• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

GrandmaB / IAAL / Jyoung - HELP!!!!!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ambr

Senior Member
I am trying to find a post that GrandmaB posted over a year ago. It detailed the basic questions that you need to be able to answer, the 13 pt test. I know that it isn't in use in most cases now a days, but I need to review the questions to form some ideas in my head.

Can you guys help!!!!
 


jyoung

Member
Ambr- I remember that post, did it have to do with relocation or custody? Florida uses something like that in their statute:


http://www.leg.state.fl.us/Statutes...e&Search_String=&URL=Ch0061/SEC13.HTM&Title=->2001->Ch0061->Section%2013

(d) No presumption shall arise in favor of or against a request to relocate when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact and access with the secondary residential parent. In making a determination as to whether the primary residential parent may relocate with a child, the court must consider the following factors:

1. Whether the move would be likely to improve the general quality of life for both the residential parent and the child.

2. The extent to which visitation rights have been allowed and exercised.

3. Whether the primary residential parent, once out of the jurisdiction, will be likely to comply with any substitute visitation arrangements.

4. Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent.

5. Whether the cost of transportation is financially affordable by one or both parties.

6. Whether the move is in the best interests of the child.

(3) For purposes of shared parental responsibility and primary residence, the best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to:

(a) The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.

(b) The love, affection, and other emotional ties existing between the parents and the child.

(c) The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

(k) Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.

(l) Evidence of domestic violence or child abuse.

(m) Any other fact considered by the court to be relevant.
 

Ambr

Senior Member
That is it!!!!! THANK YOU! THANK YOU! THANK YOU!

Okay - the latest update on the old lawyer.

I found a lawyer willing to review the appeals case with me and determine if the old lawyer was negligent. (Lawyers don't like doing this to other lawyers.)

I got a copy of my complete file from the old attorney. There is a request for an appeal, with the basic information on it. Then there is a letter from the appeals court stating that the proper paper work was not filed and that the appeal is being dismissed.

The new lawyer said that he needed the information that we were using as our basis to file the appeal. There are no notes of any kind in my file. The only thing I have to go off of is memory.

To be able to do something about the lawyer, I have to be able to prove that if he would have filed the paperwork then we would have been able to win the appeal and get the second hearing. So from the sounds of it, I need to basically write my ideas for the appeal.

So I am doing the research thing - AGAIN!
 
G

Grandma B

Guest
I'm glad jy was so prompt in pulling up that info for you. He's a gem!

I don't know how anyone could PROVE that an appeal would have been won. As you're well aware, in family court, there's no way to tell which way a judge (or group of judges) will rule. Since the appeal will be based on the evidence presented in the initial hearing, your new attorney should be able to proceed with the information in the file, i.e., transcript, etc.

Is this attorney giving you vibes that he's hesitant to file against the previous counselor? Do you have a good feeling about him?
 

Ambr

Senior Member
All those rumors about sue happy lawyers.....don't believe them. It took a LONG time to locate a lawyer willing to review the case. Most didn't get past the hello my name is Ambr and I am looking for a lawyer to handle a Legal Malpractice lawsuit. HAHAHA - go figure.

He was asking alot of questions and he seems very interested in it. Of course, he is working off of a % - so he only gets something if he wins. That is also a plus. Makes me think that he will fight a little harder.

We have the tapes, no transcript, of the original hearing. The old lawyer told me he sent the stuff off to have it transcribed. It never happened. The only info besides the rulings and the original filing papers was the paperwork that I gave him - the time logs, photographs, phone records, things like that.

The old lawyer was very highly recommended - this is a TOTAL shock!!!!
 

jyoung

Member
lawyers.....in my latest filing to the judge I included a strongly worded complaint about the tactics of my opposition, including ignorance of rules, failure to follow procedures on mandatory disclosure, violation of the pre trial order (he subpoened one of my listed witnesses (he had her name for months) for a depo on the day before the trial, then withdrew the subpoena when I filed a quash motion, but he succeeded in intimidating the witness so she didn't show up). Glad I didn't pay $70G's for this guy like my ex did. He's fighting now for attorney's fees although the current recommendations from the general master does not award any.
 

Ambr

Senior Member
JYOUNG - you are my hero!!!! I want to be just like you when I grow up. hahaha

I knew if there was research involved that you would be able to help me. :-)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top