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240 Search Results for %22Family Court%22

January 7, 2013

The Education of the Perfect Paralegal

...ined in The WV Code. e. Statutes and the common law are interpreted by the courts. Family Court, Magistrate Court, and Circuit Court may not change the law, even a bad one. The WV Supreme Court of Appeals can declare a law unconstitutional. An example was the law that required a divorced father to contribute to his child’s college expenses. Apparently, Hawaii still has such a law, but ours was abolished because our supreme court almost certainly w...

August 13, 2013

Self Representation – A Family Court Tragedy

...he still “Want(s) my 50%.”, she is headed to an expensive trial to ask the Court to modify a one year old plan. Summary: Hire a lawyer, at least as a $200-$500 consultant! a. Don’t believe “them”; you do not know how and cannot effectively represent yourself. b. The Court cannot do more than a cursory review. In a trial, you have a crap shoot. c. Does she/he talk better than you do? You are even in more trouble. d. The mediator wants a settlement...

July 18, 2013

The State of Florida v. George Zimmerman – and Our System of Justice

...denied, fought his case well, self-represented, but lost. The U.S. Supreme Court Ruled he was entitled to a court appointed lawyer, at the State’s expense, because he was facing a possible jail sentence. The story is chronicled in the famous little book, Gideon’s Trumpet. I recommend it. Here is an excerpt from Wikipedia , and the url: Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark case in United States Supreme Court history. In it the S...

March 12, 2017

House Bill 2658: “The One Size Fits All, Children Can Go to Hell, Custody Law”

...e-write much of WV Code Article 48! The bill also provides that WV Supreme Court of Appeals’ beuracrats will create several “templates” or standardized form parenting plans that the courts can simply impose on the parties. I stress, these plans will not be tailored to the child. They will be “standardized”! Sounds like “1984” to me. Finally, child support is currently determined by a formula based on the number of “over-nights” contained in the pa...

November 18, 2021

WHAT ARE THE “RIGHTS” OF UNMARRIED PARENTS?

...hey either have to figure it out for themselves or seek help in Magistrate Court or Circuit Court. Most people can’t afford a lawyer for these cases, and usually, the person the property is titled to gets that property. So, there’s one argument for marriage! The issue of prenuptial agreements is outside of the scope of this article. The simple fact is that being married is the way you acquire wealth together. Living together without marriage is us...

September 28, 2018

A CONUNDRUM FOR FAMILY COURTS: WHAT TOOL FOR WHAT PROBLEMS? #2

...play in Welch, Logan, or Thomas? Not so well I think. Just like Magistrate Courts have only the domestic violence statute as a family law tool, it won’t be enough to have only collaborative divorce as The Family Courts’ tool. My point is WE NEED A BETTER TOOL KIT! A fair example is that I do not take any trip, do any mowing, or take on any task, unless I have my Leatherman tool; not just the micro, but the $79 version which contains a dozen tools....

May 23, 2018

YOU HAVE YOUR COURT APPROVED PROPERTY SETTLEMENT AGREEMENT: NOW WHAT?

...lication and denial letter! 8. Then follow up! You gave your word, and the Court ordered you to keep your word, so just do it! 9. Remember to transfer titles to vehicles. If the bank is holding the title, be sure that lender has a copy of the order/agreement. 10. Remember to exchange keys; and get receipts for them. For your home and storage buildings, know when you should replace the locks. 11. Do NOT put off dividing “the stuff”; get friends wit...

October 2, 2011

Lawyers and Language

...W what it means. It is a plain as day, but so far two other judges, family court, and circuit court, have failed to see it. You see, what I learned at Linsly is if they were talking about ‘another relationship’, you HAVE to look at whether there is an existing relationship!” There was one that they were comparing “another relationship” to, during over 17 hours of arguing over a two day period. It was their relationship, one in which they had lived...

April 8, 2010

Don’t Be Your Own Divorce Lawyer….#2

...unctions” percentages and be guided by them. At the temporary hearing, the Court looks back one year, and at the final hearing, the Court looks back two years. In theory, the father gets primary “residential care” if he stayed home and provided most of the care for the child, but just try to convince a 50 year old Family Court Judge that you were the “primary caretaker” (outdated term everyone uses!) of a two year old daughter. If you were, there...

August 20, 2010

Communicating with Those You Hate, or Who Hate You

...they try to do so secretively. But, when you want to use the recording in Court, the main thing the Court learns is what a “sneak” you are. No matter how bad the behavior of the other side, the Court will assume that you have “baited” the other side into the bad behavior. I learned from a family court judge a simple idea. Feel free to record such conversations, but always announce “on the record” that you are making the recording and that you are...