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LegalwriterOne

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Everything posted by LegalwriterOne

  1. Anybody can sue anyone for just about anything. It doesn't mean they have a case. In your situation, I can't imagine how the wife can go after you when you aren't even in the same state. To prove a case of alienation of affection, she has to show that they had a happy and loving relationship and that your wrongful and malicious behavior directly caused the alienation of her husband's affections. I don't see that in what you posted.
  2. If you don't identify what state, nobody can give you any information. CPS can take kids without a court order and place them temporarily but there is a process that is required after that.
  3. You left the important details out. 1) what state? 2) it takes a court order to place children in group homes or foster care so what did that court order say?
  4. If you child has a guardian through the dependency court, they have legal custody and the court just monitors the situation. Your contact with the child goes through the guardian so ask them.
  5. He can't go to trial, obviously. What other assistance the attorney may need from his client can just about anything. It could be as simple as being able o providing witness information and signing releases for information.
  6. If you want to change the court-ordered visitation schedule, file a petition with the court asking to change it.
  7. Assuming you are talking about CA penal code 1368, what happens when a defendant is declared incompetent, they are sent to a state prison psychiatric facility for treatment to restore competency. The criminal proceedings are suspended until they are deemed competent. Speedy trial doesn't come into play until after the preliminary hearing and arraignment on the information. In a case involving a violent felony, they don't often go to trial quickly as there is a lot of investigation and preparation involved. The defense attorney will continue to work on the case while the defendant is incompetent but there's a lot they can't do when the defendant is unable to assist them....
  8. The statute is tolled until the kid reaches 18. The general limitation is one year but there are two other sections that could apply, making 2 years or 3 years, depending upon the nature of the injury and the act that caused it.
  9. 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.
  10. 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.
  11. You are entitled to written notice just as you are required to provide written notice.
  12. You CANNOT subpoena documents from opposing counsel. You serve them with a discovery request.
  13. 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.
  14. 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.
  15. Try picking up you local phone book and calling local attorneys.
  16. You rented a unit without looking at that specific unit first?
  17. Well then you have no custody or visitation rights to assert and mom is free to take the kids wherever, whenever.
  18. 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...
  19. 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.
  20. 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.
  21. 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?
  22. 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.
  23. 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.
  24. Their acceptance in the past doesn't alter the terms of the written agreement.
  25. If she didn't know the people, what in the heck was she doing at their house????
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