Emergency Family Law Needs
Attorney Tricia Dwyer has been rated 'Superb' multiple years (Avvo).
LEGAL QUESTION: Bio mom & I make a parenting contract 3 months ago. She now wants changes put in writing. She says my mother interferes whatever that means. I cringe at the word lawyer or lawyers. What's best to do?
ATTORNEY TRICIA DWYER'S ANSWER:Hello. Fuller detail would need to be known. I am all for peaceful, low key resolution, lowering 'the heat' not escalating it; and I strongly empathize with your desire to 'stay away from lawyers' :-) That said, your wrote of a 'contract' - private? a court Order? How did that 'contract' come to be - mom and dad? lawyer? lawyers? 'mediation'? 'mediator'? 'mediators'? 'collaborative law'? As to lawyers: In the event you choose lawyer help with this - or any other legal problem - I urge you be a good consumer - make phone calls, send emails - always remember lawyers are human beings & I guarantee you that each and every lawyer is different from the next!
LEGAL QUESTION: My ex pays me $746 per month child support for our 18 y old and 11 y old. She told me it's half that now because our eldest turned age 18. Truth?TTORNEY TRICIA DWYER'S ANSWER: Hello. A starting point is reading the child support Order itself. It is good you appear to know that your ex shouldn't be the one you turn to for legal advice.
LEGAL QUESTION: Judge has evidentiary custody trial set for 4 wks. from now. I'm trying to get a lawyer & was advised I need more time.
ATTORNEY TRICIA DWYER'S ANSWER: This is a partial reply, because a full reply could easily take hours :-) First: If you are going to have attorney help now, I urge you make phone calls pronto, talk to as many lawyers as possible, and choose one att'y you feel you can trust. How many calls? As many as it takes! You are in the greater Twin Cities, 100s upon 100s of lawyers. Some of us will provide reduced fee if you have financial hardship. Second: You 'were advised'? Always, always be wary of any and all so called 'free advice'. When I help people, for YOUR protection & best interest (and mine), always, at least a very brief, written agreement in place & we are in the Attorney-Client relationship, & I give legal advice on which my Client can rely. Third: Look at your own legal papers. For an 'evidentiary hearing/trial', unless mistake happened, the Judge/Court Referee would have made a written court Order that states specific deadlines (dates), and that Order will be very, very clear & specific.
LEGAL QUESTION: My ex wife is trying to stop joint custody. She's now lied and said I'm endangering our daughter for keeping her home one day. I kept her home because a bully boy slap @ed her at school & I have a principal appointment first.ATTORNEY TRICIA DWYER'S ANSWER: Hello. Based on what you described, it sounds as though you'll have plenty of proof of the truth.
LEGAL QUESTION: The mom of our kids has custody. A paper says she can make important medical decisions herself, no input from me. What about medical records-she won't give me those?
ATTORNEY TRICIA DWYER'S ANSWER: Hello. Excellent questions. I am not sure from what paper you are reading. It does sound as though you have a court Order - one or more court Orders - that discuss custody, parenting time, etc.; if so, please go to the end of that legal paperwork and you should see a legal paper that is called 'APPENDIX A'. That paper will specifically address the matter of child medical records.
Legal question: My 10 y old txtd me she doesn't want to be with her dad & is thinking of killing herself. My lawyer told me he's not comfortable asking to stop 50 50 & give me sole custody & he's withdrawing. Help.Attorney Tricia Dwyer's answer: Hello. Thank you. You are not alone, and neither is your beloved child, and your other loved ones. I've had specialized training, and special experience in mental health and illness including suicide ideation (thinking about committing suicide). First things first. Call 911 if there's worry or fear of imminent danger of bodily harm or death. Another option is getting the child to an emergency room. As to somewhat lesser degrees of worry and fear, typically med' ins' cards have a 24 hr. nurse/other health care providers line to phone. Health care providers include child psychiatry, child mental health, primary care. Presumably the child's in school, so there's teachers, and often school counselors and social worker/psychologist sorts of staff. As to you choosing a replacement attorney, I recommend you make many phone calls, send out emails, in choosing - be a good consumer of attorney legal services. Each and every att'y is different from any other; each unique. Based on what you wrote, I would deem the situation a legal emergency, as well as a health care emergency. Excellent your child is open and feels safe to share with you. Of course have good help now - for all of you.
Legal question: I am single mom of a 4 y old. The bio' dad smokes cigs' & I think he's a marijuana dealer. Bio' dad told me he's going to get custody; what's truth?
Attorney Tricia Dwyer's answer: Hello. General principles are that unmarried/single mothers, by law, are Mom/parent of a child born to them; in other words, a single mom who gives birth does not have to 'prove' she's the mom. However, unmarried men's legal rights are not 'automatic' or 'presumed', but, rather, are determined through law.
When custody and parenting time, or visitation (supervised or unsupervised), is in issue the question is always about what is best for this child, i.e., what serves the best interest of this tot/baby/kid.
Based on what you described, it sounds as though it is not helpful to YOU to be communicating with this person now; YOU are single parent, single mom, and it's best for YOU and your kid/kids that you have as low stress a daily life as possible.
I suggest you consider having formal legal advice from an attorney whom you choose - if I were helping you, I'd learn fuller facts of the situation from you, and then, just as I'd want if I asked you to help me, I'd tell you straight up what seems best for you and your family. In my own work I will provide reduced fee for need. Another option is you 'wait and see', but IMO that's not the best option of the two. Take care!
LEGAL QUESTION: I live alone with my 13 month old. The dad is in Florida; the dad has seen our child for literally maybe 7 minutes, and I paid for me to fly down there and stay in a hotel. He wants me to fly to meet his parents next, in Virginia. No child support. ?ATTORNEY TRICIA DWYER'S ANSWER: Hello. I hope you have some help with this. You stated you're a single parent of a very young toddler. It's very important that you have your life stress kept as low as possible - being a parent is an incredibly time consuming and stressful task. It sounds as though it's possible you're the sort of person who tries to 'take care of everyone' - just a thought which you should of course disregard if incorrect. You also wrote of you paying many items out of your own pocket; if I were assisting you, I'd talk more about that with you. I feel utmost compassion for you; you are tenderly caring for your child single handedly. I absolutely support you in setting down rules onto paper; from what you described, if I were helping you, I'd do my utmost to be clear, plain and unambiguous and protect you and your baby. Take care.
Attorney Tricia Dwyer's answer: If I were to help you, I'd need to know fuller detail. For instance, is this some sort of restraining order action such as harassment or an OFP (Order for Protection petition)? If it's what's known as a 'motion', one first step is that I'd review the existing legal documents.
Legal question: My ex won't share custody until our toddler turns age 4. Can I take my child to vacation in another state?
Attorney Tricia Dwyer's answer: You seem to be stating there was a divorce, and a legal paper called a divorce decree; that decree is a court order (if not, it sounds as though otherwise there's a child custody order in place). If I were helping you, one starting point may be reviewing the divorce decree itself, because sometimes specific words about the child going out of the state of MN are included. Because you raise the question, you may have some special worries or concerns about it, so, if appropriate, of course please carefully choose one attorney you feel you can trust and have confidential legal advice.
Send a private message now (include name of other adult involved).