My ex isn't following the FCS report.Can she get in trouble by the judge on this?

The FCS report stats that is a parent is to step out of the home for more than 4 hrs or overnight that the other parent should be notified.My ex gf was pregnant w/her fiance's baby & i told her if she goes into labor at anytime i want to be notified so i can get our 3 year old.Well she went into labor at night and she never called me.My ex had her sister watch our daughter in the waiting room while she was in labor for more than 4 hrs and while staying the night in the hospital.Also on the FCS report it says neither parent should use corporal punishment,but my daughter told me her step dad has slapped her hands because she was in the trouble.I went from %28- %36 custody because the mediator said i should gradually get to 50/50.I'm filing a motion for 50/50 this moth.Will this help my case?

Nathan’s Answer

Your chances of obtaining 50/50 increase the more you get along with the ex. The hospital issue is not one I'd hang my argument on, but the corporal punishment argument may be strong if you can gather more evidence and present what you've learned to the judge coolly at the hearing for motion.

I had a midemeanor but i did my clases and my case got dismissed can I still apply for the dream act?

What can I do?

Nathan’s Answer

It is not clear if you had a conviction or not. If you did, and expunged the conviction, you can still apply, but the authorities will see your record, and the expungement. If you were not convicted, you may have been arrested and/or had charges filed against you nonetheless, and those may still be available to the authorities for review. You can still apply, but there are no guarantees because the review of the authorities will even look at the type of misdemeanor you "had." If it's a DUI or related to domestic violence that would not be good as it would qualify as a serious misdemeanor.

I got caught with marijuana when i was 12 do i still qualify for daca?

i have everything alreaday signed but i havent said anything about me getting caught , i attended court, i did get caught in school by a teacher did not get arrested, court send me CBI to complete 6 months of pee testing, graduted, the sponsers sended the diploma to court. im 20 years old as of right now .

Nathan’s Answer

You still qualify, and if you are 20 years old, you are an adult, and could meet with an attorney to arrange putting your application together. It would be wise to obtain your record so ensure there are no errors as they are common on background checks.

Is this considered fraud? (Deferred Action/DACA related)

I have some Amazon invoices that I want to use as evidence and they ares under my name. I normally use my mom's credit card to buy stuff and I put my name on the shipping and billing address section of the info. Is this considered fraud?

Nathan’s Answer

It sounds as if you wish to use this sort of material as evidence in some sort of adversarial action. But you hesitate on the basis that the evidence you wish to use may be tainted by the way it was used by you. If a tribunal gets the impression you unlawfully used Amazon by reviewing the invoices, you may get into trouble, the kind of which will harm your DACA application. You may want to speak to an attorney to ask your question in person so they can ask you more details about your situation.

What happened after mediation?

I have attended a mediation with a company I'm suing for for the death of a family member. We reached an agreement amount of compensation. So what is the process next? and how long will it takes to get the money pay out to me and my kids?

Nathan’s Answer

I do not practice in Texas and would ask that you consult with a Texas attorney to review your case if you so feel inclined. However, I can say as a California licensed attorney and mediator, that typically, mediation agreements should address how payouts of settlements are to proceed.

Some agreements may have payments made out in a lump sum, while other agreements may have settlement payments made out in installments. Some mediations are actually split so that the figure is negotiated and agreed to, with another mediation then following to arrange for how the payment should be made.

If you feel that the mediation agreement you may have reached does not address the issue of when and how you'll be paid adequately, you may want to speak with an attorney to find out what can be done. Additionally, I would review the mediation agreement, if one was made, for confidentiality agreements you may have signed on, to determine if you should only speak with an attorney, or the other side that was at the mediation to decipher when you will be paid, if this was not adequately fleshed out in the mediation agreement.

Does the judge always adapt mediation report

Ok we went to mediation before and the mediatior suggest i do a substance evaluation. I went january 3rd 8 days prior to court we were rerefered back to fcs. I had finished my evaluation but report wasnt in on that day. I went the following day and turned it in. The mediator didnt even review it. It was a court appointed evaluator and her finding was that there is no evidence that i have any issue and suggest i be granted my 50/50 custody. Since mediator didnt review it will the judge and will he take this into consideration mediator suggest supervised visits until my substance abuse evaluation is back. So will the judge just adopt the recomendation or will he use his brain and see for his self that she was lying and isnt the counselor like a court expert since thats who they refered??

Nathan’s Answer

It would be incumbent on a party to make any points they believe are appropriate to a judge when they are not represented by counsel. Mediators do not make final determinations as they can only recommend or suggest as this mediator has done here, so if a suggestion was made to report to an evaluator, and a party did, the evaluator may forward their findings to the court. As other counsel has mentioned, a party will want to confirm the judge was made aware of these findings, if that was the party's goal to begin with.

Can my New husband participate in the Mediation?

We have been living together for 5 years with my children and married for 2 years. He pays 110% for our needs and wants.

Nathan’s Answer

Anyone can participate in mediation as it is a voluntary process. Anyone can refuse to participate in it also however, unless court ordered, and even then, if one really doesn't want to, the mediator may have to stop the mediation, even if court ordered. You should determine if there are any contested issues, and what they are, then talk to an attorney or mediator to see how they can help you reach your specific goals.

What should I expect at my divorce mediation? I don't think my lawyer has preparred me enough. What do I need to know and ask?

I learned from my lawyer a few days ago, that I would be going to a mediation tomorrow! If it goes well, she said there would be no need for the trial which is suppose to take place five days later! She has had nine months to prepare...

Nathan’s Answer

Both of my colleagues are correct. Mediation is a speedy, informal, inexpensive and confidential way to resolve issues without involvement of the court. If the mediation, which may take around 4 hours, maybe more if need be, is successful, then all the work the court would decide on, will have been decided by you and the other party. Your attorney may want to see you prior to the mediation to discuss what sort of areas you are amenable to negotiate on, and which areas are hard boundaries for you. You should be at ease, since again, mediation is informal. The process should be geared toward a win-win situation for both parties. One should attempt to achieve that, and if that doesn't work, court will always be there.

I went to mediation on Feb.13th in we came to a settle so how long will it be before I recieve my check?

In N.O LA.

Nathan’s Answer

Generally, when a mediation settlement is achieved, a payment structure is devised. A payment may be made in one check, or it may be structured so that the respondent in the mediation agrees to pay on the, say, 15th of every month, with a 5 day grace period before the agreement is broken, and the respondent suffers default. If you have a copy of the agreement, I would review it. If not, call and see if the mediator can fax, email, or mail you a copy. If there was no written agreement, and during the mediation, payment dates were not specified, you may want to bring that up to the mediator, so that they can contact the other side, and conciliate a payment deadline, with your participation. Congratulations for mediating your issue!

Settlement conference court mediated Oral agreement how much weight does it hold in court.

After comming to an oral agreement with mediator . Other party changed mind next day about allowing visitations since they agreed even though oral only. Would mediator report to judge since it was agreed in some fashion. And could the oral agreement. Be used in argument

Nathan’s Answer

Mediation agreement is usually memorialized in writing. Even if the mediation takes more than one day, a mediator may want to draft a memorandum of agreements to be carried over for the next day. In general, if a party agrees orally in mediation, but they do not sign an agreement indicating they agreed, then this may be an instance to where agreement did not actually occur. On the other hand, if both parties agree after the mediation on some matter, that can always be amended (added) to the mediation agreement that should already exist. If no agreement in writing at all exists, you are at the mercy of the court, or any new agreement you get in writing.