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LegalwriterOne

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Everything posted by LegalwriterOne

  1. Child support and visitation are two different things. If there is a court order declaring you the father and ordering you to pay child support, then you are the legal father. However, that they calculated visitation time for child support purposes, does not make that calculation a court order. That would be separate. So, if you want an order you can enforce for visitation purposes, you need to go to court for that. As it stands, mom has complete say on your visits or anybody else's.
  2. Discovery is handled between the parties. The court doesn't deal with it directly unless a request was made which the other party didn't provide. Then the party seeking discovery would file a motion with the court. A subpoena is NOT discovery. A subpoena is a court order to produce which, as I pointed out before, CANNOT be use to get documents from opposing counsel. Even if you could, the documents would not be admissible in court.
  3. You are entitled to written notice just as you are required to provide written notice.
  4. You CANNOT subpoena documents from opposing counsel. You serve them with a discovery request.
  5. Additionally, it's not clear what you thought you could subpoena from opposing counsel. If they have stuff you are entitled to see, you request discovery. If you want bank records, you get a subpoena duces tecum and serve it on the bank for those records. They are then sent to the court where you can obtain them for the purpose making copies. The original records subpoenaed stay with the court and that way they would be admissible at a hearing. Generally, there aren't "hearings" about subpoenas until after they are issued and served. If the party served with the subpoena objects, then there would be a hearing on their objection. You really way out of your league.
  6. If he had stayed in custody instead of bailing out, the DA would have made a quick decision about filing the charges. Since he bailed out, they can take their time. Cops arrest. They don't decide what charges are filed or when. That's the local prosecutor's job.
  7. Try picking up you local phone book and calling local attorneys.
  8. You rented a unit without looking at that specific unit first?
  9. Well then you have no custody or visitation rights to assert and mom is free to take the kids wherever, whenever.
  10. Well, first you didn't identify a state. He's being held on a warrant and he'll stay in custody at least until the other county comes to get him. There may be a procedure to file a speedy trial demand to speed things up, but that is state specific...
  11. So what is you are looking for? You can't sue the hospital because HIPAA doesn't provide for that. You can complain with HHS but that's about it.
  12. Well you signed the rental agreement and as far as your contract with the rental company, YOU are liable for the damages and payment. You can sue the guy for that amount after you've paid it but that doesn't guarantee that you'll ever see a dime from him.
  13. So you drug-dealing friend told you to use his attorney. Did that attorney confirm that he had represented him in the past and that it could be a conflict? Did you say, that's okay?
  14. Yes. If you seek collection through the state child support enforcement office, if he is collecting unemployment, they may be able to garnish a portion of that....they can also seize his tax refunds and suspend his driver's license to get his attention.
  15. He is not obligated to take a DNA test unless she goes to court and he is ordered to do so. Likewise, he isn't obligated to give her a dime until there's a court order for him to pay.
  16. Their acceptance in the past doesn't alter the terms of the written agreement.
  17. If she didn't know the people, what in the heck was she doing at their house????
  18. If the statute of limitations has run so you can no longer be charged, you can seek a court order for the return of your property. Consult local counsel.
  19. If the marriage is legal where it's entered into, it's legal in the US. An undocumented immigrant can legally marry in any state in the union.
  20. You can sue them in small claims for your injuries. Would have been a good idea to at least see a doctor right after....
  21. To be honest, you chose not to seek the court's assistance in having contact with your child, whatever your reasoning, which put you in a very bad position now. A court could have ordered regular visitation that was enforceable. Of course, it would also order you to pay child support and to provide health insurance coverage. You didn't do that. You follow the mother on facebook but you haven't seen your child since she was born. She doesn't know you. She may not even know of you. At this point should your child's step-father seek to adopt and the court finds him a suitable parent, there's very little chance you can stop it.
  22. Your post is really confusing. Are you saying that you were trying to subpoena opposing counsel? You said you thought the hearing was for that and then say that you didn't realize the hearing was that day even though apparently you were there....When you say the judge ruled against you, is that with regard to the subpoena's or what? What is the whole case about? I second Jack's view--you should have an attorney.
  23. You didn't ask a question and you didn't identify a state. Why did you leave instead of calling 911 and waiting for the cops? Was anybody else there besides the two of you?
  24. I agree with Jack. Save yourself the hassle and just buy a new one and put it in.
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