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  1. #2506
    Astonishing Member Lord Falcon's Avatar
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    Damn, MoR. Okay, here's a basic run down:

    Lawyers are able to practice by state. A lawyer admitted to practice in one state is unlikely to be able to practice in another. There's ways to get around this, but as a general rule you want a lawyer from the state where the court case is taking place. Said lawyer is also likely to be more familiar with the local rules of procedure and might be familiar with the local judges and how they think.

    Given that this is about custody for the daughter, what your friend is looking for is a family lawyer. Family law cases have no jury - they will always be decided by a judge if it gets to trial. Most cases, of course, are settled before they go to trial.

    If your friend is worried that he will be sued by his ex, that means he would be the Respondent and his ex would be the Plaintiff. However, if he doesn't know for sure he is going to be sued, then he might not necessarily need to hire a lawyer.

  2. #2507
    nice to meet ya! master of read's Avatar
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    Quote Originally Posted by Lord Falcon View Post
    Damn, MoR. Okay, here's a basic run down:

    Lawyers are able to practice by state. A lawyer admitted to practice in one state is unlikely to be able to practice in another. There's ways to get around this, but as a general rule you want a lawyer from the state where the court case is taking place. Said lawyer is also likely to be more familiar with the local rules of procedure and might be familiar with the local judges and how they think.

    Given that this is about custody for the daughter, what your friend is looking for is a family lawyer. Family law cases have no jury - they will always be decided by a judge if it gets to trial. Most cases, of course, are settled before they go to trial.

    If your friend is worried that he will be sued by his ex, that means he would be the Respondent and his ex would be the Plaintiff. However, if he doesn't know for sure he is going to be sued, then he might not necessarily need to hire a lawyer.
    thanks, man.

    he's not worried about her suing him. since we don't know how much she knew about the abuse, he doesn't want them going back to her at the end of the week.

    but things are still on-going. he's coming over and we can talk about what to do next.

  3. #2508
    Reborn Samurai Len Ikari145's Avatar
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    I'm glad the sick fucker is in jail at least. I'm sorry to hear what happened to your friend's daughter, man. You got my support for you and he to win the custody battle for her sake.
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  4. #2509
    Astonishing Member Lord Falcon's Avatar
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    Quote Originally Posted by master of read View Post
    thanks, man.

    he's not worried about her suing him. since we don't know how much she knew about the abuse, he doesn't want them going back to her at the end of the week.

    but things are still on-going. he's coming over and we can talk about what to do next.
    Oh, okay, I think I've got a slightly better picture now. Your friend's daughter had her incident when she was with your friend's ex (or at least was supposed to be under your friend's ex's responsibility). And now your friend is worried for his daughter's safety because he doesn't know how much the ex knew about the abuse, but under the custody agreement he is legally obligated to return his daughter to his ex's care at the end of the week. Let me know if any of that is wrong.

    In that case, yes, he's probably going to want to file an emergency motion with the court, assuming he can't come to some sort of agreement with his ex. It'll look like bad faith if he knowingly violates the custody agreement but fails to notify the court proactively. In such a case, lawyer recommended.

  5. #2510
    nice to meet ya! master of read's Avatar
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    Quote Originally Posted by Lord Falcon View Post
    Oh, okay, I think I've got a slightly better picture now. Your friend's daughter had her incident when she was with your friend's ex (or at least was supposed to be under your friend's ex's responsibility). And now your friend is worried for his daughter's safety because he doesn't know how much the ex knew about the abuse, but under the custody agreement he is legally obligated to return his daughter to his ex's care at the end of the week. Let me know if any of that is wrong.

    In that case, yes, he's probably going to want to file an emergency motion with the court, assuming he can't come to some sort of agreement with his ex. It'll look like bad faith if he knowingly violates the custody agreement but fails to notify the court proactively. In such a case, lawyer recommended.
    you got it.

    and there is NOOO way she's gonna agree to anything with him. she's too petty and evil-hearted for that, since she has tried to turn their kids against him due to the new baby being born.

  6. #2511
    Astonishing Member Lord Falcon's Avatar
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    Quote Originally Posted by master of read View Post
    you got it.

    and there is NOOO way she's gonna agree to anything with him. she's too petty and evil-hearted for that, since she has tried to turn their kids against him due to the new baby being born.
    Teaching kids to abhor the other member of a custody agreement tends to be a violation of the law as well. Proper evidence would be needed of course, but that sounds like something in your friend's favor in the legal arena if it has not been adjudicated upon already.

    But yeah, proactive sounds like the way to go here to give the court a neutral or favorable disposition towards your friend's good faith.

  7. #2512

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  8. #2513
    Reborn Samurai Len Ikari145's Avatar
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    Ladies and Gentlemen who voted this year, know that we just made a difference tonight and just took a major step forward to regaining our country's integrity. I think I can finally sleep a little better this year.
    Last edited by Len Ikari145; 11-06-2018 at 11:47 PM.
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  9. #2514
    She/Her Cthulhu_of_R'lyeh's Avatar
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    Quote Originally Posted by Len Ikari145 View Post
    Ladies and Gentlemen who voted this year, know that we just made a difference tonight and just took a major step forward to regaining our country's integrity. I think I can finally sleep a little better this year.
    Except for Alabama, the place where the "Ten Commandments" can now be taught in school, and a woman's right to choose has been made illegal.
    Yeah, but if you... man, we're getting into weird analogy territory, like if you disintegrated Superman's arms he wouldn't be able to go "fool! Little did you know that my arms and I are one and can be remade from me!" and will his arms back into being from pure nothingness. - Pendaran

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  10. #2515
    The Weeping Mod Sharpandpointies's Avatar
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    Quote Originally Posted by Cthulhu_of_R'lyeh View Post
    Except for Alabama, the place where the "Ten Commandments" can now be taught in school, and a woman's right to choose has been made illegal.
    ...I'm trying to think of something to say, and I have nothing.
    Why are we here?

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  11. #2516
    Archmanifestation of YOLO Noldere's Avatar
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    Quote Originally Posted by Cthulhu_of_R'lyeh View Post
    Except for Alabama, the place where the "Ten Commandments" can now be taught in school, and a woman's right to choose has been made illegal.
    Unless I've misread / misinterpreted the passed amendments in question, this is a slight exaggeration.
    This signature intentionally left blank.

  12. #2517
    She/Her Cthulhu_of_R'lyeh's Avatar
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    Quote Originally Posted by Sharpandpointies View Post
    ...I'm trying to think of something to say, and I have nothing.
    Quote Originally Posted by Noldere View Post
    Unless I've misread / misinterpreted the passed amendments in question, this is a slight exaggeration.
    The display of the "Ten Commandments" in Public School, is perhaps, given that it is to 'display' them openly in school; but why fight for the right to display them at all if the idea isn't to teach/explain it/hammer it into children.

    That public funds can't be used to defend this right in court, is something of a ... compromise; but this is Alabama.

    Amendment 2, however is far less open ended:

    "Proposing an amendment to the Constitution of Alabama of 1901, as amended; to declare and otherwise affirm that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, most importantly the right to life in all manners and measures appropriate and lawful; and to provide that the constitution of this state does not protect the right to abortion or require the funding of abortion."
    They didn't out and out say it's illegal, but it's basically illegal.
    Yeah, but if you... man, we're getting into weird analogy territory, like if you disintegrated Superman's arms he wouldn't be able to go "fool! Little did you know that my arms and I are one and can be remade from me!" and will his arms back into being from pure nothingness. - Pendaran

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  13. #2518
    Slime Time The Dog's Avatar
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    Next time... is a curbstomp.
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    - C.S. Lewis

  14. #2519
    She/Her Cthulhu_of_R'lyeh's Avatar
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    Inb4 Sigma wins.
    Yeah, but if you... man, we're getting into weird analogy territory, like if you disintegrated Superman's arms he wouldn't be able to go "fool! Little did you know that my arms and I are one and can be remade from me!" and will his arms back into being from pure nothingness. - Pendaran

    Arx Inosaan

  15. #2520
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