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Some of the cites we server are,
After Criminal Charges Are Filed Can The Victim Still File A Civil Case?
If Criminal Charges Were Filed And Dismissed (A Misdeamonr). Can The Victim Still File Civil Charges To Regain Loses?
Sure of course you can file a civil suit against a person criminal charges are filed against. However, you still have a statute of limitations issue to deal with so you must make sure that you have timely filed suit in your civil case.
Remember the burden of proof in a criminal case is beyond a reasonable doubt, which is the highest burden of proof. However, in a civil case the burden of proof is preponderance of the evidence which is a much lower burden of proof standard necessary to prove ones case.
Just because the burden of proof was not proved in a criminal case lets say (I know you said the criminal case in your example was dismissed) that does not mean in a civil suit that the proof would not be met. Think about the O.J. Simpson case were the criminal case said he was "Not guilty" (which does not mean he was innocent but only the evidence against him was not proved to the juries satisfaction beyond a reasonable doubt. However, in the civil suit brought against Mr. Simpson he was subsequently found responsible and liable for the deaths of Ron Goldman and Nicole Brown Simpson. The standard of proof was lower in the civil case.
What Are The Grandparents Rights?
My Brother Has A 2 Year Old Son And The Mom Is Keeping Him From Him Because He Has A New Girlfriend! My Mom Is Getting Fed Up Because She Never Let'S Him Come Over For Anything, We See Him Maybe Once A Moth For Probably About 5 Or 6 Hours And He Has To Be Home Before 8Pm They Lived With Us For A While But When They Broke Up She Left, They Have No Custody Agreements, He Pays Child Support But She Won'T Let Him See The Baby Because &Quot;He Has A Girlfriend&Quot;.. My Parents Are Fed Up And Want To Know If They Can Get A Lawyer And Take Her To Court And Get Some Kind Of Visitation? Please Answer Asap! My Brother Is By No Means A Sucky Parent, He'S Safe Here, Everything! The Only Thing She Has Against Him Is He Is Dating Someone New But It'S Been Almost A Year Now, Can She Legally Keep Him From His Dad Just Because He Has A New Girl?
He needs to go to court and petition for custody/visitation.
This doesn't seem as much as grandparents rights or even father's rights as much as it seems to be a case of child rights.
She cannot keep the child from the father and will have to answer to it in court. He must put his foot down and act swiftly. It is not that difficult to get this rolling in court, even without an attorney. I did it all on my own and ended up with custody.
As far as the grandparents issue, I do not know about every state but many states will not award grandparents visitation if both the child's parents are involved. Yes, there was a time when GP's could get visitation but some courts have moved away from that.
Please, grab your brother by the collar and take him to the courthouse to get this rolling. Tell him for me that he has more rights now than ever before. I think he will find it will turn out better than he thinks.
Trying To Follow The Parenting Plan From Our Divorce.?
My Wife And I Are Divorced And She Is Getting Ready To Get Remarried. Our Plan Clearly Stated That Our Kids Have To Be Cared For One Of Us. If We Need Someone Else To Watch Them We Have To Exercise The Right To First Refusal. It Also States That They Are Not To Be Cared For By &Quot;Future Spouses&Quot; Without Permission From The Ex Spouse. They Are Getting Married In About A Month And She Wants Me To Start Dropping My Kids Off To Her House With Her New Husband (While She Is Working) So She Doesn'T Have To Come Get Them Of The Morning That It Is Her Day Since I Go To Work So Early.
I Told Her That She Can Take Me Back To Court Because Her New Husband Is Not Going To Be Considered A Care Giver.
Don'T Get Me Wrong, I Am Glad She Has Moved On As I Have Too But I Am Thinking About My Kids, They Have Only Been Dating For About 6 Months, And Our Kids Had Such A Difficult Transition Through Our Divorce.
Does Anyone Have Any Insight On How It Works With A New Spouse And Does The Parenting Plan Automatically Change Just Because She Is Getting Remarried?
ok, I have experience with this, as I am a divorced mother. My ex-husband got remarried after dating a woman for 6 months. This woman also has 2 children of her own. Our divorce agreement has the same stipulations. I just about lost it when I heard they would be all moving into the same house and my daughter would have to live there with this woman and children that I did not know. To make matters worse, my ex wanted to take our daughter out of daycare(claiming to save us money) with the idea that his new wife would be taking care of our daughter all day long monday-friday while I was at work!! I know how you feel...I have been there. This happened to me this past July.
Bottom line: you have to learn to trust your ex-spouse. Is it really about the kids? If you have moved on, like you said, one day your significant other may have to watch your children and if you get married, or already are, that person will be part of cargiving decisions etc for your kids when they are with you. It took me a little while to accept that my daughter was going to have a new "parent" in her life, and as a mother that was difficult for me. But the more I thought about it, I found that it just means there is one more person for my daughter to love and to love her! That is a GOOD thing. Especially when kids are torn apart by divorce and split parenting, it is good to provide parenting of a two parent household.
I did inquire with a lawyer about it. Honestly, she felt that any Judge would agree that providing good examples for kids is important in relationships after divorce. Your ex-wife's husband may be a great guy, who is more than capable of caring for and loving your kids. I know, its a daunting concept. But it may prove helpful for you kids and for you. Any fighting about this matter is just going to make it more difficult for you kids...imagine them saying: "Mommy, why can't so and so watch us?" And she has to figure out a way to explain that Daddy won't let them with out making you look bad!
It snot easy to cope with, but in the long term it may be good for all. It worked out for me, as my ex's wife is a GREAT person, and cares for my daughter immensely and vice verse. Give it a chance. If you have to get the paperwork altered, you can do that out of court. It will save you time, money and aggrevation! Best of luck to you!
What Exactly Does A Defense Attorney Do?
In a criminal case the defense lawyer's most important role is to counsel the defendant about how to proceed. The defendant must make some important decisions like whether to plead guilty or to go trial; what motions should be filed; and what witnesses to call. If the case proceeds to trial the defense lawyer has an ethical obligation to zealously advocate the facts and the law for his client. Ours is an adversary system and, contrary to the beliefs of some ignorant people, the defense lawyers do not "side" with the defendant and with what the defendant may have done. Rather, the defense lawyer ensures that the law is applied fairly. The adversary system cannot work if only the prosecution is zealously advocating.
Where Can I Get Free Legal Advice Online That Actually Works?
People Tell Me I Can But Where? Most Websites Ask Me For My Card Number Or Don'T Give Me The Answer Sent Through Email So I Dont Get It Right Away... Anyone Know?
Do you work for free? Most lawyers use their training to make a living. And in most cases, a lawyer will have to custom tailor advice for you.
It's fairly easy to give some advice. For instance, most of the minor kids who want to get emancipated don't qualify, and it's easy to say just that. However, in the rare instance that a minor might possibly qualify for emancipation, then s/he is going to have to get some lengthy legal advice, which might take several hours of a lawyer's time. Since the lawyer could be selling that time to someone who will pay, then few lawyers will give anything but the most general legal advice.
Writing Own Custody Agreement, California.?
Me And My Kids Father Were Ever Married And We Are Now Not Together. We Want To Avoid The Court System But I Want A Written Agreement Between Each Other So If Things Get Messy We Have The Agreement To Fall Back On. My Question Is, In The State Of California, If I Write A Custody Agreement On My Own And Me And Him Both Agree And Sign It, Will It Hold Good In Court If He Doesn'T Abide By It?
Serious Answers Only.. Thanks.
It will not be valid in court. State law will supersede any agreements regarding custody, as well as child support. So long as you two agree, fine. The moment one of you decides to file in court, you can pretty much forget your personal agreement. The children's best interests will be primary and a judge will decide. Any allegations will be investigated, probably by either CPS or a counselor of some sort.
Why avoid the court system when it is there to protect the kids and decide what is fair and best for them? If it is because it costs money to go to court, then you should not have had kids. Children should come first - before the cost of going to court.