How to Prove Your Custody Case

In a custody case, whether part of a divorce or not, you need to prove what you allege to be fact. Words alone are insufficient but too often are all the court has to go on. If you claim to be the primary caregiver how do you plan to prove it?

When you drive the children to school, do you just drop them off and pick them up curbside or do you get out of the car, and interact with other parents and school personnel? Do you attend school activities open to parents by standing in the back, or by intermingling? Do you supervise their homework but not sign their notebook? When you take them to the doctor or dentist, do you drop them off and pick them up or do you get out and go in with them to check them in and speak with the professional? Do you drop them off and pick them at their friend’s homes for play dates or do you walk to the door and socialized with their friend’s parents? Read more

Whose Divorce Is This?

It is just incredible how many people retain an attorney for their divorce, want it over as fast as possible, but do not do anything required of him or her. Too often clients will call and ask when will it be over, and my snarky retort is: how do I know, I do not even know when you will give me the documents I requested from you and list of facts so that I can pursue your divorce. No matter how great a lawyer you hire is, your lawyer will always be limited by you! If your divorce is not a priority to you, you have your priorities screwed up. Read more

Warning! Danger! Danger! And its NOT Dr. Smith Approaching

There is a loophole to Stay Away Orders of Protection that is very dangerous when it removed someone from your household and you changed the locks. That person still has a driver’s license with the same address on it. What’s the big deal? Well, that person need only go to the home he or she was removed from and call a locksmith, show the ID and claim he or she lost their key. Presto, that person in the home, and has a new key.

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Orders of Protection and How They Can be Fun – Not!

If you are the victim of domestic violence, call 911 immediately. If necessary, run into the bathroom and lock the door and then call 911. Tell the police you have locked yourself in the bathroom and will not come out until they arrive. If there are children in the house, inform the police of that too. When they arrive, tell the police you want the person who victimized you arrested. If asked if you want him or her taken to Family Court or to Criminal Court, always answer Criminal Court. If the police try to dissuade you from criminal court in favor of family court because the person to be arrested is the children’s mother or father, tell them: “criminal court.” Read more

Penney Wise and Dollar Foolish!

I have been seeing too many divorces wherein a spouse used a lawyer who was a relative (who never handled a divorce before) and paid nearly nothing for it.  The case may have settled as the now ex-spouse wanted fro very little cost, but the settlement agreement lacked the provisions and terms that could have protected that’s spouse against being brought back into court now.  But now that he or she is back in court, to save money once again, that person went to other relatives who are lawyers (and do not handle divorces) and the right things were NOT done in that person’s defense, who should have mounted an offense as well as provided better documentation in their defense.   Read more