Monthly Archives: February 2015

DAILY TOOL: Motion to Amend the Judgment

TOOL OF THE DAY: Motion to Amend the Judgment CATEGORY: Family Law Definition If there is a substantive error in your order, you can petition the court to amend the judgment. Under the Federal Rules of Civil Procedure you have ten days to request a correction of law or fact. Examples of substantive issues would…

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DAILY TOOL: Declaratory Judgment for Establishing Your Rights

TOOL OF THE DAY: Declaratory Judgment CATEGORY: Family Law If you are at the beginning of your divorce, consider filing a declaratory judgment. The definition of declaratory judgment is “a judgment that merely decides the rights of parties in a given transaction, situation, or dispute but does not order any action or award damages.” You probably guessed…

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DAILY TOOL: What if My Judge Does Not Believe in Equal Shared Parenting?

TOOL OF THE DAY: Equal Shared Parenting CATEGORY: Family Law What if your judge doesn’t believe in equal shared parenting? And what if the experts he relies on don’t either? Your judge is probably going to believe any therapists, GALs or custody evaluators before they believe you. And they might have been influenced by columnists/family…

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DAILY TOOL: Equal Shared Parenting Bills and Contacts

TOOL OF THE DAY: Equal Shared Parenting Bills and contacts CATEGORY: Family Law Thank you LW4SP for compiling all of the Bills circulating throughout the United States. Click on this LINK TO BILLS FOR EQUAL SHARED PARENTING.  

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DAILY TOOL: Should I File for Divorce?

DAILY TOOL: Divorce Alternatives — Should I file for divorce? CATEGORY: Family Law What do you do if you think your relationship is on the brink? What happens if you think the other parent is going to want a divorce? What if you have been separated, can the other parent just take off with the…

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Co-Parenting vs. Parallel Parenting – When it is healthier to disengage from the other parent…

DAILY TOOL OF THE DAY: Co-Parenting vs. Parallel Parenting – When it is healthier to disengage from the other parent… CATEGORY: Family Law, Parental Alienation Do parents need to get along in order to have equal time with their child? Should co-parenting be the standard for deciding whether or not the child gets equal time with…

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DAILY TOOL: Drugging Your Child

TOOL OF THE DAY: Drugging Your Child CATEGORY: Family Law (This post is being worked on.) Is the other parent prohibited from getting treatment without your permission? Does the other parent have to inform you of medical conditions of your child? Is your order in enforceable language? All of these are questions you will want…

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DAILY TOOL: Social Studies

TOOL OF THE DAY: Social Studies CATEGORY: Family Law Your family code defines what power the court has to order a social study. The code should also states what criteria has to be met before a social study can be ordered. In Texas Family Code section 107.051 the judge is given the power to order…

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DAILY TOOL: How Might a Child Therapist Affect Your Child Custody Outcome?

TOOL OF THE DAY: Child Therapists and Parenting Facilitators CATEGORY: Family Law Child therapists do not determine the best interest of your child unless you authorize them to do so. One way that you can counter some of what a therapist is testifying to in your case is to ask them questions that they have…

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DAILY TOOL: What Did the Court Just Teach Your Children?

TOOL OF THE DAY: Empowering Children in Harmful Ways CATEGORY: Family Law Culture Has your judge ever asked you to “Think about what you two are teaching your children?” Asks you how you want to influence them and what you want to teach them. And then the judge strips one of you of most of your…

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DAILY TOOL: Can the Judge Interview My Child in Chambers?

TOOL OF THE DAY: Interviewing a Child in Chambers CATEGORY: Family Law Can the judge interview my child in chambers? What if the family code statute says he can and my attorney says he can? Is there anything I can do to stop this? Today, we are discussing whether or not this is allowed under the…

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DAILY TOOL: Why Should You Have Hope When Family Courts Just Keep Winning?

TOOL OF THE DAY: Hope CATEGORY: Family Law Reform Hope is one of the most powerful and energizing emotions. Without hope people fall into despair, depression, and helplessness. Have you ever watched a show and found amazement in human strength in a story of someone overcoming all odds? Most of the time, the person didn’t let the…

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DAILY TOOL: Mediation…Top 5 Reasons Mediation Fails!

TOOL OF THE DAY: Mediation CATEGORY: Family Law [THIS POST IS STILL BEING WORKED ON.] How do the divorce courts use mediation? I remember being shocked the first time I went through mediation. First: you never put someone through mediation when their children are being held hostage from them. Second: you never force mediation onto…

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DAILY TOOL: Does Right of First Refusal Feed Narcissists?

TOOL OF THE DAY: Right of First Refusal CATEGORY: Family Law Statutes “Right of First Refusal” is the hidden door that gives narcissists and domestic abusers a free pass to continue to harass you. We discuss this later in the post, but first let’s address how you might think that it is a good thing…

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DAILY TOOL: Motion for Protective Order Sample Template

TOOL OF THE DAY: Protective Order Sample Template CATEGORY: Family Law Templates If you have been served discovery, asked to do a social study, psych eval, custody evaluation, submit to a counselor or any other type of search you can ask your attorney (if you have one) whether they can file something like this on…

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DAILY TOOL: I told the Judge No, Now What? Protect Yourself from Family Court Discovery…

TOOL OF THE DAY: A Simple Proven Method for Protecting Yourself from Discovery CATEGORY: Family Law Procedure When a divorce is filed, the judge makes orders right away. These orders trigger things that you will be told that you have to do. We help you understand what is happening in ways that your attorney might…

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DAILY TOOL: Help How Do I Prove a Statute Unconstitutional?

TOOL OF THE DAY:  When is a statute constitutional or unconstitutional? CATEGORY: Family Law Okay so you told the court that you believed the statute was unconstitutional, but the Judge disagreed and said that the appellate court in other cases found the statute that you are challenging as constitutional, now what? Can you salvage this…

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Daily Tool: Habeas Corpus Sample for Protection if you Refuse to Submit to Family Court Orders…

TOOL OF THE DAY:  Habeas Corpus Motion Sample CATEGORY: Family Law Procedure Are you facing a hearing where the court is threatening to hold you in contempt for not giving in to demands for a psych eval, custody eval, social study or something else that invades your privacy? Everyone could use a little protection when…

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