Any testimony, document, or demonstrative material that is officially considered by the court, i.e., allowed into evidence, generally in compliance with the rules of evidence. Sexual intercourse between a married person and a third party.
Court's judgments are modifiable based on a 'material change in circumstances.' An agreement may be either modifiable or unmodifiable ('surviving'). Replaced in 1996 by Program, created by the Welfare Reform Law of 1996. These suits are now rare, however, and are prohibited in some states.
The defendant is sometimes called the 'plaintiff-in-counterclaim' since he makes his initial claim in this pleading.
Defendants must file an answer and counterclaim within a certain time of being served with process, usually 20 days.
Unless the trial court's findings of fact cannot possibly be supported by the evidence, such appeals will fail.
Judges have discretion to believe or disbelieve all evidence presented, and appeals courts will not second guess the trial court on its finding of facts.
Most orders of attachment are issued ex parte (see below). Concept developed in the late 1960’s by John Bowlby and Mary Ainsworth that led to the conclusion that infants and young children should never spend more than a few hours away from their primary caregiver or they might not develop the ability to form an appropriate attachment and trust in another person. Often cited in child custody cases in the latter part of the twentieth century to prevent infants from leaving the care of their mothers for more than a few hours, never for an overnight visit with the noncustodial father.
Later research points to children’s ability to form attachments to more than one caregiver. A court-appointed attorney who represents the stated wishes of the child(ren).
Unlike a guardian ad litem who acts in the child's best interest by substituting her own judgment for the child's, the attorney for the child(ren) must promote those causes espoused by the child(ren) and generally not substitute her own judgment.
If you appear without counsel, you are said to appear pro se.
Once counsel files her appearance, she cannot withdraw her appearance without your permission or leave of court, usually by motion.