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94 Search Results for "Family Court"

September 10, 2016

2016 WVU College of Law Family Law CLE

...hear an experienced family law children’s guardian ad litem who, with her family court judge’s encouragement, had acted when the WV DHHR, Child Protective Services division and local prosecutor woulld not act and iled her own juvenile abuse and neglect petition in circuit court in order to protect her wards. This is the kind of innovative approach that family court must be open to in order to meet the needs of WV families. Not everyone who practi...

August 25, 2011

How a Lawyer Deals With an Unrepresented Party

...deal with other attorneys. g. At appropriate times, communicate with your family court judges so that they have some idea of how you deal with self-represented litigants. Every judge knows of cases lawyers have brow-beaten and cheated a self represented party. Show the Court that you always do the right thing. You do it for the same reason that you don’t take that magazine out of your dentist’s office. Your mother taught you better, and it’s not...

March 12, 2017

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

...use the parents decide not to spend the money or time on mediation. Sadly, family court tends not to enforce the mediation requirement. A relative few disputes are taken back to mediation. The system would work better if judges enforced the mediation provisions of parenting plans. The “Time with children” allocation is determined by many factors, but, the younger the child, the more the court tends to look at what the parents did voluntarily befor...

April 8, 2010

Don’t Be Your Own Divorce Lawyer….#2

...statement” to be admitted over a “hearsay” objection. And don’t expect the Family Court Judge to spend hours with the “self represented”. There are “windy lawyers” who want the Judge’s attention too! There are times when a letter can be invaluable, but you don’t know when that is, and I don’t have time here to tell you. 2. Make a List of Everything You Own and Everything You Owe. The rules require you to file a “financial affidavit” containing thi...

December 28, 2022

2023 Legal Resource Guide, Personal Injury, Family, Civil Litigation, and Your Legal Checkup.

...er III (hunterlawfirm.net)   More ideas on improving family law mediation: Family Court Mediation Streamlined – Some Ideas – Attorney J. Burton Hunter III : Attorney J. Burton Hunter III (hunterlawfirm.net)   Collegiality, Unbundling Legal Services, and Common Sense Lawyering   Collegiality, Mediation, and Problem Solving: Mediation, Collegiality, and Professionalism – Attorney J. Burton Hunter III : Attorney J. Burton Hunter III (hunterlawfirm.ne...

November 18, 2021

WHAT ARE THE “RIGHTS” OF UNMARRIED PARENTS?

...el cannot work things out, the parties can expect to be sent to a trained “family court mediator”, on the court’s mediators’ list, and, more often than not, they will negotiate a parenting plan that the mediator will draft and submit to the court for approval. Parties with lawyers can even send in their parenting agreement and agreed final order without attending another hearing! What is the cost of such an experience? I ask in return how much doe...

October 2, 2011

Lawyers and Language

...e would lose the “free housing” benefit of the pre-nupt. Nevertheless, the family court said “another relationship” meant “any sexual relationship” and denied her a benefit worth $100,000 even though fault was determined to have been the Husband’s. I simply said to the Supreme Court that if the family court or the circuit court had applied the plain, simple, grammatical meaning to “another relationship”, my client would not have had the agony, del...

May 23, 2018

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

...form language online for QDROs. But do not try to do this yourselves. Many family courts require them to be prepared by a lawyer. b. Some pension plans, including the military who won’t divide a retirement if it is less than ten years, require you to make a “survivorship election” that you may have already done. If so, that’s binding. c. Such an election decreases the overall monthly benefit by approximately 10% as it lasts for the longer of two l...

October 24, 2013

If I Could Know Only Ten Things About My Family Law Case, What Would They Be?

...https://hunterlawfirm.net/?p=389 3. Your case will be governed by: a. The Family Court Rules; b. The WV Rules of Civil Procedure; c. The WV Rules of Evidence; d. The WV Rules of Appellate Procedure; f. WV Statutes; g. WV Case Law; and h. The quirks and traits of your Family Court Judge. (Unless you are very determined, you know none of these things!) 4. The right lawyer can provide you an invaluable consultation and guide you to these and other i...

August 23, 2016

Future of the Law 2016

...iation, implementation of mediation in virtually all cases, and conforming family court mediation rules with civil actions, the primary response was that it wouldn’t work. I think it will and will continue to espouse fewer impediments to creative mediation. “Pro bono services for the poor.” Pro bono services (pro bono publico, “for the good of the public”), as a duty of our profession, was strongly in place when I returned to the civilian bar in 1...