Custody Modification Filing Tips

Summary

You can include contempt issues in your custody modification pleading, listing them as separate claims, and should have evidence to support each claim. In West Virginia, if bloodwork is lost in a DUI case, charges may be dismissed due to lack of evidence, or the prosecution may proceed based on officer testimony. Consult a local attorney for personalized advice.

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When drafting a pleading for custody modification, is it best to only file for modification when there is contempt issues present or should you file modification, petition and motion for contempt as well? Jurisdiction is Lancaster county Pennsylvania. Can I put contempt issues in my pleading? And just list them as separate claims? Or do I need to have evidence if I’m going to list them as claims?
Hello ****,
Here are some general rules:
*. You can include contempt issues in your pleading, listing them as separate claims.
*. You should have some form of evidence to support each claim you make.
*. Consult a local attorney for the best approach in Lancaster County, Pennsylvania.
Please remember that each case is unique and this advice is general in nature.
I have a different question for a different jurisdiction. This will be in state of West Virginia. If you are arrested for a DUI, but you passed field sobriety test and you passed the breathalyzer test blowing a *.*, they take your blood at the jail and you show positive for an opiate but at court they can’t find your blood work. What happens with your case?
In West Virginia, if the court can't produce your blood work as evidence, it's likely:
*. The charges may be dismissed due to lack of evidence.
*. The prosecution may try to proceed based on officer testimony.
Remember, every case is unique. Consulting a local attorney is recommended.
Why would the bloodwork be lost or not found?
Various reasons could lead to lost bloodwork:
*. Clerical errors, such as mislabeling or misfiling.
*. Damage during transport or storage.
*. Lab processing issues.
*. Miscommunication between departments.
Please remember that this is not an exhaustive list and specific circumstances may vary.
Hearing was continued due to the fact they could not produce the bloodwork, so what do you think would happen?
Here are some possibilities:
*. The court might dismiss the charges due to lack of evidence.
*. The prosecution may seek a further continuance to locate the evidence.
*. The case may proceed based on other evidence or officer testimony.
Remember, consult a local attorney for specifics.