rocks, boulders, I was also dealing with a number of other issues concerning the employees of the Contractors, etc. So, now I'm a bit concerned, as construction to fix my property should have started today; I had to make the initiative to contact them to find out why no one was working on my property, and after 10 days since the initial issue, I'm again told "tomorrow"...I have numerous pictures of the occurrence, and am willing to send it to lawyers serious about assisting me, and once it's part of a confidentiality clause...
  15. Sorry to resurrect this zombie thread but do you have any updates? You are correct in asserting your constitutional rights to not allow the government to trap you. If it's such an emergency, and your child is in danger, they should get a signed warrant and come to your home with an officer. They have not done that so you owe them nothing. If you show up and they take your child away -- which they do all the time, then they will say it's your fault for showing up. I know that they play games like that. Extorting your state benefits is illegal and I would contact your state senator or representative. I would also file a complaint with the department of justice. They're basically forcing you to neglect your own child by withholding the mechanism that you used to feed and care for him, and then they may even use that against you. If they can't find any probable cause they invent them. Is there an off chance there is some random administrative error and that's why you're not getting your benefits? Are you sure it's actually child protective services and not just regular social services? There may be something wrong with your file that needs to be clarified in person. Not a lawyer, not giving legal advice. What I write in this thread falls under free speech. I can't guarantee everything I say is accurate, I'm just going off my own opinions.
  16. Oh I forgot to mention, if you are going to use a GAL, limited scope is your best bet. Because GAL's will look into your own life, they want to know your family history. They want to see the inside of your home, they want to know if you have any medical conditions. You are basically treated no differently than if child welfare services was investigating you for abuse. And then you can't complain later or appeal since you are the one who willfully entered into the contract. It really does invite the government into your lives to look for anything that might be even slightly outside of the straight lines that to the family court believes every parent should be held to. The stuff married parents get away with you will not be able to get away with simply because you are divorced. The double standards are glaring. It could all backfire and I have seen it happen many many times. Especially if the GAL is hired by your ex, that GAL is likely not going to suddenly turn on her if she's the one paying her. GALs have immunity and are not held to the same standards that doctors, therapists and your own lawyer is held to. They can do literally anything they want, including commit fraud. Connecticut caselaw already says that fraud is allowed in family courts (the Simms case). Not a lawyer, not giving legal advice. I'm expressing my opinions using my first amendment rights. Good luck!
  17. It's weird that I came across this post because I took part in the passing of that bill in 2014. I spoke at public hearings to pass the bill in Hartford. Being a lazy or careless parent isn't illegal, and if the school hasn't raised a fuss I am not sure how much water it will hold to a judge. Connecticut's courts are a real mess and GAL's frequently favor The parent that is producing more conflict and chaos. Remember you do not have to agree to a GAL, that was the whole point of the public act 14–3. I would not allow a judge to bully me into a contract. Forced contracts are unconstitutional anyway. You don't need a GAL at all. I'm sure many family law attorneys will disagree with me, but as parents we have rights and we also have rights as consumers to not be forced to hire somebody to conduct broad searches into our lives. I had a great GAL, so they aren't all bad people, I just don't think they are necessary unless both parents are unfit. If you're concerned with child welfare regarding her education you could technically see if the school can file a mandated report, but then the government is in your life and that may damage your child more than absences (assuming the school isn't doing anything to address them). I don't believe Family Court is a good venue to report bad parenting. Judges routinely make the problem worse by inserting conflict, speaking from experience and years of court watching. Not a lawyer, not giving legal advice. What I'm sharing falls under free speech and are just my own opinions based on many years in the CT courts.
  18. This is an incomplete sentence, so I have no idea what you meant by this. The prior case you had is over. You lost the case and all appeals. Once the U.S. Supreme Court rejected your petition for certiorari, you were done. And that was done nearly five years ago. You can’t reopen the old case, and you cannot fie a new case for the same thing now, even if the statute of limitations is not expired (and it likely is expired). You may not like the results, but once you have exhausted all your appeals there is nothing more to pursue and you have accept that you lost. Just like a football team has to accept that it has lost when the clock ticks down to zero at the end of the fourth quarter. The team doesn’t get another shot at it because it was unhappy with the score. So what is it that you are trying to do now? Instead of throwing out a bunch of legal terms that I suspect you are applying incorrectly, tell us instead what happened that lead you to think your rights had been violated and what you want to do about now. It very likely is time for you to just forget about it and move on, but without any actual facts there isn’t much anyone can tell you.
  19. Thank you for the advise to "move on". I have, to the U.S Dept. of Justice Civil Rights Department. Any other advise?
  20. thank you so much for answering my questions about the extradition process...i do understand it much better. So you are saying thats its best if he waives his extradition on the 24th?? Also how long will they wait to hear from VA before they will decide to release him or not if they havent heard from them already??
  21. I now have a backup of my old computer, and for $1,500 or so I can have a forensic examiner search for evidence that she accessed my emails. She sent an email to my sister in which she references something from one of the emails, which I would contend she would not have known other than searching my emails. So, the big question is whether to spend the money to get the proof. My criminal defense lawyer isn't interested for the trial, and my divorce lawyer says people snoop each other's emails all the time and family court doesn't care. He also doesn't think the police are going to do anything to investigate a complaint like that. So the big question is this, if there is both a federal and state law that she is violating and I have the evidence and file a complaint is it likely to go anywhere or is the $1,500 spent a total waste?
  22. Yesterday
  23. Your mother? Not likely. You? Also not likely. However, the more action you take regarding the property (including paying property taxes), the more likely it becomes possible for someone to make an argument that you ought to have liability. The bottom line for you is that, if you want to take action regarding the estate, you should make sure you do so properly by retaining counsel. However, if you just want to wash your hands of everything, then do so fully. Issues for whom? If you wash your hands of all this, not for you.
  24. After you're picked up on the warrant, the arresting state notifies the state that issued the warrant. That state then must send what's called a governor's warrant indicating that they wish to have the defendant extradited and they intend to come get him. If there hasn't been a hearing before the 24th, then that hearing is likely to determine if the defendant waives extradition. If he doesn't, then there will be another hearing if the governor's warrant hasn't been received yet. When they get that warrant there will be a hearing to determine if the defendant is the person named in the warrant. If they don't get a governor's warrant or get notice that the other state doesn't wish to extradite, they will ultimately release the defendant BUT that doesn't take care of the warrant OR the underlying charges. He can still get picked up on the warrant every time he's contacted by police and repeat the process ad infinitem. The ONLY way to clear the warrant is to surrender to the issuing court. There is no statute of limitations on a warrant.
  25. I would say that is a true statement. That is really what I wanted to know. However, if something were to happen, say someone was injured on my Brother's property and filed a lawsuit or etc. could any liability come back on my Mother or myself if the estate is never probated? What if the estate is never probated and the property taxes did get paid by the family living there currently, any issues that might come from that scenario? Thanks again, John
  26. As I mentioned previously, if you want to obtain a child support order, you will have to prove that the man from whom you are seeking support is, in fact, the father of the child. It may be very simple to do that. For example, you mentioned that the alleged father's name is on the child's birth certificate. It is often the case when a child is born to an unmarried woman that, in order for a man to be identified on the child's birth certificate, both the mother and the alleged father must sign an acknowledgment of paternity. If that happened in your case, then establishing paternity will be no problem for you. On the other hand, if the facts are different, establishing paternity may be more difficult (i.e., you might need to get the court to order a DNA test). Not quite sure what you mean by this. I'm not in Arizona, so I don't have any insight into Arizona procedures beyond what I or you could ascertain from googling the subject. If you can't get the information you need in this way, I suggest a visit to a county law library.
  27. hello......I really appreciate you answering my post/question. My question about an extradition is does the state, which is PA, when the Police run your name & a warrant from another state comes up, which is VA, the police take you to jail for the warrant im another state but you have nothing ever in PA....does the extradition process start then(I heard was 30 days to come pick him up but correct me if im wrong please) They say he has a hearing in the cambria county courts on the 24th of Aug but for what because the warrant is in VA?? He got picked up Aug. 14th so Im wondering if his time started then or after this hearing on Thursday Aug. 24th?? I hope I made myself alittle clearer than the initial post. Just dont know how VA or PA laws work with this extradition process. It is for a misdemeanor charge also. Thank you!!
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