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About Evelyn R. Calvoni
Expertise
I can answer questions about law school and the process of applying to law school. I recently graduated in May 2008, so it's all fresh in my mind. I can answer questions about how to apply to law school, the LSAT, getting letters of recommendation, writing your personal statement, etc. I can also answer questions about what life is like during law school and the different opportunities students should take advantage of during their law school experience, i.e., law review, networking events, moot court, clinics, internships, what classes to take, etc. I can also answer questions about what it's like to look for a job, what are good jobs to get right out of law school, and general questions about writing cover letters and resumes. I can also answer questions about judicial clerkships after law school.
Experience
I am a recent law school graduate (May 2008). I have been through the process and have taken advantage of many different opportunities throughout my three years in law school. I've done internships, a clinic, been on law review, been on moot court, and participated in several moot court competitions. I am currently clerking for a state Court of Appeals judge.
Education/Credentials
I have a BA in Political Science.
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You are here: Experts > Jobs/Careers > Lawyers > Law School > hi
Expert: Evelyn R. Calvoni - 8/31/2008
Question
HOW DO I GET INTERVENTION AND WHAT IS YOUR ANALYSIS AND SUGGESTIONS ABOUT THE FOLLWING ISSUES:
Please answer what u can:
At issue is the following:
I applied for an 18b court appointed lawyer and the first one did not want to do any work , so I became insistent and then she motioned for her to be released which was granted and the judge gave me another one saying , this is the last one I can give u, and he did not want to do much either so im wondering if the judge can refuse to give me a lawyer or not and am wondering about these other issues to:
“You are correct -- no 18B attorney is going to do more than the one issue or petition he/she is appointed for. The state rates are much lower than private practice and the attorney is probably losing money on each 18B case as it is.
This has been going on for a couple of years and, because of all the twists and turns, is probably not easy to resolve. I also think you have made some questionable choices -- for instance, the religious ceremony without a legal marriage.”
“Yes, you should probably have one lawyer who is prepared and willing to handle all of these issues. But these lawyers don’t exist for free. I can only suggest two options.
Your possible arguments on the negative effects of child support on the GM are not yours to make; whoever is the custodian has the right to ask for child support from either or both parents and the only questions becomes your ability to pay. “
The above was a response to:
The problem is that the 18b lawyers that I talked to made it very clear that all they would do if appointed was put in for a modification of an order of custody and nothing else. They don’t believe in ‘necessary ancillary issues’. E.g. they would not monitor or be present at any meetings between me and the other attorneys or LG, ask for more visitation or do any investigative work or get me the minutes of prior custody hearings betwixt the custodial grandmother or the mother who has only consultative rights and visitation. In short, they would do next to nothing at all. I would have to go to court piecemeal to ask for judicial intervention for ea. and every thing. Ditto for CS. I had some few questions pertaining to what law might apply for child support and how to best proceed. Namely, - can one non custodial parent be asked/ ordered to pay and not another. What if Mibby, the child would actually lose money if CS was paid, - due to her getting too much money such that she would be, precluded from being considered a dependent on her custodial grandmother’s SSA account; neither could she serve as a nursing home spend down exemption for the GM. Also, (since I am not a big fan of interrogatories) how do I preempt a CS petition? Or, how do we anticipate the opponent’s next move pertaining to CS? Is it counter-intuitive for them to ask for it since it will adversely impact and impinge on the custody _that im tryin to gain -aspect of the case? Further, how valuable is the effect on my sincerity, credibility and parental ability if I were to pay it or obversely, not... It should be noted that not one of the CS dollars will go to Mibby anyway and in the past I have been very generous with my wife and child, nonetheless. Neither will an impaneled 18 b do any research as to the significance of a religious marriage Vis. Vis. custodial rights. Even were one to be assigned, which is heretofore not the case, they would merely attempt to modify the OOC and would probably act as a, ‘one trick pony’, and not be congruent with my strategically applied confrontational and/or conciliationist approach. This is an idiosyncratic, aberrational case consisting of many moving parts and some few players where simultaneous dis/enmeshment is the rule and there is no cohesion and flexibility. Moby told me that she has two mommies, and when I asked her y she can’t have two daddies too (she thinks Uncle Xxx is her daddy) she said;”Mommy said I can’t”. PAS is also a factor: At the last eval and meeting Moby‘s first words to me were, “What are you doing here?” it would appear that any lawyer worth their salt would prioritize their time with the higher paying clients and forego the mere comeuppance an 18b gets, thus relegating me and my wishes to a secondary, subordinate position. Some expense may be involved in getting my wife’s medical and school records since she was not sent to school by the custodial GM who suffers from factious disorder. Am wondering what the next step is. Would also like to get more visits before the next court date and obtain a psyche eval of me and the other parties and a drug test (if these are strategic).
How do we...
Get name on birth certificate
Get any and all minutes form the inception of this and the oop case
Be appointed interim and stand by guardian
Obtain medical oversight rights to be informed of medical occurrences and decisional consultations and needs, or arrange for substitute monitoring
A lawyer to deal with necessary ancillary issues?
Such as CS etc
Even if an official petition is not filed by either party, but merely to gain insight as to the regs
How the two lawyers will coordinate
And if they both can appear in court at various conferences
If I cant find one on my own or u do not suggest one for me
Do I have to ask for judicial intervention for each and every thing separately? – Kind of cumbersome, don’t you think?
It to be made know that chana was tricked into signing the prior agreement since it only gives her consultation rights and she would not have accepted that volitionally
I, with an IQ of 142 read the agreement and mistakenly thought it afforded some rights, - Chana with on a GED and 6th grade education was either fooled, scared, not properly eleocuted or bribed
Minutes and records of any social service , legal aid , etc meetings, internal memos etc pertaining to the above and in general , as they may have had conflicts of interest and misrepped chana.
Also, legal aid assumed the role of ACS (and if ACS was involved I would want their records too since the suicide attempt may have been reported to them initially) in knowingly and willfully giving Moby to another party while being aware I was the father.
Further, the central office and oversight agency of legal aid told me that de Lucas rep of chana I illegal as,
a) Chana never lived in the catchment area
b) Did not conform to the usual dom violence with or w/o current mutual residence scenario
c) The initial case vs. Diane is concluded
d) Chana was not given any custodial rights
e) Legal aid rep of chana precluded my own
f) Accordingly...
g) She should be barred from the courtroom unless she is there as a witness later on,
h) And legal aid should be removed
I) I’m told that the above holds true even if xxx is repping chana in a private capacity , which im told is likewise illegal
j) Chana should be apprised in court that she is not a decisor
k) She can be a valuable ally if it was made clear to her that she has no rights and that I can secure more rights and visits for her – or thru me- if I had custodial authority
l) She was visibly upset that mibby refers to both her and Diane as mommy and
m) Told me that Diane had made many deleterious medical decision about herself
n) And that she had been diagnosed with factitious disorder or MsBP
An investigation if legal aid exerted undue influence and did not recognize their competencies in hammering thru the prior agreement
And if it was predicated on a lack of knowledge not only of paternity but of all of the above as well.
An analysis of y 18b lawyer told me she was going to the DA to proffer crim charges vs. Diane , as this is somewhat puzzling since I don’t think the DA would take anything short of a murder case seriously. So, y did she suggest it?
Y did she feel that was part of job to modify the ooc?
What is and is not part of the Mod order?
Does working on the Mod order include or not include necessary ancillary issues?
What is your definition of these n. a. i’s?
If not, how do we get those and other issues funded by the court?
Or otherwise?
e.g. if I needed , and need, to discuss with the LG child support and what is or is not avail to Moby who will monitor the conversation so that nothing untoward or inadvisable is said?
Are investigator fees covered by the court?
How do we get these expedited?
What type of investigatory interventions is reasonable?
Prescription and illegal polysubstance abuse monitoring and testing?
(Have information that Chana is Od’ing on weight loss meds)
And that Diane is hooked on valium and other p’tropix.
Positively scandalous ‘hearsay’ allegations r being made in court about me w/o a word of protest or inquiry by chows, - It is my hope and I am sure yours as well , that this will not re-occur .
A request that all toys purchased for Moby be displayed in court to ensure that they have/will not be discarded. And that Diane and chana will be obligated to refund the purchase price and/or replace them. This applies both for the past and the future.
Judicial authorized intervention into PAS. As it interferes in a valid assessment and is primitive in any case.
Intervention and investigation with or w/o cooperation of the other parties in obtaining Moby’s primary and secondary/ancillary care physicians and health care providers and what medical interventions were done. Ditto for Diane’s uncalled for and rash and ill-fated medical oversight of Chana.
All of china’s school records since she was kept home by Diane and not sent to school as required by law, neither was she homeschooled and , despite being highly intelligent, only obtained a 66 on the GED. (Which only tests to the 8th grade level in blatant contradistinction to the proficiency achieved by a typical high school student)
How the parental alienation of myself affects the reasonable preference of the child.
How , if a non custodial or custodial parents’ remarriage affects the right to custody predicated on either a civil or religious marriage to a first spouse?
IT MUST BE MADE CLEAR IN COURT AND STATED THAT CHANA DOES NOT HAVE CUSTODIAL/DECISION MAKING RIGHTS AND THAT RIGHT TO CONSULT IS NOT =VALENT OF SAME.
If, paternity is still questioned, if a DNA test can be ordered.
WHT HERE IS IN/SIGNIFICANT?
AND WHAT RECOMMENDATIONS DO YOU HAVE
AND NAY INFORMATION OR KNOWLEDGE ABOUT THE LEGAL ISSUE RAISED AND THE EFFECTOF GIVING OR NOT GIVIN cs AND ANY ADVICE PLEASE THANKS
Answer
Hello,
I apologize but I cannot help you with this. My profile indicates that I can answer questions about law school admissions and things relating to getting into law school, and about being a law student in general. I am not a licensed attorney yet as I am awaiting my bar results, and I therefore cannot give legal advice. Furthermore, I do not know what state you are from, and laws are different in every state.
It sounds to me like you need to consult an attorney. Good luck!
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