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98 Search Results for custody

May 17, 2022

A “SUMMING” LETTER TO A YOUNGER COLLEAGUE

...ation” and get many “hits”; also terms specific to a practice area, “child custody”, “alimony”, “car wreck”, “personal injury” or “medical malpractice”.   Getting a client to collect and organize information is a challenge, especially when emotions are high. “Digging down” is a manual or paper adaptation of the CaseMap case management system, now (in my opinion) overpriced and owned by Lexis/Nexis. The suite includes several useful modules includi...

July 7, 2010

So, You Think A Divorce May Be In Your Future?

...entered, initially or after a trial, it can give you a tremendous edge in custody and visitation issues. Remember, I said “properly” issued. I am not saying to file based on something frivolous. Not only is it just not right, but if the Court realizes you are using it, your efforts could backfire. c. If it happens, you have a mark on your body or other evidence, and you do not go to the emergency room and file for a protective order, NO ONE WILL...

September 25, 2018

A CONUNDRUM FOR FAMILY COURTS: WHAT TOOL FOR WHAT PROBLEMS? #1

...n accusation of domestic violence, magistrates may not determine temporary custody, possession of a house, or a car, or a pet. But with the violence accusation, they may order any of that relief, temporarily, without a hearing!) That makes it a powerful weapon that many people use. Do not get me wrong. Domestic violence is a very serious problem in West Virginia. From my experience 10% to 25% of domestic violence filings are completely legitimate,...

March 15, 2014

Divorce

...p. Without a workable parenting plan that spells out your rights for child custody, visitation and child support, you could end up back in court soon after your divorce to resolve disputes. Many unrepresented people have discovered domestic violence filings as their “portal” to the legal system. Many unintended consequences can follow, such as jail time, job loss and a permanent ban on the ownership or possession of firearms for the accused. I oft...

October 11, 2018

The War Between Women and Men

...cess, and related matters such as contempt, modification, enforcement, and custody, solely from the man’s perspective. 3. Sherry, in advocating to her clients that they inflict (metaphorically I hope) painful blows on the father of their child and or the man they planned to “love and honor” for a lifetime, stirs up rather than damps down hostility. 4. I have been solemnly told by clients of each gender that they have heard that I am “always for th...

October 17, 2018

GAPS IN WV FAMILY LAW

...e a “conclusion of law” that the parent receiving child support has actual custody. Inevitably, somewhere down the line, someone withholds the child and causes “all hell to break loose” because neither parent has an order establishing this simple fact. I have encountered this problem twice in the last month. 2. It is perfectly legal, even when a couple has lived together in one county for years, where no court-ordered parenting plan exists, for on...

March 15, 2014

Our Firm

...vil cases. I advise my clients in divorce and related issues such as child custody and support. I assist people who have been injured in auto accidents, in industrial accidents, by defective products and by medical malpractice. I also represent people who have been victims of bad faith settlement practices by insurance companies. During my career as a lawyer, I have handled nearly 3,000 family law cases. I have also represented people in hundreds...

May 4, 2010

Something Constructive: How to Organize the Facts in Your Case

...have to be organized, whether it involves a serious collision, divorce or custody matter, or fight over grandmother’s will. The software application CaseMap taught me how to organize information, into: 1. Object lists; before trying to tell a story, identify the people, documents, events, places and “things” that make up your case. a. For the people, have name, address, phone, e-mail, who they are, and what they know. b. For documents, list a tit...

April 25, 2010

Commitment to Clients

...blem” can be serious personal injuries, an abusive or unfaithful spouse, a custody dispute, argument over a loved one’s will, or an emotional dispute with a neighbor over a right of way or boundary line. A good lawyer empowers his client, settles the case if possible, and tries it competently if not. The wife of one of my clients accused him of “Drinking at least two cases of beer a day and watching porn on the Internet six hours a day.” His respo...