signguy
newbie
Reged: 03/03/11
Posts: 45
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How would one rebut the presumption that an individual is a flight risk with the child.? Haha. I laugh cause im prolly askin too much?
Also the party who asked for sole custody and placement to open the proceedings, if the opposing party gets any share how will courts rule when it comes to atty fees for the proceedings? Can either party ask no matter the outcome?
I just thought the prevailing party normally was awarded the atty. fees upon request.
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Renny
addict
Reged: 09/24/11
Posts: 479
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How did the flight risk become a presumption?
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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the prevailing party doesn't always receive attorney fees. At least not in WI. My x requested attorney fees from me when I made a request for a change in placement (with good reason). I did not win my case but the judge would not award attorney fees to my x because he felt that I did not act maliciously when I brought the case to court and felt that I believed I was acting in the best interest of my children even though he didn't feel there was enough evidence for me to "win".
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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signguy
newbie
Reged: 03/03/11
Posts: 45
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[quote]How did the flight risk become a presumption? [/quote]
I have no strong ties to the state where i am now, and visitation/ placement will take place. I dunno people are hinting at that.???
Maybe its just a ploy to bring something else up entirely different though too.....I wonder if GALs do that.
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Renny
addict
Reged: 09/24/11
Posts: 479
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I have no strong ties to the state where i am now, and visitation/ placement will take place. I dunno people are hinting at that.???"/ quote
It's not a presumption in the legal senses or any other sense if people are just hinting at it.
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signguy
newbie
Reged: 03/03/11
Posts: 45
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would the GAL be trying to lead me away from another topic that they will pop on me at court.?
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Renny
addict
Reged: 09/24/11
Posts: 479
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I don't follow you. the other topic would be what? Why don't you lay out the facts coherently so that we can give you our opinions?
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kkimberh
enthusiast
Reged: 03/24/10
Posts: 391
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Here's a thought spinny - Get.An.Attorney.
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I love therapy. It's like a talk show, where I'm the guest and the only topic is me.
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signguy
newbie
Reged: 03/03/11
Posts: 45
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the intial mediation filed by ex only cited drug and alcohol abuse and finacial iresponsibility. Now drugs and alcohol have seemed to take a back seat to the Abuse allegations.........I always thought it would come down to drugs and alcohol so in the past year i have taken 3 UAs on my own and kept the record. as well as an independant drug and alcohol evaluation here in kiddos hometown. Im gonna wait for final trial to enter that stuff into the record...I hope this is what an atty would have me do. What is a historonic" and how would that play into custody if my ex was that?
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signguy
newbie
Reged: 03/03/11
Posts: 45
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[quote]the intial mediation filed by ex only cited drug and alcohol abuse and finacial iresponsibility. Now drugs and alcohol have seemed to take a back seat to the Abuse allegations.........I always thought it would come down to drugs and alcohol so in the past year i have taken 3 UAs on my own and kept the record. as well as an independant drug and alcohol evaluation here in kiddos hometown. Im gonna wait for final trial to enter that stuff into the record...I hope this is what an atty would have me do. What is a historonic" and how would that play into custody if my ex was that? [/quote]
hows that
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