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Jul 05

2009

Ask a Lawyer: Can a lawyer from another state be involved in my case?

Posted by Dads Divorce in Visitation , Rules , Procedures , multi-state , license , FL , denial , Ask A Lawyer

Question:

I received a letter today outlining a denial of visitation among some other requests from an attorney in NJ. Florida retains jurisdiction over my case and this attorney is not licensed in Florida nor has he entered an appearance with Florida regarding the case. Can this attorney be legally involved in my case? Should I discuss my case with this attorney or should I reject his letter? Do I have any recourse?

Answer:

I am not licensed in the State of Florida or New Jersey and therefore cannot answer you question specifically to the laws of those States. I do not see a problem with his actions to date. He has not practiced law in Florida and would likely pass the case to a local attorney if something is filed in court. He could attempt to appear pro hac vice in which he would request Florida to allow him to practice for this one case only. I cannot make a recommendation as to whether you should discuss this issue with the attorney or refuse to respond.

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Nov 29

1999

Ask a Lawyer: Transportation when license lost as a result of DUI

Posted by Dads Divorce in WI , Visitation , Visitation , suspension , Parenting , license , DUI , driver , custody , Ask A Lawyer , alcohol

Question:

My roommate was granted 50% custody. The schedule is 2 on, 2 off and every other weekend. He had been convicted of DUI and lost his license for 15 months. The ex will not allow him to drive while under the suspension. She has mandated that an alternative method of transportation must be used. The child is 7 years old. She is also not willing to drop her off and pick her up on the days that the child's father has visitation. The end result is the child stays with the mother. Does he have any right? Tthe divorce decree does state that the parent must drop of the child by 6pm. Which is currenty not being done. The father has tried to see his child but the mother says that they have plans, busy, etc.The father is is afraid the mother will now ask for money tp support the child because she is watching her more. Is there anything he can do? or just ride it out till the suspension is lifted (may 2006) Any info you can provide would be appreciated. Mari

Answer:

Allow me to preface my response with the disclaimer that I am not licensed in the State of Wisconsin. I sugggest your roommate find alternative transportation as soon as possible. The longer this goes on, the more likely Mom will try for (more) child support and full custody. Tell him not to sit on his rights, but to arrange to see his child by any methods. No court is going to require that Mom pick up his slack when he lost his license on his own actions. I suggest he get a plan in action quickly.

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