“hi, my step-children live in NJ and my husband and I are in PA. He has joint legal custody of children. my question is, numerous times on the phone and even in writing my husband has asked his ex to stop putting the children in activities that interfere with his visitation without discussing it with him first. they live 1 1/2 hours from us so for us to get them there is extremely hard. can a court force my husband to take them even though he has never agreed to take on that responsibility nor has he has the opportunity to be involved in the decisions of which activities they do? we feel its persistent and wilful interference with his visitation using the activities to entice them to not want to see him for visitation. any suggestions?”
Your husband can file either a motion for modification of visitation, or an order to show cause, and request either that the court a) modify the visitation schedule and during that time order his ex to stop interfering with his timeshare, or b) request that the court order her to stop interfering with his timeshare, respectively.
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State laws vary, and the above is intended as general advice, and not
direct legal advice regarding any one particular situation in any one
state. For direct personal legal advice related to your own situation
you should consult an attorney familiar with the laws of your state
and with your situation.
“I recently hired an attorney to file for chapter 7 bankruptcy. I was told up front that the bankruptcy would not be final until all fees were paid. However, I was under the impression that in the meantime something would be done to prevent further legal action from being taken against me. Specifically, I am being sued under an uninsured motorist law that says unless I pay a $10,000 deposit I will loose my drivers license. My attorney says that he won’t do anything until all fees are paid in full. I have paid him $700.00 of a $1300 total. Is this reasonable normal practice? I also told him that I wanted and assumed that my credit report(s) would be used to make sure all creditors were notified of my filing and that nothing was missed. He proceeded to say that he didn’t look at credit reports and only looked at current court filings to compile my list of creditors. How can he assure me that something isn’t overlooked? My credit report is the first thing that will be looked at in any future dealings. Is it negligent of him to dismiss utilizing it? Are my expectations unreasonable? I just feel like I’m not receiving adequate service from him. What do you think?”
It is reasonable for an attorney, particularly a bankruptcy attorney, to request and expect full payment before performing services for someone who may otherwise not (be able to) pay them.
As to what is considered acceptable - versus, say, negligent - practice in terms of due diligence when determining existing creditors, you would be best served by having a consultation with another bankruptcy attorney in your area. The bottom line is that the attorney relies on the client (you) to make sure that all creditors are listed, and it is your responsibility to list all of them.
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A house attorney has answered this question.
Contact This Author
State laws vary, and the above is intended as general advice, and not
direct legal advice regarding any one particular situation in any one
state. For direct personal legal advice related to your own situation
you should consult an attorney familiar with the laws of your state
and with your situation.