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WB.com legal advice???

 
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joedirt00
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PostPosted: Jul 17, 2013 7:51 pm    Post subject: WB.com legal advice??? Reply with quote

Ok I know some of u guys are in the legal field here. Maybe I could mooch some free advice. Here is the situation, short version. I have sole custody of my 2 kids and have since the divorce. Ex wife is an alcoholic and bailed right after everything was signed. Fast forward 2 years. She files paperwork to take custody of the kid. I spend thousands of dollars fighting it. Court date is set and me and my attorney show up. She no shows and the judge dismisses her case. so here I am nothing in the paperwork has changed, I didn't even get a chance to plead my case for her not having them, so its like it basically didn't happen except I'm lacking some funds in my bank account. do I have any recourse? my attorney said that because it was a clean dismissal and the judge didn't award anything that I am pretty much screwed. anybody have any advice?
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haugy wrote:
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-If you grab a girls hair, and it comes off in your hand, don't laugh, that could have been the best sex ever.
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jgriffith
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PostPosted: Jul 18, 2013 5:07 am    Post subject: Reply with quote

The award of attorneys fees is statutory in Texas (only available if specifically provided for by a statute), not sure about your state. I'm sure every state is different.

Might be some sort of frivolous claim award of attorneys fees, if you can prove bad faith and/or harassment. However, I have no idea what the burden is on those types of claims (not a trial attorney).

I'm sure your attorney would have gotten attorneys fees if he thought he could.

That situation sucks, good to see good dads out there! I just have one kid and can't imagine being a single parent.
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joedirt00
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PostPosted: Jul 18, 2013 5:41 am    Post subject: Reply with quote

She is a literally the crazy ex. I had to file harrassment charges on her twice. Pleaded guilty on both cases. Plus all my witnesses for the custody showed up to tell how she was looking to buy drugs when she came to visit the kids. She has a dui and her random ua tests as a condition of that showed up with opiates twice and meth once. Also I really didnt need to keep records because there were so many police reports the city and county basicly did it for me. Been a loooooong 2 years.
And yes single parent is tough. Been struggling with whether or not to fill the open position. Kinda use to it being just the 3 of us.

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haugy wrote:
My advice:

-If you grab a girls hair, and it comes off in your hand, don't laugh, that could have been the best sex ever.
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pet575
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PostPosted: Jul 18, 2013 5:59 am    Post subject: Reply with quote

joedirt00, I wouldn't think you have much recourse other than a malicious prosecution/abuse of process type of case against her. The big question I'd have about pursuing that is, "What for?" Sounds like she wouldn't be able to pay and/or you wouldn't be able to collect even if you won and got a judgment.

Agree with the above statement that your attorney would have requested attorneys' fees if he thought they could be had. Again, though, could you have actually collected it even if you were awarded attorneys' fees?

Sorry you're dealing with this. Odds are she knew you'd have to pay and that was what she was really looking to accomplish. Sucks.

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joedirt00
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PostPosted: Jul 18, 2013 9:46 am    Post subject: Reply with quote

I doubt that I could collect a dime but in oregon she can open a custody modification case at anytime. I feel that if there is a judgement against her on this case that if she files another case in the future which I'm sure she will, it will be more dificult for her to do that.
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haugy wrote:
My advice:

-If you grab a girls hair, and it comes off in your hand, don't laugh, that could have been the best sex ever.
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Partyb
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PostPosted: Jul 18, 2013 12:30 pm    Post subject: Reply with quote

here is my legal advice:
Don't get legal advice on the internet. You already have a lawyer. If you don't like his advice get another opinion from a lawyer IN YOUR JURISDICTION.

Please explain to me on what planet the legal advice found in non-wb forum on wb.com is going to help you?

If you want to commiserate about your plight, go get some beers with your buddies at the strip club or out on your wb boat. I'm sorry, but these posts are totally pointless.

Feel free to rant, complain, etc...this is a free for all forum, but to think you are getting applicable legal advice better than your attorney is redonkulous.
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ohsix
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PostPosted: Jul 18, 2013 12:39 pm    Post subject: Reply with quote

Partyb, maybe he doesn't have access to free legal advice from a lawyer in his jurisdiction. Why not run it by a couple of lawyers outside his jurisdiction for free to see if it's worth it to pay a lawyer in his jurisdiction for their opinion?

jgriffith and pet575 were able to provide their non-condescending advice for free. I think Chattwake is also an attorney. Last I remember DRAGON88 was going to law school in Oregon, so there is an outside chance the OP could have gotten some free legal advice from a lawyer in his jurisdiction.
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tball
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PostPosted: Jul 18, 2013 5:56 pm    Post subject: Reply with quote

+1. Even after 10 years of wasting time on this site, I'm regularly astounded at the talent and knowledge that passes through these threads. I think this is in-bounds for discussion. I don't think he would print this thread and label it Exhibit A, but the collective experience of diverse folks adds context and perspective; could even bring up an angle his lawyer may not come up with on his own. No harm.

Also interested since my wife filed for divorce last week and I am a stunned mullet. Two kids. Ooof.

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Chattwake
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PostPosted: Jul 18, 2013 7:50 pm    Post subject: Reply with quote

Oh god man I'm so sorry to hear that.
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vette74
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PostPosted: Jul 19, 2013 5:12 am    Post subject: Reply with quote

tball, Sorry to hear that.
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joedirt00
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PostPosted: Jul 19, 2013 5:44 am    Post subject: Reply with quote

Partyb, there's a lot of of people here that know a whole lot more on different subjects than u and me. There is nothing wrong witb getting a different perspective from people to see if my $200 dollar an hour lawyer didn't miss something.
tball, sorry to hear that. Not gonna lie but its gonna suck. Tough to go thru. Even tougher with kids. Good luck to u.

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haugy wrote:
My advice:

-If you grab a girls hair, and it comes off in your hand, don't laugh, that could have been the best sex ever.
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Partyb
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PostPosted: Jul 19, 2013 6:22 am    Post subject: Reply with quote

ohsix, he already has a lawyer, and can go speak to another as they usually offer a free initial consultation, also he can call various referral programs and pro bono projects if he is so strapped for cash. Moreover, he can actually pay another lawyer for an hours of his time give a quick look at this.

OP, nobody on wb.com knows your case, your exwife's case, the law in your state, the law in your county, or how that law is applied in your particular court system and by your specific judge. To think someone does is a futile exercise and waste of bandwith. Quite frankly, about 75% of clients that come to me with a problem don't even focus on the correct issue. They have a problem, they think the issue "A", but the issue is really "B." They leave the most relevant facts out, not b/c they are bad people or lying, just b/c they don't know what is relevant and what is not.

Any attorney on here will tell you the best advice is to get a second opinion from an attorney in your jurisdiction. Maybe that person is not a jerk like me, and actually gives some hints in a general direction, but if that attorney does not end the conversation with "you should get a second opinion with a attorney in your jurisdiction" then that attorney is not giving your proper advice.

Mastercrafts, and titties, and Wetsounds speakers are all the same in every jurisdiction, not so with your custody case.

Meanwhile, you won dude. She didn't show up, her case was dismissed. Why would you need to now to tell the judge why she should not have them. Now you want attorney's fees. I get it. But I'm assuming she has no money...probably why she did not hire an attorney and show up. So, I'm sure you can go pay your attorney to fight for these lost legal fees that she will likely not ever pay. For your sake, for the kids sake, for the fact that you want to spend good money to chase bad money that you will never see; seems like your attorney told you the right thing.

I get it, you got screwed out of money. Welcome to domestic relations.

I'm sorry, but this is a huge pet peeve of mine.

PS: Sorry, I know that MC wakes are bigger, titties are firmer and younger, and wetsounds speakers are louder in Texas. No need to mention it.
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goofyboy
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PostPosted: Jul 19, 2013 7:58 am    Post subject: Reply with quote

1. Tball - sorry to hear about your situation. that sucks. good luck.

2. partyb - this isn't a cooking site, yet we ask for help with cooking. asking for advice or for a push in another direction to learn more information is not out of line here. You're right, no one knows the full case, but that doesn't mean that NO one on here has been through something similar that could maybe push him toward another answer. Also, you are assuming that his lawyer is the know it all of the legal world where he is.

Relax man, he's just asking a question.

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Partyb
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PostPosted: Jul 19, 2013 12:13 pm    Post subject: Reply with quote

goofy, i'm sorry that you don't understand that I can bake a cake the same way in FL that I can in NY, but I can not do the same with a complicated lengthy legal matter that involves someones actual life and the lives of their children. I graduated law school 20 years ago and it is my opinion that it is pure folly to seek legal advice of such a specific nature especially on a wb.com non-wb forum.

I'm not assuming his lawyer is the know all, that is why I recommended a second opinion from another lawyer in his area. Not from goofyboy.

Im relaxed man, don't worry.

He would be significantly better off even googling the legal issues in his state.

And yes, I understand that everyone has grown up on this board and became adults, it's quite amazing actually hearing about everyone who was here just after "the crash." It is quite awesome has everyone has turned out and into smart, successful non-wb'ers. I commend us all. And yep, you guys are great with video games, shaving, cigars, stereos, hot babes, where to spend your vacation, etc...but this IS different.

As always, I remain open to questions from the wb.com community, pm or email me, but I'm not gonna blow information up someone's butt that isn't honest and useful.

Got a lil' carried away there, gonna go catch fish and make out with a hot babe now. peace
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jgriffith
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PostPosted: Jul 19, 2013 4:21 pm    Post subject: Reply with quote

Partyb, is right. joedirt00, please disregard all of the specific legal advice given to you throughout this thread...
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