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What Happens In A Divorce Court Hearing?
Ill Be Having My First Court Hearing Next Month With My Ex. We Have A 7 Month Old Boy. She Currently Is Not Letting Me See Him Unless One Day A Week. I Have Asked Her If I Could See Him Some Other Day During That Week But She Never Responds My Texts Or Never Answers My Calls, When I Say Never Its Never. And The Times I Have Seen My Son, My Exs Mom Is Always The One Handing My Son Too Me And Has Giving Me Drama. I Dont Want My Ex'S Mom Involved Between My Son And My Ex. Also Another Thing To Point Out, My Ex Has Told Me Were I Been Lately Without Me Knowing She Was Following Me Or Anything. Can I Do Something About That?
Here's - among other things - a few things that you need to wrap your brain around.
The very FIRST thing you need, is to get a paternity test done; why? Think about this: In California alone, we have over 8,000 men paying child support for children that DNA evidence has proven they didn’t father. Most of the time in scenarios such as this, the “Daddy” assumes he is indeed the biological father and does all the right things, i.e. pays his child support, meets his visitation schedule, buys clothing and extras to have when the kid(s) is/are with him. Then, a bit of time passes, and one day “Daddy” bends down and says: “Hey, you don’t look like me” and THEN has a paternity test done - TOO LATE!
With the results in hand, Dad happily goes running back to court to have his child support altered or stopped altogether. What most judges say in cases like this is brutally simple: “Sorry pal, you waited too long to challenge paternity, keep paying at the current level” Trust me, this happens every day all across the country.
Next, never, EVER raise your voice or show anger when picking up, or dropping off the child; if she's keeping you from the child, the court will straighten her out on that. If you have to forgo a visit because grandma is being nasty, so be it, leave, drive away and KEEP RECORDS! I always used a voice recorder, then wrote my notes down later. If you show anger, the court will have you in handcuffs before you can spell your last name.
Next, be ready for the worst on your court date, and resist the urge to speak out of turn; be patient. Have good notes, and you’ll get your chance to speak. Let her shoot her mouth off, resist, resist, resist the urge to roll your eyes, speak out of turn, or make any gestures or scoff noises, anything like that. Judges HATE that
Here’s another tidbit for you: In U.S. divorce and custody cases, mothers are awarded primary physical custody of minor children - when such children are involved - over 90% of the time. Get it? That means, child support is going to be a big part of your life for the next 17 years, 5 months.
Get the DNA test done ASAP and if the kid is indeed yours, the court will set a visitation schedule based upon your work schedule, your proximity to where the child lives, child care etc. Start looking for your own child care provider; you don‘t want granny in your life any more than you have to.
The court will also look at your income and her income side by side, as well as both of your tax returns for the last 2 years; this is the “guideline” the court uses to set child support amounts; forget your expenses, the court doesn‘t care.
Hold onto your lug nuts there guy, its going to be a bumpy ride and again, get that paternity test done ASAP and no matter the cost. If that child isn’t yours, you’ll thank me till the day you die and you‘ll save thousands and thousands of your own dollars.
Good luck, and if it turns out the child is yours, go to Amazon and get Dr. Warren Farrell’s book, Father and Child Reunion.
Hang in there, and stay calm….
Can Anyone Recommend A Good Personal Injury Attorney In California?
I found a good local personal injury attorney here in Hutchinson, KS, whose name is Matt Bretz, by asking another attorney friend. They all know each other and refer business to each other based on their expertise. As it turns out, Mr. Bretz used to practice in Los Angeles. I will give his bio and contact information below, but I wanted to let you know that I hired him to do an hour bonus video for a web site we have. My sister was involved in an accicent and was offered $7,000 by the responsible company but she had to have 14 surgeries as a result of the accident and they cost her hundreds of thousands of dollars. She sued them and won over $1,200,000 because of her organizational skills. She now helps others win their lawsuits. You can read more about her at www.howtowinyourlawsuit.com. She gives a one hour bonus video done by Matt Bretz offering advice on personal injuries. He packs a ton of information into that video. Here is his bio. You can call him for advice or ask for a referral to a California attorney.
Matthew L. Bretz
Bretz Law Offices, LLC
1227 North Main Street
Hutchinson, KS 67504-1782
Toll Free (888) 259-4406
Office: (620) 662-3435
Cell: (620) 664-7205
* * * * * * * * * * * * * * *
NAMED AS ONE OF THE TOP 100 TRIAL ATTORNEYS - 2008
* * * * * * * * * * * * * * *
Matthew Bretz is a native of Hutchinson, Kansas. He received a B.S. from Kansas State University, where he taught both classical and contemporary physics. He graduated from Pepperdine University School of Law where he received the Vincent Dalsimer Moot Court Award from U.S. Solicitor General Kenneth Starr. After graduation, he practiced with the Los Angeles firm of Erin Brockovich and Delta Force II fame, Engstrom Lipscomb & Lack, litigating aviation, toxic tort and catastrophic injury cases.
After returning to Kansas, Mr. Bretz was a litigation partner with Gilliland & Hayes, P.A., until starting Bretz Law Offices in 1997. Mr. Bretz currently handles all types of injury claims, including primarily automobile, and premises liability matters. He has been recognized by CNN for his trial results in Foster v. Wal-Mart, and by local and state news media for trial and settlement results in other cases.
Mr. Bretz is licensed in Kansas and California, and by the United States District Courts in Kansas, California, Colorado and Nebraska. He is a Member of the Board of Governors for the Kansas Trial Lawyers Association, and formerly was the Medical Legal Editor for the Journal of the Kansas Trial Lawyers Association.
Matt Bretz serves on the Board of Directors for the American Red Cross, the Training and Evaluation Center of Hutchinson (TECH), the Board of Governors for the Kansas Association for Justice (KAJ), and is a former board member for Interfaith Housing and for Big Brothers of Reno County.
What Will The Attorney General Require?
If I Am The Non-Custodial Parent And I Pay Child Support Can The Attorney General Order Me To Obtain Medical Insurance For The Child Through My Employer? Or Do I Have The Option To Get Insurance From An Outside Source?
The Attorney General can order you to keep insurance on them, but most likely through whatever source you choose to provide it! It is most likely cheaper through your employer however!
What Are Penalties For Driving Under The Influence In Europe?
I'M Doing A Persuasive, I Have Statistics Of How Many People Actually Do Drink When Under The Influence In Europe, Etc. But I Can'T Find The Penalties For Doing So. I Understand Every Country/State Is Different. I Just Need Two/Three And I'M Good. Any Suggestions Where To Look That I Might Have Not Come Across?
I just saw this question and as somebody who's job is to deal with the German traffic laws I look forward to say something to the situation in Germany.
But I'm at work know, so I will answer in a few hours.
EDIT: Ok, before I'll go to bed, some information about the penalties for driving under the influence of alcohol inGermany; I'm sorry for my bad english.
Relevant for the penalty is the concentration of alcohol in the blood in one tenth-of a percent (0/00).
if you have a concentration from 0,5 0/00 up to 1,1 0/00, and you're driving without any unusual behavoir (f.e. "wiggly lines", accident etc.), you'll get finded (first time: 250 Euro, ban to drive for one month, second time: 500 Euro, ban to drive for 3 months).
For that you get "7 points". In Germany there is a kind of coint collecting system: for every misdemeanour in traffic you get points (f.e. a red traffic light: 3-4 ponts; using a cell phone while driving: 2 points.). If you reach 18 points, you get deprived of your licence.
If you have a concentration of more than 1,1 0/00 or you have a concentration from more than 0,3 0/00 and you show unusual behavior (s.u.), that is a offence concerning the german penal code ("Strafgesetzbuch"; §§ 315c, 316 StGB).
The penalties depend on the income of the contravener.
In usual cases (no accident, first time, no danger for others etc.), the contravener has to anticipate one up to one and a half income of one month.
He gets deprived of his license. The court decides about a period in which he is not allowed to get a new licence. Usually (s.u., no accident etc.) this period is about 12 to 14 months).
If the contravener has a concentration of more than 1,6 0/00, there is something special: Before the contravener can get a new license, he has to pass the MPU test (Medizinisch- psychologische Untersuchung; medical psychologic test).
The backround is, that if you are able to drive a car with more than 1,6 0/00, you are likely an alcoholic.
At the MPU you have to prove that you're not.
To do so, you have to absolve medical tests (about lever and sth.) for one year at regular intervals and you have to talk to a psychologist who furnishes an opinion about your drinking habits.
The maximum penalty for driving under influence in Germany is imprisonment for 5 years.
I hope you've understood something, I know, it is a bit complicated and my bad english does not make it easier :)
If you haven't understood sth please ask, and I'll try to explain it with other words if i can.
If you find somebody to translate from German into English, there are some might useful links:
- an overview about the penalties for driving under influence
- the crime code "StGB", look at §§ 315c and 316
- a law about conditions for drivers licences; look at § 13 for details of the MPU
EDIT2: I forgot something important because it's a very new law:
for about one year now, young drivers under 21 years and drivers who have the licence for less than two years are not allowed to drink at all (0,0 0/00).
It's fined with 125 Euro and 2 points.
I Called Legal Aid To Start The Divorce Process. My Husband And I Don'T Live Together.How Did He Know I Called
When you file a lawsuit then the other party (in this case your husband) will receive an "Original Notice" and "Petition at Law". This is part of due process, and once he is served he will have to find an attorney.
Will My Juvenile Record Stop Me From Becoming A Lawyer?
When I Was Around 13-14 I Participated With Other Juveniles Where We Robbed A Milk Truck And Vandalized A Truck/Mailbox. I Was Not Arrested And I Did Not Go To Court. It Was Strange But I Simply Went To A Local Alternative School. From What I Remember Upon Graduation, Graduation Being Completion Of My Time There Not Graduation From School. Then When I Was 16 I Was Arrested For Assault With A Deadly Weapon When My Step Father, With A Hefty History Of Domestic Violence With My Mom/Sisters/His Daughter, Called The Cops When I Pulled A Knife On Him. I Went To A Mental Hospital For Observation With Other Juveniles For One Month. I Was On Probation Until I Turned 18. Aside From Speeding Tickets I Have Had No Trouble With The Law Since Becoming A Legal Adult. Thanks
That's tough, and my guess is that it will depend on the jurisdiction where you want to be licensed - some are much stricter than others. If you are serious about law school, you'll need to contact the state bar association and see if you can get some advice.
I'd like to say bar associations are willing to give you some leeway for juvenile indiscretions, but some of this stuff is pretty serious, plus considering the mental health concerns there are going to be big red flags.
Contact the bar association and see what they have to say. If they are not encouraging, ask if waiting a little while longer (assuming you stay out of trouble) would help your cause. You don't say how old you are, but the character & fitness committee may look differently on someone who is 25 with your history as opposed to someone who is 35 and has been on the right side of the law for a lot longer.