Plaintiff

Question: Should shared custody should be the default for parents who separate? I've heard they are trying to pass this law in CA. The only exception would be if one side could prove good reason why the other shouldn't (abuse, alcoholism, etc.) ps. Right now usually one parent gets sole custody and the other has to fight to see the child a few days a month.

Answer: I think it should. I benefited from shared custody and am happy my parents could put my sister and I before whatever their issues were with each other. As it is, usually one parent will try for sole custody and have to prove the other parent is unfit. So if that's going to be the case anyway, why not start on equal footing?

Question: If I get shared custody, will I still pay child support? If I get shared custody of my daughter will I still have to pay child support? I'm in PA if that helps...

Answer: In general, it will depend on the difference in incomes, and any rebuttable presumption arguments that is presented. This link will teach you more about it. http://Child_Support.Dads-House.org Federal Child Support Enforcement Handbook for Non-Custodial Parents http://ChildSupportRights.org http://Child_Support_Quiz.dads-house.org Have you considered Bird Nest Custody? http://bird_nest_custody.dads-house.org To learn a father's rights, join Dads House in Yahoo Groups. It's free to join, access all materials, and you associate with other fathers going through, and have already gone through, the same issues. We have an Educational Manual that teaches everything that needs to be known in addressing your legal issues. Mention your question here when asked why you want to join, as well as your state? http://groups.yahoo.com/group/DadsHouse/

Question: rotating shared custody x wife still called primary custodian mom wants to change schools dad objects? recours "rotating shared custody in florida. can wife change daughters school without any regard to fathers objection?? wife still considered primary custodian.. although their apparently are brand new rules dissolving these distinctions in further shared custody agreements

Answer: Most important factor - What does the child want? How old is the child? What is the dad's specific objection? Were the parents married and the custody directions part of the divorce court directions? If yes, then even if the parents were awarded joint legal care, it is the parent that was awarded physical care, custody, and control that has the greater leverage in these kinds of decisions. The bottom line is !! the best interest of the child !! Pick your battles based on that line.

Question: Can I claim head of house if I own the house pay major of the bills & my Bf lives with me & shared custody? of his son with another women.

Answer: Head of house simply means the spokes person for the household. If you own the house and pay the bills then you would be considered the head of the household. Unless you live in one of the few countries in the world which have sexist rules and regulations. If you did though, you certainly would not be living with a Bf you would have to be married.

Question: if parents have shared custody. Can she move out of state.? My son is legally separated. They have shared custody. With her the primary caregiver. Can she move my grandson out of state without his premission?

Answer: No, you have to go to court and have it okayed, like a change of address needs to be filed or something like that. It's different if it's just for a vacation, but actually moving out of state must have permission. Double check with a lawyer.

Question: What is the phrase / ruling that a judge can make when he determines that a plaintiff is wasting time? Isn't there a ruling that a Judge can make, or a argument defense can use when they believe that the plaintiff is continually stalling or trying to delay a ruling? EG. We have tried to settle a number of times with the plaintiff, and each time he chooses to ignore the settlement, but then takes 4 - 5 months to come back with counter settlements or filing for trial dates. Then he rejects his own counter settlements or cancels the trial dates, and waits another 6 months before pursuing the case further.

Answer: Some terms which might apply to this behavior: Vexatious - "Vexatious" means "without reasonable or probable cause or excuse." Black's Law Dictionary 1559 (7th ed. 1999); see also Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421, 98 S.Ct. 694, 700, 54 L.Ed.2d 648 (1978) (describing "vexatious" conduct in the Title VII context as being "frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith") Frivolous action - A "frivolous action" is one that is "[g]roundless ... with little prospect of success; often brought to embarrass or annoy the defendant." Black's Law Dictionary 668 (6th ed. 1990); see also Fed.R.Civ.P. 11. Abusive action - An abusive action is that which misuses or perverts the procedures of the court. An abusive action is one which can lead to no possible good, indeed an action in which a party is dragged through long and expensive litigation for no possible benefit.

Question: In small claim court in Ohio, is it permissible for the plaintiff attorney to ask for attorney fees? the plaintiff brought an attorney with him to the small claim court, and asked for the maximum amount allowed by the court ($3000.00), plus attorney fees , which make the total above the maximum allowed by the court.

Answer: YES, attorney fees would be in addition to any judgment by the court.

Question: Can one be sued without notification from the plaintiff? Recently I was reading the paper and realized my family was being sued by the city. This was much to my surprise as the paper was nearly 2 weeks old! So, I was wondering if lack of notification from the plaintiff was punishable in any way. Thanks.

Answer: No. They were probably unable to locate your parents and petitioned the court for alternate service. In this case, apparently it was through the newspaper.

Question: Who is the plaintiff and what is their argument in the Tinker vs. Des Moines School District case? I have to do this project for school and I need to know who the plaintiff is in the Tinker vs. Des Moines School District supreme court case and I also need to know what the defendant's argument was and the outcome. Summaries are fine. Tinker vs. Des Moines School District 1968

Answer: Tinker was about free speech in schools. Plaintiffs (sibling students) said wearing arm bands to school protesting the Vietnam War was an expression protected under the 1st Amendment. School district said essentially 'no free speech in schools, and it was disruptive.' The kids won. It is mainly important today because the Tinker Test is still used for these types of cases.

Question: In WA state, can a creditor/plaintiff force an employer to verify employment of an employee who is the debtor? Small claims ruled in favor of the plaintiff/creditor and there is a judgment against the debtor. The employer has thus far "stonewalled" the plaintiff/creditor. BTW, the debtor has never paid a cent for thousands of dollars worth of work.

Answer: You need to go back to the court and request a wage garnishment order to collect on the judgment. The employer can not stonewall on that. I believe you might be able to get up to 25% of their net takehome pay garnished and sent to you.

Question: A plaintiff did construction to a theater and wanted final balance and the defendant refuse to pay. What rule? The plaintiff brought an action to collect the final balance owed for the construction of a theater. The defendant refused to pay, claiming that certain small items in the contract had not been preformed, although he admitted that the cost of completing the omitted items would be small. The plaintiff's action was for the final balance less the cost of finishing the omitted items. How would the court rule in this case? Using real terminology

Answer: Under the doctrine of "substantial performance," the contractor would argue that his work was so closely equivalent to the theater owner's demands that it would be unjust to deny him payment. The classic case is Jacob & Youngs v. Kent 230 N.Y. 239 (1921). If the court found that the contractor's work constituted breach, the contractor would still be entitled to recover the value of his work under the doctrine of unjust enrichment - the theater owner would enjoy a substantial benefit at the expense of the contractor, something the law cannot allow.

Question: Do jurors have to decide the monetary compensation for the plaintiff? if the plaintiff wins does the jury have anything to do with how much money is in the settlement? if the plaintiff wins does the jury have anything to do with how much money is in the settlement? is this always the case?

Answer: If that's part of the judge's instructions to the jury; they will be given guidelines.

Question: Why is it somewhat easier in a civil case for the plaintiff in a jury to gain success against the defendant? Why is it somewhat easier in a civil case for the plaintiff in a jury to gain success against the defendant than it is for the state (prosecution) in a jury trial against the defendant?

Answer: Civil trials and criminal trials have different burdens of proof. In a civil trial, the plaintiff is only required to prove with a "preponderance of the evidence" that the defendant is guilty. This is usually explained to the jury as "more likely than not", or in numerical terms, more than 50% likely. In a criminal trial, it has to be proved beyond a reasonable doubt that the defendant is guilty. There is no good or approved explanation of what this means, and it is very difficult for a judge to instruct a jury on exactly how sure they will be. But it is considered to be a much stricter standard than the more likely than not. I mean, ask yourself, if you have to decide something by knowing beyond a reasonable doubt that it something is or is not correct - you're going to have to be almost certain. The reason for this difference in burden is of course because the consequences of being convicted in a criminal trial is much larger than in a civil trial. Edit: Just to correct one statement made below. Whether hearsay or not is allowed in a trial is not at all relevant to whether it is a criminal or civil trial. In general, hearsay evidence will only be allowed if it is a bench trial (meaning no jury, the judge makes all the decisions). The argument for this is that a judge is less likely to be manipulated or distracted than a jury might be.

Question: does a Plaintiff residing in CO have jurisdiction over a Defendant in PA in a small claims case? I am being sued in Small Claims Court in Routt County, CO. I did not show up for the hearing date. I reside in York County, PA. A Default Judgment was entered against me. Does Plaintiff and/or CO have jurisdiction over me? Service of the Complaint was made by certified mail.

Answer: yes, usually. the things that generally determine where jurisdiction should be: where the plaintiff resides where the incident occured and where the defendant lives. if 2 of 3 occured in CO then your on the hook. its called long arm jurisdiction you should try to file a motion for new trial.

Question: What is the possible benefit as a plaintiff in a custody case to fail to answer discovery, and...? and fail to send out discovery to the respondent as well? My attorney will be filing a motion to comply. Just can't figure out what the possible benefit of handling things this way would be, as it would appear to hurt the plaintiff's case.

Answer: There is no benefit. In fact, it will hurt them in the long run, becuase these delays and motions to make the person comply will just anger the judges in most cases because the other person is wasting precious court time by just being lazy. There is no benefit, or "strategy" here, just stupidity.

Question: What does a plaintiff have to prove to be successful in a wrongful dismissal action in Ontario Small Claims? Also, what should the plaintiff ask for in the pray for relief and what common defences my the employer have to this claim?

Answer: have you spent time readining up on cases at www.canlii.org all the laws for all of canada and ontario there. then go to the attorney general of ontario website. read up on the rules for small claims. all there. lots of reading to do. read up on small claims and court rules for those topics. have you talked to duty consel at the courts?

Question: Is a plaintiff obligated to sue all defendants if the defendants are jointly and severally liable? When people have joint and several liability - say regarding a contract - do plaintiffs have to sue all the defendants, or can they pick and choose which ones to sue, even randomly? How about just JOINT liability - now must plaintiffs sue all the defendants?

Answer: No, however it would be poor judgment not to. With possible multiple defendants, but not all named, those named would point the finger that liability lies in the other defendants. The defendant would file a counterclaim naming the unnamed defendants. The role of the jury is to apportion fault among defendants, and according to state law the money may be prorated per the verdict. Therefore is a defendant is not named and they are found at fault (even proportionatly) the plaintiff will be out that sum of money. This is a loose explanation as variables such as state law as to joint and several liability and the required percentage of fault varies signifcantly between states.

Question: how much time do a lawyer have after she has filed the plaintiff wrongful death lawsuit and contact them? About the status of the filing.when will the plaintiff know when the lawsuit has been file in the courts of georgia.And can the defendants answer to the lawsuit fast. please i need alot of people to answer this question.

Answer: If you are the plaintiff, you should ask your lawyer or call the clerk's office where the case is to be filed. Some lawyers take cases and never quite get around to filing them, especially if the client has paid nothing up front. Usually costs, like filing fees, have to paid up front, but some lawyers imply the client has to pay nothing in advance. Gives them an out if they miss the statute of limitations. Stay on top of the lawyer.

Question: How many plaintiff medical malpractice attorney's are there in the United States? I would be very grateful for a citation as well. Thank you.

Answer: Very few who handle malpractice exclusively. Of those who have a general litigation practice that might sometimes include med mal, many thousands.

Question: I got a court judgement against plaintiff, how can I enforce it to get my money back? The plaintiff has money and property, but he just don't want to pay me back. Please help me with detailed opinions. Thank you.

Answer: By using the wide variety of legal and equitable remedies http://en.wikipedia.org/wiki/Legal_remedy available to judgment creditors, subject to the Court Order Enforcement Act in your jurisidiction http://www.bccls.bc.ca/cms/index.cfm?Group_ID=2655 No further info can be given as you have not revealed the nature of debt/judgment and EACH CASE IS DIFFERENT ACCORDING TO ITS F-A-C-T-S!