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240 Search Results for %22Family Court%22

October 21, 2014

When You Can’t or Won’t hire a lawyer? A $500 Option.

...may be “back to square one”. We try to draft agreements acceptable to the court, but we can’t guarantee the Court will understand your explanation or approve your agreement(s). And, while the Family Court is used to having self-represented litigants, the circuit court definitely is not. 16. My “consultation” includes a free PDF file of my “Blog Book” and other documents stored on a thumb drive. It is our compilation of most of my blog articles, “...

November 1, 2010

How an Attorney Can Be a Good Adversary

...f resisting settlement to earn a bigger fee, even if it appears to be true. 22. In Family Court, an outcome that is fair to both sides is usually better for the children. Barring serious domestic abuse, and some drug or alcohol problems, each party deserves to be treated with dignity and to leave the Court knowing the Court carefully considered their point of view. 23. Good adversaries bill fairly, and tender detailed, itemized bills, when seeking...

April 6, 2023

Judicial Ethics: America Owes Anita Hill an Apology and Clarence Thomas The Boot!

...and especially anyone arguing a case before the U.S. Supreme Court or any court! I would call out a liberal or moderate judge who did the same thing! According to “ProPublica”, NPR, and CNN, Clarence Thomas, controversial, ultra-conservative, Supreme Court Justice, who called Anita Hill a liar when she accused him of sexual harassment years ago, and his wife Ginni (notorious election denier), have accepted, for many years, hundreds of thousands o...

November 1, 2010

How an Attorney Can Be a Good Adversary

...f resisting settlement to earn a bigger fee, even if it appears to be true. 22. In Family Court, an outcome that is fair to both sides is usually better for the children. Barring serious domestic abuse, and some drug or alcohol problems, each party deserves to be treated with dignity and to leave the Court knowing the Court carefully considered their point of view. 23. Good adversaries bill fairly, and tender detailed, itemized bills, when seeking...

August 23, 2016

Future of the Law 2016

...ther, lawyers to provide unbundled and low cost services. If 70% of family court participants have no counsel, what if private attorneys has a way to provide thousands of people valuable services at low cost?! It is unrealistic to believe we can meet the needs of the poor, let alone the working poor, with free services from overburdened lawyers working in a high stress environment. In WV, there are so many lawyers dependent on the court appointed...

September 24, 2021

Checklist for Family Court Litigants: Initial Hearing.

...lawyer leans over to whisper a question, answer discretely and beyond the Court’s hearing, behind a cupped hand. “Stage whispers” make you look like an idiot and may “tip your hand” to the other side. _____ Because of the Pandemic, you may appear remotely; regardless, DO NOT SPEAK UNLESS SPOKEN TO OR ARE ASKED A QUESTION. _____ During the initial hearing, remember that you may have two kinds of questions, ones you want to remember to ask immediat...

January 27, 2020

Mediation: Slipping Away?

...my parent plan agreements. That should be up to the parties.” And a family court judge who I respect, former excellent mediator, ruled that “the mediation provision of a court-ordered parenting plan” is a “suggestion only”. What?! A “shall” order is only “a suggestion”?? A “stealth” custody law was passed by our legislature which essentially moves “shared parenting”, or what people used to call “custody” to a default 50%/50% for even marginally fi...

August 25, 2011

How a Lawyer Deals With an Unrepresented Party

...and mediations facilitate the settlement of a case. A properly trained and courteous staff helps you deal with the self-represented just as they help you 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 th...

December 5, 2014

“Legal Disability” – What Do a Soldier, a 17 Year Old, an Inmate, and a Hospitalized Mental Patient Have in Common

...u of supporting the child. That’s already the parents’ responsibility. The court has to approve the purchase of a car for the child to get to work or a computer for school use, or for the first year of college. My experience is the courts are not well disposed to such requests. It is a case by case issue. Where the injuries are severe and the settlement large, the parent often considers accepting a “structured settlement”, especially if the doubt...

March 6, 2011

Factors in Determining Alimony (Spousal Support), The WV Statute, Sec 48-6-301

...of the parties not to be fair and reasonable or clear and unambiguous, the court shall proceed to resolve the issues outstanding between the parties. (b) The court shall consider the following factors in determining the amount of spousal support, child support or separate maintenance, if any, to be ordered under the provisions of parts 5 and 6, article five of this chapter, as a supplement to or in lieu of the separation agreement: (1) The length...