child mother have son around new boyfriend who is a registered sex predator
Report her to Children and Family services. If you are in Duval County, it is called DCF - otherwise check with the clerk of court in your county as to who would investigate this.
I have a 1 yr lease with Richman Proprty Mgt for a 2 br apt. I notified them ahead of time that I have pets, written on my initial application. When I signed the lease, they told me not to worry about it. Since then, 8 mos later and into the lease, they have come back and said I owe them $1000.00 for my pets. They said I can pay it out. The girl that initially told me not to worry about it has since found other employment.
1.) Am I obligated to pay at this point $1000.00?
2.) What are the consequences if I choose not to pay and I plan on moving anyway?
Read your lease. It controls on pet damage deposits.
Your written lease controls. The oral representations don't amount to an agreement. Have your lease reviewed.
we signed an agreement for the remodeling of our kitchen and gave a check for a deposit. No work or materials have been furnished yet. We requested some modifications and the contractor asked for close to 40% increase in the contract cost. we were not able to reach an agreement, the contractor returned the deposit check and indicated that he does not want to do the job and lose money. There is a lien clause in the agreement, can the contractor file or threaten to file a mechanic lien and what we can do to stop it?
A mechanics lien is only valid for labor and materials provided to a work of improvement to real property. If he never started work, he has no mechanics lien rights.
A contractor can lien and sue if he begins some off-site preparatory work on the strength of a contract that is later disaffirmed before actual on-site work begins, but it looks like you canceled before the contractor made any commitments to workers, suppliers, etc. that he couldn't escape.
i have a 14 year old we live in NJ she hasent seen her father since 05 he called when ever he feels like sometimes up to a year when he talk all they argues is she old enough to ask the judge who she will like to live with and thats she does not want any contact with him can i get full custody he does pay child support and i never denied him to see her he never been a part of her life or try to thank you
Looks to me like you already have full custody. You have indicated that he hardly talks with her and hasn't seen the child in 6 years. What have you not been able to accomplish?
Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have any questions whatsoever, you should meet with an attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner
You may be able to accomplish what you want, but it appears you bessentially already have it. You would be spending time and money to get what you, in effect, already have.
If my future ex wife is having a child from another man why do I have to to carry her on my insurance untill we are finalized ?
Because there is a public policy in favor of keeping people insured rather than going on MediCal for everybody else to pay for, and she can't go on his insurance until she is free to marry him, and that won't happen until your divorce is final.
can the families of the husband and wife interact during a divorce
What do you mean interact?
If you mean associate, have gatherings, talk on the phone, go out to eat, yet they can do it unless the court prohibits it or there are illegal intimidation, threats, etc.
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Am not married, want to give baby due soon up for adoption. Biological father says he won't let me do that. Can he stop me?
Yes. His rights will need to be "terminated" in order for the child to be adopted. he can resist that termination effort.
We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
I currently work for a veterinary office and have been there for the past 3 years. I have dealt with back and neck pain off and on during that entire time, but in the past 4 months or so it has gotten worse causing me to take prescibed pain medications and seek the advice of a surgeon. Now my employer will not let me work and is refusing to let me back to work until I have the surgery done which isn't even scheduled yet. I am completely capable of performing all job functions with the only limitation being that I do not lift over 20 lbs.
Can they legally do this to me as I have been a full time employee this entire time?
Can I file for unemployment since they will not let me work? I have been without a paycheck for 3 weeks now and will not be able to afford the surgery without any money.
Hi. I am a Missouri workers' compensation attorney that also handles employer-employee issues as part of my practice. Depending upon the factors that caused, or even contributed to the worsening of your neck and back issues, your employer's insurance company may be responsible for paying for the cost of the surgery. This is provided for under the Missouri workers' compensation law. Additionally, they also may be responsible for paying you for the time you are missing from work due to them saying you are not capable of working. More detail is needed to determine whether your injury is one that is to be paid for by your employer's insurance.
For convenience, I can be reached via e-mail at [email protected]/* */, or by phone. Thanks.
NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.
If I have a Business what do I need to do if I have some one financing part of the business but not a partner what kind of percentage do they get and what kind of contract needs to be drawn up
Your questions are not appropriate for an internet message board, and it is not remotely possible to answer here. You need to see a lawyer who handles small business matters.
If someone is giving your business money, you need to retain a business attorney. If you lack the funds, close the business until you have the funds, as mistakes can be catastrophic disasters (and expensive). Depending on what you do, you may need anything from promissory notes to deeds to SEC securities registrations.
I repeat: get a lawyer.
Giving smeone ownership in your business is a matter of negotiation. What are you willing to give? What are they asking for? If it is simply a loan, they would most likely require a promissiey note. If they are obtaining ownership, that is much more complicated.
My mother-in-law and her sister were the benificiaries of a large irrevocable trust fund($1.66m) from their late step-mother. My mother-in-law passed away on April 13, 2012. She died without a will or at least no will can be located. What happens to the trust fund? Does her share become part of her estate or does it all go to the surviving sibling by default? If you say that it depends on the verbage when the trust was founded, how would we go about finding out what that verbage was? The CPA firm handling the trust is not friendly towards or open with her family. Shouldn't someone from the firm have contacted her sons by now to at least come in and discuss it?
Of course it depends on the terms of the trust, and what the Trustee should or should not do is also dependent on the terms. They likely have no duty to start calling and having meetings with people who have no interested in the trust. Further, since it has been 10 days your complain is likely very premature. It is also not enough to tell us the firm is "not friendly." Certainly, someone (preferably the estate administrator) can pick up the phone to call them but that was not mentioned.
First of all, your expectation that calls would be made within ten days is unrealistic. Trusts and estates are not handled that quickly.
Whichever one of you has applied to administer the estate (what you would do when you can't find a will) would have authority to call the trustee. As for whom the trustee will eventually contact, they will contact people who have an actual interest in the trust. If you have no interest in it, and that is decided by the language of the trust. Most people make trusts for privacy so if you are not in it, you won't be called and they won't be discussing it with you.
You will have to review the trust language to know what happens to your mother-in-law's share of the irrevocable trust. Without seeing the trust its impossible to know, but typically the trusts provide that if a beneficiary dies then the share of the deceased beneficiary goes back into the trust to go to the remaining beneficiaries. Or it could provide that the share of the deceased beneficiary will go to the children of the deceased. Either way, this would not be you. The only person with authority would be the personal representative of your mother-in-law's estate and it is way too soon for that. If your mother-in-law had no will, then her spouse, if any, or adult child should contact the probate court regarding the probate of her estate under the state intestacy laws.
The CPA firm handling the trust does not have to be friendly. Again, the only persons entitled to copies of the trust are the beneficiaries. The personal representative can request a copy on behalf of your mother-in-law, but since she is deceased her estate may not be entitled to a copy if her estate is no longer a beneficiary. Since you indicate that your sister is a beneficiary, then she should request a copy of the trust. Requests usually have to be in writing.
In my 2002 divorce decree I negotiated for and was granted the right to claim one of my 2 children as a dependent on my federal income tax returns. I have been doing just that. I was recently informed by my X spouse that starting immediately (2010) she would be claiming both children.
She said that her accountant has told her that she has the right to do this based on the fact that her home is the primary residence for both children and that the divorce decree is not recognized by the IRS.
Should I claim the child as I have and get into an almost certain showdown with the IRS? Can I take any proactive steps to stop her from claiming them both based on the decree?
Thanks.
Claim the one child.
If she claims both children, you might be able to sue her for contempt, depending on the wording of your decree.
Hi,
I have never committed any criminal act. I just moved to another state. After 6 months of not been able to find work, I contacted one of the company that I applied for requesting what the reason was that I didn't receive the job, they told me because I lied on my application saying I have been arrested twice and convicted. I did a background check under my name and it came up. as a result of that false accusation, I am now in debt, and now able to pay bills. Can you give me any advise on what to do?
The results of the background check will show the name and date of birth of the individual who they are mistaking for you. Hopefully, it is the same name, but a different date of birth, and different addresses that you have never lived at. Perhaps you should hire a private investigator to look into why this is occuring.
I recommend you contact the company or governmental agency that provided you with the background check and notify them that your record is wrong. Ask them what their process is to contest an inaccurate record. They should be able to assist you in getting things cleared up. Even if they clear your record, so long as it's improperly recorded with the Clerk of Court, you're likely to run into a problem. As such, I suggest you hire a lawyer in the county where the record originated to file the necessary pleadings with the court to have the record corrected. This may require appearing in person before the judge or in some cases, you may be allowed to present an affidavit along with a finger print card that can be used for comparative purposes versus those that are on file for the person who actually perpetrated the offenses.
I have been recently divorced for almost a year and I have 50/50 custody of my daughter. Now, since school is about to begin, my ex-wife, in my eyes and others, is misreading the divorce decree on when the week on and week off visitation rights shall begin. The papers state that I shall have possession of the child baginning at noon on Dec. 28th and ending at the time school is dismissed on the first Friday after school resumes at which time the week on/week off periods of possession resumes with the other parent. IT IS ORDERED that if the school resumes in the middle of the week after the period of possession that began on Dec. 28th, the child shall remail with the parent in possession until the following Friday, at which time the week on/ week off periods of possession shall resume with the other parent. Since school started on Thursday, the 5th, should I have possession of my daughter until the following Friday the 13th or does her possession begin tomorrow the 6th?
To me, the plain reading of that language is that her possession starts on the 6th. I can tell you that my wife and I have the debate about what day "Next Friday" is all the time. She thinks "next" means next week, and "Friday" means the day of the week, so my wife would tell you the answer is the 13th. I think "Next Friday" means the next Friday that appears on the calendar, which is the 6th.
I'd have to see the EXACT language of your decree though. "Following Friday" could mean "Friday following the Friday after school resumes" (e.g. the 13th) or "Friday following the resumption of school" (e.g. the 6th).
Either way, I would not think that either of you could be found in contempt of court and jailed for going one way or the other. According to the wording you've provided, it's an inartfully crafted bit of language.
Good luck!!
FAMILY LAW / ADOPTION - New Jersey
I currently have primary custody of my son, his mother sees him 3 nights a week and is listed as a "co-parent". I feel as though my son is not receiving the support he needs, monetarily and emotionally. He needs a strong family figure in his life. My question is I have found a family that wants to adopt him, so am I capable of signing over my custody of our son and allowing them to take my position in his life? As in they adopt him and they would become the Primary care provider for him, and they would have him 4 nights a week and his mother would still have him 3 nights a week as a "co-parent"?
Can they adopt my portion of our sons custody?
What would we have to do for the adoption process?
Is there anything I should know?
I just want to give him the best he can get and unfortunately I know that is not with me or his mother, But I know she would not give up her rights.. so at least he can get as much support as possible.
an adoption cannot take place without the consent of both the mother and the father.
Records
How long must an attorney keep files of his old civil cases?
Re: Records
Depends in part upon the case. Standard file retention is at least four (4) years.
does a tenant have a right to collect interest on a returned security if the tenant was late with any monthly rent.
For any month in which the tenant is more than 10 days late, the landlord does not owe intetest for that month.
I purchased 3 Logitech bundled gifts from Best Buy in Pleasant Hill CA total price $401.00 for Xmas presents to my family It is too complicated for anyone to use. I returned the items with my receipt 4 days too late ending the Holiday extended 30 day policy. I asked for a store credit and was told the store no longer carries the items and would not allow me to return the items. The boxes have not been opened. My receipt does state the 30 day clause but is it legal in the state of CA.
Thank you.
Sheila Byers
please e mail me at [email protected]/* */
It is completely legal. They don't have to accept returns at all unless the product is defective. The 30-days was a courtesy to you. They have no obligation to extend it.
On Oct. 28th, 2010, I went out drinking with my friend. Well, not getting a lot of sleep, I still tried to go to work the next morning, and on my way, I caused a head on collision, almost killing myself, as well as 3 other people. This I do worry about, but not my reasoning for writing this. I have been divorced for almost 3 years now, and have 3 children, whom I love dearly. As terms of our divorce decree, I came out with a pretty fair shared parenting plan, getting them every Thurs. Thurs. - Monday as my long weekend, and Thurs. - Sat. As my short weekend. This I stayed true to, never missing a beat. Now that this has happened, my ex-wife has taken me back to court to have shared parenting terminated, mainly because I was intoxicated at the time of the accident, and the fact that I am now disabled. Yet, with that being said, I have had a way to pick them up every weekend, and even have help to care for them, mainly to help fix their meals, other than that, they are more than capable to care for themselves. They are 8,7, and 6 years old. So, at this point, I now only get my children one weekend out of the month. So my question to you is, how is this even fair or just? Those children love me with all their hearts, and I know this is killing them, cause it sure enough is killing me!
In Ohio, courts are going to do what they feel are in the best interests of the children. I assume that there was some sort of hearing wherein the issue of terminating the shared parenting agreement was argued. Apparently the court did not accept your argument that the crash and the violation of law did not outweigh the negative effect that the reduced visitation would have on the children.
Perhaps as time goes by and the criminal case is resolved and you can show no repeat occurrences and if you can better show evidence of the negative effects that the reduced visitation is having upon the children, then this may be sufficient change in circumstances to get more visitation.
I'd contacted your firm a few weeks back and received a helpful answer that pointed me in the right direction. Quick recap: live in Cook County IL, and being sued by law firm for Chase card within the statute of limitations. I have not been served, but went and made a copy of my complaint and affidavit from the courthouse. The law firm has named ME as the affiant in the affidavit of indebtedness. There is nothing else attached: just a one page complaint and affidavit of indebtedness. I THINK the cause of action is breach of contract, but I cannot be sure. I have proof of written dispute of the debt, but the affidavit seems to say that I agree with the amount and am not fighting it. After filing a motion to appear, how should I proceed in order to say that this affidavit is false? (Can I even file a motion to appear without having been served?)
Thanks for all help if you are able get to me.
Of course you can file an appearance, but but why would you want to? If they never serve you or obtain substitute service, the case will be dismissed. There are many defenses to a credit card claim , but a dispute notice is questionable. Who really owns the debt. Can they prove ownership? I suggest you reread the affidavit. you may be misconstruing it.
Adding daughter to refinance of our primary residence how should title be vested husband and wife as joint tenants or as community property and daughter as her sole and separate property
If this deal is "necessary" and you are committed to do it, you need to consider both how husband and wife hold their share, and how daughter holds her share. Two common ways for the married couple to hold title are "community property" and "community property with right of survivorship." If the daughter is to get a half interest, she can hold it as a joint tenant with the parents. She could also be a tenant in common with the parents, which would allow her ownership to be other than exactly 50%, e.g., she could hold a 1/3 interest that way. You need to rely upon a professional, such as a title or escrow company or an attorney, to write up the deed.
If you are under no compulsion to do this deal, however, I strongly recommend that you have a professional advisor - one not receiving a commission as a loan broker - review it for its tax and property-management consquences. You appear, for example, to be making a gift of one-half the value of the property.......probably triggering a gift-tax liability for the parents. You also may be forgoing the opportunity for your daughter to inherit the property and get a step-up in basis that will save her a bunch of capital-gains tax in the future.
I think you should ask a financial advisor to estimate the overall tax consequences on the family; then compare them with the benefit you might get from a lower interest rate, or taking out some cash, that you get from the refi.
Mr. Whipple gives an excellent answer. This is a matter that probably will involve tens of thousands of dollars if not handled in the best fashion. Please look at prior responses to the issue of a gift to a child of property; most of us strongly advise against it unless there are some very special circumstances involved.
I live in Michigan and have a five year old child whose father walked away in the middle of my pregnancy. I have not heard from him since then, his name is not on the birth certificate and obviously do not recieve child support. I am getting married soon and would like to change my child's last name to my married name, as my soon to be husband has been in the her life since shortly after she was born. He loves her like his own and is more involved as a father to her than most natural fathers I know. We plan on having more children and I would really like her if at all possible to have the same last name as the rest of us. What are the steps I'd need to take?
Ultimately, we would love for him to be able to adopt her. However her biological father was violent with me in the end of our relationship, and I feel it is in her best interest both emotionally and physically, that things remain the way they are and he does not come around. I would like to avoid contacting him as I feel this would be like "waking a sleeping bear". I have tried to do internet research but would like some direct advice from someone who knows Michigan law.
Getting your daughter's last name changed is easy-- you can file a petition for name change in the circuit court where you live. The courts generally have packets so you can do it yourself as most people do. If not, most attorneys only charge a nominal fee. The process should take around a couple months or so.
Once married, your husbamd could file for a step-parent adoption. It is a complex process with a lot of paperwork and legal nuances. The biggest hurdlle will be getting her biological father's rights terminated. Without an acknowledgement of paternity he is only her putative father at this point and not the legal father. He would have to be deermined by the courts to be the legal father and then his rights would have to be terminated. If he cannot be located and would be willing to terminate his rights voluntarily, then an action within the adoption proceeding to involuntarily teterminate his paental rights would have to be initiated. While some people represent themselves in adoption cases, I always strongly urge people to retain a lawyer in adoption cases where the parent either has to be located or the rights have to be involuntarily terminated because the process is so much more complicated, both practically and legally. This entire process take around six to seven months but in the end will be well worth it.
Contact an attorney in your area that handles a lot of relative and step parent adoption cases. This is a complex area of the law and you need someone who really specializes in it. I would be willing to offer a free consultation or to go over the matter with you in more detail. Feel free to contact us at (517) 614-1983 to discuss the process and how we might be able to help. Good luck on the marriage and your new life together.
Landord had a new oven installed. She was not present to inspect the delivery and installation of the oven. The oven door was broken when I received it. I told the property manager. He fixed it himself. When I moved out landlord said I broke it and need to pay for cost of entire oven. Now she deducted that cost from m y security deposit. Am I liable to pay the cost?
Take the landlord to the small claims court.
I would sue and call the property manager, you may send a letter first...
I witnessed a car accident in Melboure, FL on May 3rd 2013.
I received a phone call last week from an investigator working for Allstate insurance. He recorded my statement on the accident. I just received another phone call, from an attorney representing one of the 2 drivers involved in the car crash. He wanted to ask me a few questions. I would like to know if I have to answer his questions on the phone. What will happen to me if the case goes to court? Because the accident happened about a month ago, I am not sure I remember everything correctly, it went so fast. So basically, my questions are:
- Do I have to talk to that attorney on the phone?
- Do I have to talk during the court ?
- What if I can't remember everything correctly?
No, you don't have to talk to an attorney on the phone. You can even hire your own attorney. You do however have to talk to in court if you are subpoenaed. Often times, the attorney may want to ask questions so that you don't have to be subpoenaed. If you can't remember, then you can't remember, and you can tell the court that.
I was recently questioned by the police because of an anonymous report that I had claimed that I was going to shoot people from a building in the local area. What are my legal options at this point?
Your legal rights are to decline answering questions or making any statemtns. You have a Fifth Amendment Right under the U.S. CONSTITUTION TO REFUSE TO ANSWER QUESTOINS
Stand upon that legal rigtht. Blame me or your own lawyer if you need to do so, but stick to your guns and follow tis advice. Tlaking wtih the police can only hurt you, it can not possibly help you.
I am vested in an annuity retirement plan into which my employer pays a specified amount for every hour that I work. This is all in accordance with the local union contract under which I work. My question is, how can I obtain this money so that I can invest it in my new, desired career? When I have called the annuity's call center I was told that I can only access the money at age fifty five and at that age it would only be a loan. I have accrued a little more than two hundred thousand dollars over eleven years and understand that there may be penalties and taxes assessed. Thank you, James
If the annuity doesn't allow you to take money out until age 55, and then only as a loan, then you cannot get the money until age 55 and only as a loan.
You would have to review the terms of the retirement plan. It is not possible to advise you without knowing those terms.
I would speak with a union representative to see if there is someone within the union that can advise you.
What is (briefly) and how does one initiate "pre-filing discovery" in California? I need to compel answers to questions I have been getting stonewalled on.
Normally, a pending action is required to conduct discovery in California. Special procedures exist, however, for perpetuation of testimony or obtaining other evidence prior to filing suit. A court order, however, is necessary to obtain such discovery. That is governed by Code of Civil Procedure section 2035.010, and the sections following.
I suggest you look at those sections, and read them carefully to determine whether you even meet the criteria to conduct pre-filing discovery.
Mr. Roach is correct. I write to emphasize that you have to meet the criteria for pre-filing discovery, which is for the preservation of evidence that cannot be obtained or preserved after the case is filed. It is not allowed to be used to find out evidence to make your case. Paragraph (b) of section 2035.010 specificially states: (b) One shall not employ the procedures of this chapter for the purpose either of ascertaining the possible existence of a cause of action or a defense to it, or of identifying those who might be made parties to an action not yet filed. The only two situations in which I have personally seen pre-filing discovery used were: 1. taking depositions of people who were expected to die before discovery would be allowed in a case even if filed immediately, and 2. to preserve physical evidence in a construction defect case that would be destroyed or covered up by completion of the work, and none of the potential parties wanted to delay the project until a case could be filed and the post-filing limits on commencing discovery passed.
3 cm dog bite on the thigh almost a year ago and are now suing for 100,000.00 stating pain and suffer, some permante disability. Can they sue for that much ?
They can ask for that but the jury might not award that amount.
The complaint in a personal injury lawsuit ordinarily won't ask for a specific dollar amount. But it is possible for a dog bite to justify a very large award, especially if it causes permanent injuries, requires expensive treatment regimens, and/or makes the victim less able to earn a living. Mr. Nelson is right that the amount may prove unrealistic, but that will depend upon facts that you haven't provided.
If you have homeowners' insurance, you should tender your defense to the insurer right away. If not, you should start looking for a good lawyer in your area.
Yes.
You get to defend it as best you can. Turn it over to your homeowners insurance if you have any. Otherwise, hire an attorney who will try to negotiate a 'reasonable' settlement, file appropriate motions, or take the case to trial.
Child protective services team failed to protect my son. I had to report them. my son is still being abuse and cpis has taken abusers side. cpis could not finish to fabricate anything to remove my son from my house, so they appeared in court for the 3rd time to give their testimony full of unsubstantiated accusations with tremendous weight, which ended having the judge issuing an order to stop my visitation rights. What laws are these investigators breaking? I am pro-se and the judge ask me to give him a legal reason why he should not consider their testimony. Is obstruction of justice a reason? is perjury a legal reason? fabrication of evidence a reason? what laws play a role here and where may I read and learn more about them? tanks so much
If the child protective services have made a report to the judge - where was the report from the Guardian ad Litem. I suggest you have the court appoint a Guardian ad Litem for your child so that the history of the where the child lives, playmates, school, etc. can be investigated. As to a legal reason - you are out of luck - you need to have a child psychologist also put in place for your child. You have left off the age and so I am not sure what else I could suggest to you.
Is it illegal to make a website inspired by a more successful website?
Lets say I wanted to make a website like...craigslist. If i design it with a totally different layout and add content that is similar but completely different. is it illegal? Why? Or Why not?
The law encourages competition, and copying the general format of an existing business is a form of fair competition. Just avoid copying specifics that are protected by trademark or copyright, or misappropriating trade secrets. Some might argue that "similar but completely different" is an oxymoron, but I know what you mean....similar but not the same.
After filing a Chapter 11 bankrupcy over 9 years ago, all creditors had opportunity to file against up. Our credit union did not. After all papers signed, thy went after my father in law for a loan he co-signed so we changed the papers and included this loan. After the successful bankrupcy we were told we had to wait 3 months before we would be open members again. After that, we were informed we could not use credit union until another loan was paid. Is this legal
The bankruptcy of one person does not discharge the liability of another person who did not file. Here is an article discussing the liability of co-signors:
http://ezinearticles.com/?Are-My-Co-Signors-Responsible-For-the-Loan-If-I-File-Bankruptcy?&id=4069809
If your father-in-law was a co-signer on a loan and you discharged your liability in a bankruptcy, it has no effect on your father-in-laws liability and he would theoretically still owe the debt.
Rustin Polk
www.214bankruptcy.com
.
.
I live in the state of California, San Bernardino County. My husband filed a restraining order on Friday 4-1-11. He texted me at 9:00 pm on 4-3-11 to tell me that there will be a hearing for it on 4-4-11 at 8:00 am. Do I need to be served or notified or notified other than via his text?
For Domestic Violence restraining orders, there is an initial temporary restraining order that is applied for, on an ex parte basis. The party applying may either give proper ex parte notice, or check a box on the form and provide facts as to why notice should not or was not given. His notice via text should have been given earlier and was late.
Hello I have 8 payday loans I havent paid off cause we dont have alot of money there all 300 im trying to work something out with them but they dont want to what happens if they take me to court????
Creditors can sue and may succeed in court to get a judgement against you.
If the total amount of your unsecured debt is substantial and you qualify for bankruptcy, you can discharge them all together.
If not sure, contact a bankruptcy attorney.
The content of this email is not legal advice.
Regards.
Alex Rad
[email protected]/* */
My mother died, father moved and gave me the house. He is getting married and home is still in his name. If something happens to him does new wife have claim on home?
He GAVE you the house? Was there a deed? It makes a difference.
My father has died, my step mother is left. He had several properties, If he did not leave a will, and I am the only sibling, what rights do I have, does she have complete control of everything?
I'm sorry to hear of your father's passing. To answer your question, some of the property will belong to the children, and other property will belong to the surviving spouse. The specifics depend on whether the property is separate or community, and whether the property is real or personal. Your rights are not self-enforcing. Get a lawyer--NOW.
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Dave
I need to know what is the protocol for division of child support in Illinois. We have a four month old, and my fiance has a six year old from a previous relationship. He just started paying child support for his older daughter. However, our daughter was not taken in to regard at all, even though she listed as a dependent. In fact, the judge didn't even glance at that paperwork at all. I want to file for support and I would like to know how it would be divided if I did.
As the second child, your child is also entitled to child support based upon 20% of your fiance's net income. However the second 20% will be figured after the first 20% has been deducted giving you somewhere around 15-16 % of your boyfriend's net.
The Judge in the first case had no authority at that time to provide for your child. He can only deal with the Petitions in front of him. You have to file a new case for your child.
I have been arrested for domestic violence in the state of Florida, counsel is being requested.
Not sure what your question, but yes you should talk to an attorney.
If there was no partnership agreement for an LLC and a partner died (there were only 2) does the LLC dissolve with the death of the partner? Also if the other partner then changed the tax ID's, bank accounts - but first split and remaining funds, LLC Agreements and agent of that company (so basically kept the name but now wants it to be only run by him), would the deceased partners estate be responsible for any debts that occured prior to his death?
There was an arbitration as the result of a contract that existed when both partners were alive and they lost the arbitration so would each partner be responsible for 1/2 of the award or the company even though it is now being run as a different LLC?
The LLC would not have to be dissolved due to the death of a member even if that death means that only one member remains. However, like most issues in an LLC, it depends on the agreement between the members.
Whether the deceased member's estate would have any liability is a much more complex question. But either way you should retain a good local business attorney to assist with the many issues you now have.
LLCs are a form of corporation. Partnerships are something totally different. Which do you have? (Either way you need a lawyer).
I am a caregiver for my grandfather do I need to let my employer know?
It depends. Are you seeking time off from work to take care of your grandfather? If so, you need to check with your company to see what leave options you have which could include unpaid time off pursuant to the FMLA. Although the FMLA allows unpaid time off to care for a sick parent, spouse or child (in addition to yourself), it does not specifically protect for time off to care for a grandparent with a serious medical condition. However, if the grandparent raised you and has served as more of a "parent," you would have a good argument that you should be entitled to time off pursuant to the FMLA. Additionally, if the grandparent's illness has caused you depression and/or anxiety (for which you are under doctor's care), you could take FMLA time off.
if a judge wants to take a person back to court on the same charge and don't have any new evidence can the state attorney do that . take him or her back to court and re sentence him or her .
I would need a lot more information to answer. It could be double jeopardy, but it could also be a VOP or some other legal scenario. I suggest you hire an attorney in your area to see if they can do that in your situation.
unmarried. father quit his steady job one month before baby is born. how is child support ruled?
Not having a job is not a good enough reason to pay no child support, especially if the father left the job with the ulterior motive of avoiding support payments. See for additional details.
this question is in employment law; I work in a deli that has a policy that tells the customer that tipping is not necessary. anyway when a customer leaves a tip on the table can the make you put the tip in a jar; supposedly to be put in a bank account that is supposed to be used for contest for employees. is this legal
What kind of contest?
Does ex paying child support on time hurt their chances for change in parenting time as part of out custody arrangement and default? Or can they not be following child support as they should and still be able to have a descent chance and getting additional parenting time through a modification? I ask because I fear my ex is going to request this simply to try and avoid having to pay as much or any support.
It is very common for a person who pays child support to seek a modification increasing overnights with the child in order to reduce child support. The fact that the child support has been payed on a timely basis does not really effect the outcome. I have represented many people in these situations over the last thirty-five years, and I might be able to offer my services to you for a reasonable fee if you need representation. Please feel free to contact me.
My cousin, Marie, is mentally impaired due to a severe stroke. Her 3 children and their families are now living in her home. They had her sign a Power of Attorney giving them full rights to her money. Now, none of the family is working and they are paying all bills with her money.
The latest cruel act is to advise my cousin's boyfriend that if he comes to the home again, they will have him arrested. I know she would want to see him.
What, if anything can be done?
The first thing that I suggest that you do is contact the Allegheny County Area Agency on Agency and report the misconduct. They will send someone out to evaluate the situation.
If you have additional questions, please do not hesitate to contact me at 412.904.4469 or [email protected]/* */
I do offer free initial consultations.
My associate is due to have her 1st baby any day now. The Father has indicated he doesn't want his name on the birth certificate. He may be present at the hospital for the baby's birth however. As this is a public place, can I use a memo recorder to record what happens in the lobby and hopefully get this guy to admit he's the father?
No. Recording people in California without their prior consent is illegal, and inadmissible in court as evidence. If he is the father, the mother can sue for paternity and get child support.
I would agree. The best answer is simply to file for Paternity, and, if there is any issue as to whether or not he is the father, then have a DNA test done. Good luck!
i have a custody order that states parties shall communicate every monday to discuss next weeks visitation and me and my ex havent been calling each other and shes saying she can legally keep my daughter from me and has been doing so, is she right? i have had issues in the past with her harassi ng me and just wanna see my daughter ive evn offered open communication through e mail so there are no harassment issues and she refuses
The first thing I suggest, you do, is start following the court order. Start attempting to communicate with her every Monday. As you are trying to communicate with her, also file a motion to modify the existing court order. You need an order that does not require this weekly communication. So get a regular schedule in place that does not change. Your reason should be the current arrangement is not working. If she makes it impossible to communicate with her use that as evidence to back up your claim that the current custody arrangement is not working.
You need an attorney. If you would like to contact our office feel free to do so through our web site at www.brianmcginitylaw.com .
Good luck
Is there a difference between "deferred adjudication" and "deferred adjudication of guilt"? If a result is "deferred adjudication of guilt" and the defendant plead guilty, does that mean the person is considered guilty of the crime until s/he successfully completes probation then is no longer considered to be guilty of the crime?
There is no difference.
A person pleads either guilty or no contest. The judge finds there is sufficient evidence to find the person guilty, but instead defers the finding of guilt - sets it off for the future. If the person completes the requirements of the probation (which are the same whether it is a straight probation - meaning there is a finding of guilt - or a deferred), then the person is never found guilty of the offense. This does NOT mean the person is not guilty, and the deferred stays on the person's record (although in many instances it can be sealed from the view of many - not all.)
Hi. I would like to know about sufficiency of service. I filed a lawsuit against two friends whom I lent money to. They are U.S. citizens, live here, and have extended family in California too. They originally immigrated to U.S. about ten years ago from Taiwan. For about 6 months before I filed the lawsuit, I tried to reach them but they did not respond to my calls, letters, and emails. I believe they moved back to Taiwan to hid from me and other creditors, but am not sure (other creditors also can't find them). I served the complaint and summons on their last know address - where they are listed as agent of service for a company and their son's house (same address). Is that acceptable? Or do I need to ask permission to serve by publication (?) in Taiwan? Thanks.
It depends on how your served them at the house. If they were there and were served, you don't need to serve by publication. If they resided there at time of service, and the papers were delivered to someone over the age of 18 who was in apparent charge of the residence, then it would be valid subservice if diligence was exercised and service was coupled with mailing to the address.
four properties share one well. one property is paying the bill. three aren't paying the one. what can the one paying the bill do legally to get paid. What can the one do legally to shut the water off from the unpaid property.
This problem has become more common as economic hardships impact joint well owners. I practice water law in Utah and Arizona, and your circumstances are not unique. The answer to your question depends on whether there is a joint well use agreement or other contract between the property owners governing water use and (at minimum) maintenance of the pump and transmission lines. Absent such as agreement, it becomes more difficult to determine what your rights are. However, if you own the well and the others merely pay you for its use, you should be holding all the cards. No one can demand water if they are not paying for it. Just like a municipal water company, you may be able to shut off water for nonpayment of the "water bill." But tread carefully. Certain factors may exist where you want to avoid such a scenario - for instance, if there are children living in the home it could become a health and safety issue. I would be happy to discuss your situation with your at your convenience. Feel free to send an e-mail.
Sincerely,
-Riley Snow
[email protected]/* */
My grandmother (My father's Mother) adopted me when I was very young since my parents were never around or together. My mother had 3 other kids after me (not by my father) and my Grandmother still adopted each of us since she wanted to keep us siblings all together. All were done in L.A County
My grandmother just passed away last week. I have a brother who is 16 and a sister who is 8, who were still living at home with her. I need to know how do I get custody of the younger two? I am 22 years old and have a Family of my own now too. They can not go to foster care it is out of the question.
You should contact a family law attorney in and immediately file a Petition for Temporary Guardianship pending an adoption. You should secure the children so that they are residing with you when you petition the courts for guardianship. A family law attorney can assist you in following the appropriate procedures so that your case is heard before CPS comes in to intervene.
What can my daughter do if her husband has "common law" married another individual without divorcing her first?
there is no common law marriage in FL, so whatever arrangement he thinks is legal is not, he is still married to her until the court enters the divorce decree.
Florida does not recognize common law marriage. Your daughter has the option to proceed with a divorce or seek a judicial determination of spousal support, determination of time sharing and child support (if children are involved) if she is not yet ready to be divorced.
Florida has not recognized common law marriages since 1967. Your daughter is still married to her husband and will need to file for a divorce in order to end her marriage.
You can't get common law married to someone when you are still married to someone else, even in the states which still allow common law marriage. Florida is not one of the states that still allows common law marriage. Your daughter needs to file for divorce.
if you live in PA and work in NJ can you be garnished for credit card debt?
Yes, its possible. PA has no wage garnishment, but NJ does. If your employer is in NJ then the creditor can transfer any judgment to NJ and proceed to have it enforced as if it were a NJ judgment. I believe that NJ allows for up to 10% of your pay to be garnished.
Even in states where there is no wage garnishment (there are a handful), it depends also on the employer. Some employers honor wage garnishments - example, I have an NC client who works in NC. But his employer is headquartered in CA and there is a CA judgment against him. CA allows wages to be garnished up to 25% and they are garnishing his pay at that rate.
There are better ways of dealing with credit card debt before a judgment is entered. Credit card debts can be resolved by way of settlement if you have the ability and discipline to start setting aside money now with which to settle the debts.
You indicate that this is a credit card debt. Is it owned by the original creditor or has it been sold? Who owns it? How much is owed? Is there a PA-licensed law firm representing the creditor? Do you have any money saved up to deal with this? What assets do you own? What other debts do you have?
These are all things which any attorney would need to consider in deciding how best to help you. If you are interested in doing something about your debt in a non-bankruptcy non-litigation context, please contact me at [email protected]/* */
When charge with less than a oz of marijuana and a judge say pay 685 is that half are whole amouth do i pay a percent of that?
Your question makes absolutely no sense. Try posting again.
You are charged with less than an ounce of marijuana. If the judge indicated that your bond was $ 685, then you may be able to pay a percentage if a bondsman went on your bond. If you entered a guilty plea, and the judge said a fine of $ 685, then you must pay the $ 685 plus teh surcharge associated with the fine. So, there will be a total expense of around $ 1000. Let me suggest this: Because your question is so poorly worded, and indicates such muddled thinking, you may want to refrain from using drugs, and get a bit more education.
I have 3 children w/ my ex husband. He and his live in girlfriend had a baby two weeks ago. The baby was put into foster care at the hospital because mother and baby tested positive for drugs. Since cps is involved, and two of my children are minors and go see him, should someone from cps notify me? Do I have a right to know what drugs are involved?
If it were my children, and their safety was involved, I would not wait on anyone else to do anything. I would immediately get a lawyer to do whatever is necessary to make sure my children are protected.
In addition to having an attorney file a motion to modify custody or visitation, you should contact DFCS to let them know that you are required to allow your husband visitation in that house. If they tell you that doing so could jeopardize your own custody rights, you may have a good basis to deny him visitation with her present or in that house. Seek an attorney's advice before you do this, however. As to knowing details about your case, you have no rights to obtain information about her case unless you seek police reports or other information through a valid subpoena in your own open case.
i live in va beach and hired a nj lawyer for my divorce. After several months I told him I din't want him to represent me anymore. He tole me He has to file a paper with the court stating such. Is that true
Yes, it's called a Motion to Withdraw. (Once a lawyer is formally in a case, s/he
needs the court's permission to be out of it.)
The AME decided that my injury was P&S last year, The AME requested I go two more MRI this year. Now my Lawyer is cross examination of the AME. Why?
Maybe your attorney is going to ask your AME why he is requesting more treatment/MRIs when you have already been declared P&S. Maybe your attorney is going to see if the AME will change his opinion about your P&S status. There is really no way to know what your attorney is thinking without asking him. Why don't you give your attorney a call?
http://www.mwattorneys.com
MRI's are normally only done if further treatment is required, which implies that your condition may not be P & S. Demand of your attorney an explanation.
Can my landlord come into my fenced back yard without any notice or reason? I know she has to give me a 24 hour notice to enter my home. Does that apply to my yard as well? I am in California.
I say that the landlord has to give you notice to enter the back yard if your rental includes the entire property and back yard. If there are other units and this is a common area, then I don't think the landlord has to give you notice.
My father died in Oct. of 2010 in Florida. My step-mother never notified my sister and I of his death. We discovered that she had his will changed to exclude us. This was done when he had a diagnosis of Parkinson's Disease with onset of Alzheimer's Disease. Previous to the recent change in his will (when he did not have the Alzheimer Diagnosis) my father mentioned to me that I was in his will. Before my father passed away my sister went to see him and wasn't allowed due to my step-mother screaming at her that she wasn't going to let her see my father. My sister recorded this as proof. My step mother also sent my father to a nursing home without letting us know and left orders that my sister and I were not allowed to visit him. My question is there any way we can contest the will seeing that she had him change the will while not of sane mind?
You need to consult with an attorney with all facts not just those you shared in this summary.
Very hard to contest a will with the facts presented.
You would need written statements from Doctors that he was not competent
to sign a legal document.
Do you have a copy of the previous will or know who the attorney was that prepared it. Does not have to be a part of the hearing but would be a little more proof for your case. Otherwise if you prove that your father was suffering from mental disease at the time the other will was presented then it will be determined that he died intestate (without a will) and you will be entitled to one-half of his estate
Need to prove undue influence or incompetence. Not easy. You will need both medical proof and witnesses to confirm.
how does a landlord show that rent has not been paid by a tenant
In what situation/ courtroom, discussion with tenant, etc.? Normally the burden is on the person who can best prove the fact to do so; usually the tenant needs to prove that they did pay the rent by showing a receipt, money order stub, deduction from their checking account corresponding with their check book showing the rental payment that day, etc. The landlord stating the rent has not been paid is some evidence of it not being paid; most judges trust landlords more than tenants, based upon the greater number of untruthful tenants versus landlords..
I was recently charged with petit larceny and possession of stolen property in the 5th degree for stealing traffic cones from the town of Croton in Westchester County where I live. I intended on relocating them not keeping them but I was pulled over with them in my possession. I have a completely clean record and did not intend on hurting anyone with this, just playing a practical joke. I would like to know what an attorney would be able to do for me in this situation, and if possible, what i can expect to pay. I'm told there should be two or three court appearances.
I think a realistic goal would be to resolve the case without pleading guilty to either criminal charge. Meaning that you would still not have a criminal record. Fees range from $1500-3000 for lesser experienced attorneys and $2500-5000 for more experienced attorneys like myself. If you would like a free consultation please feel free to contact me directly at www.reasonabledoubtny.com
Go to court and see if they offer you a "Violation" which is a non-criminal offense. If they do take it. If not hire a lawyer. If you had no intention of keeping the cones if is not a crime.
You need a competent criminal defense attorney. A plea to any crime will affect your future. A plea to a violation will not. Retain a good attorney ,the cost today will be well worth it over time.The fees quoted by the other attorney are realistic. I would be happy to discuss strategy further with you. Contact my office at 7188340087 for a phone consultation
You should not expect jail time, but it would be highly recommended to have an experienced lawyer with you defending you and preserving your rights in court. It would also greatly increase the chance of lowering the charges or possible dismissal. We have substantial experience handling these types of cases and reasonable fees, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
Steven Czik
CZIK LAW PLLC
101 Avenue of the Americas, 15th Floor
New York, New York 10013
212.413.4462
[email protected]/* */
The information provided by Czik Law PLLC (CLP) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. CLP is not taking and will not take any action on your behalf and will not be considered your attorney until both you and CLP have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain CLP on terms acceptable to CLP, you are advised to immediately seek the services of another attorney.
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I plead not guilty to a traffic ticket. I personally know the judge, should I say I have a conflict of interest before court or during court?
Before court and it may be wise to hire an attorney. You can call me for a free consultation.
An oil company will run an oil pipeline within 250 feet of my home. Does the oil company have to reimburse me for the diminished value of my real estate and home ?
It depends. Is the pipeline going to be installed on property you own? If you do not own the property where the pipeline is being installed, I do not think you can pursue a claim. If you own that property, you may be entitled to recover damages. Our office represents individuals in these type cases (eminent domain/condemnation) and would be happy to visit with you about the specifics of your case. Give me a call at your convenience.
me and my landlords went to court and had an agreement threw mediation that they would pay me for repair receipts i have on the home by the 18th of may which they did not do they are trying to say the receipts are fraud which they aren't they are from handy men ect that happen to be friends of mine and my family the agreement did not say the receipts had to be a certain type it just said "receipts" which is what i gave them and now my part of the agree ment was to move out by the 2nd of June which i now cannot afford due to them not fallowing threw with there half of the deal and replacing my money i put into there home so my question is do i have the right to stay here and fill something against them and if so what would i file and if i stay would they have the ability to force me on to the streets
Receipts need to reasonable. ... You need to live up to your end of the deal and have clean hands to enforce the agreement...
I have been contacted, by mail, that my ex-husband has hired an attorney. Supposedly, he said he is taking me back to Court for Modification of Alimony. He said his Attorney filed papers during the week of January 25, 2013. I have heard nothing yet; in the mean time he has paid no Alimony and I am living off of $351.00 a month for the last two (2) months. My question is: should I wait to be served papers, or should I go ahead and file for ? so that I can get some money to live on until or instead of that Court Date----I filed "Contempt" before but stopped it because he straightened up before that; plus, if he goes to jail no one gets paid any money. Should I go first and file and what do I file for?????
I would suggest that you set up an appointment with an attorney and before going to the appointment go to the court to obtain copies of the motion to modify the support. Support is a very complex issue and you will need an attorney.Do not file without an attorney consultation. The fact that he has filed a motion does not give him the right to reduce the payments before a judge makes the order.
My ex husband and I have 50/50 custody of our girls 12 and 15. The girls would like to stay at my house 100 percent of time(except for every other weekends) during the school year and do 50/50 during the summer. At there ages can they chose where to live?
Kids do not get to choose, you need more evidence.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
[email protected]/* */
www.careyandleisure.com
Not if you already have a court agreement or order. You would need his written consent or a court modification.
Hi my name is Antonio I drove my car with out a driving license when the police stop me I give him an id whith other name an address never sign or have any other document because they never have my real information never put finger prints.
Now we have the opportunity to get a driving license here on MD.
Do I need to be worry ???
Can I get my DL
An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
Do you have a charge against you? Or are you saying that you fooled the police with a fake ID? If you have an open charge, you need counsel. If you did not receive a ticket, then it did not happen. Just be truthful on your new application and live your life in the light.
I have joint legal custody with my ex, he has primary. Recently he sent me a certified letter saying he plans on moving my children out of state in 60 days. Our papers state we can NOT move out of the county without written consent from the other party or court approved parenting plan. Neither of which he has sought out. What can happen if he takes them out of state?
You must file an objection with the Court immediately and request a hearing to try and block the relocation. I would need more information about your current orders to give you additional advice. Please know we offer free 30 minute consultations.
Best,
Carlie Owsley Walker
623-748-8973
I got into a one year lease with my ex boyfriend and both of our names are on the lease. Things didn't work out and he elected to leave the house. I informed the Landlord and since both of us are no longer occupying the residence, he wants me to vacate the premises and informed me that he will be suing us in small claims court. What rights do I have under tenant/Landlord laws? What can I do to avoid a judgment on my credit and how much can we be sued for?
It its rare for a landlord to evict one tenant because another has vacated. As long as you're paying the total rent, he may not have a basis to get an order of eviction. If the total rent isn't getting paid, he can terminate the lease, have you evicted, and get a judgment for double rent for the period that you stay after the termination. This usually doesn't occur in small claims court though.
If you pay the entire rent, I can probably successfully sue your ex to get reimbursed his half.
Good luck
Okay Lets try this again.. can you legitimate and child and divorce the father at the same time. the children were born before we were married and we have never legitimated the children.. we married a year ago the oldest child is 4 and the youngest is 2... I want to do an uncontested divorce but want the father to pay child support and have visitation... can this be done in the filing of the complaint for divorce and the final legitimating language being added to the final degree of divorce or do you have to file two separate actions
Marriage to the father automatically legitimizes children.
Legitimation is unnecessary since it occurred automatically upon marriage to the father. You can simply move forward with the uncontested divorce. Please feel free to give my office a call with any additional questions you may have. We would be happy to assist you with your divorce which in most cases can be done in 45 days or less.
We have a business and we did some work for some people that never paid us. We filed a lien on their house/property since it was worked done on their property (lot clearing, etc). Now the house is in forclosure. Will the mortage company have to settle the lien before they can resell the house?
Probably not. The liens would be subordinate (after) the mortgage lien. This means that they would be wiped out by the foreclosure. However, the obligation to pay isn't removed, only the security. You may have some other options, as well.
Dave
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Is it legal to take a album-cover picture, edit it, and make it into a t-shirt? (I am not in any way, shape, or form selling this t-shirt)
It's technically a copyright violation.
As a Franchise Attorney I agree with the other attorney answer. Noncommercial use is not a defense to copyright infringement. Generally, when you make an authorized copy of a copyrighted item, it's copyright infringement. Consult with a good intellectual property or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
I think Mr. Murphy meant ".... when you make an UNauthorized copy..."
In any event, I agree that it's a copyright infringement, but your chance of being sued over it is extremely small.
If the home passes outside of probate, why would it be necessary to determine the home to be homestead within a probate (petition to determine homestead status of real property)? Thank you
Because the courts have ruled that only the probate court has the jurisdiction to declare property to be homestead. That court order is what title agents rely upon to issue title insurance.
Briefly, the Homestead once declared by the Court, then is exempt from the pre death creditors of the decedent, including funeral bills, etc, with the slight exception of the IRS, and other Federal statutes that may take Supremacy over State laws.
Also you must clear that no minors, spouses take an interest in the same before it can pass by the will or other testamentary documents.
With reference to interstate telephone recording conversation. I requested a copy of an audio recordingnofnwhichni was a conscenting party. The other party, the one recording the conversation agreed to provide me a copy. However,mtwomdays afterwards, I was informed that the other party deleted the recorded conversation. Is this legal?
This was a little unclear. From what I gather, need to know much more about surrounding facts/ circumstances to say something meaningful here. E.g., Who are the interested parties? Why they have come together on this call, and what prior history do they have? What was the nature and substance of the call? Why was it (apparently) recorded, and what is the evidence it was recorded? What is the evidence of the knowledge of recording of some or all? Do any federal, state or local laws or regulations purport to apply? What is the usual custom and practice in the local industry? AND, how does the current state of the law apply to or inform these issues? And lots of other things. This one need lots more facts. Good luck.
What can I do if my ex girlfriend will not let me see my 7mo. Old daughter?
You leave out key information - most importantly are you legally on record as the father, either by you and the mother having filed the voluntary declaration of paternity paperwork, or having had a paternity determination case decided in court. What you can and need to do is crucially dependent on the answer to that question.
I agree with Mr. McCormick. You cannot get custody and visitation enforced through the courts without first having a paternity action established. But whether or not you have rights is not clear from your post. I know that it sounds bizarre, but in our system it is possible to be a biological father, but not a legal father. You may want to speak to a competent family lawyer, and at least get a consultation as to what to do.
My husband and I have a small trucking company. He drives the truck and I do all bookkeeping, dispatching, invoicing, DOT paperwork, etc. The business is in my name only as is the truck. He could never be bothered with computers or paperwork. Now that we have decided on a divorce, he thinks the business is his to keep. This is the only income for both of us. What is the law with splitting a business such as this? I could easily hire another driver and he thinks he could easily hire a secretary.
It appears to me that the business is a joint marital asset and subject to equitable distribution between you and your husband. In the absence of an agreed upon buy out amount, jointly owned businesses are usually appraised and one party buys out the other at one half of the appraised value.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner
You own it together but clearly you can't operate it together after the divorce. It has to be valued and then we have to work out a settlement. If you want to keep it, we should be able to work this out for you. I have an office in Toms River. Call me anytime at 732/773/2768 to discuss.
if my sister adopted my other sisters kids when she lost custody does that make her kids the immediate next of kin when she dies? even if the adoption was fraud because she gave the kids back to the mom and the monthly checks too? can that be changed?
If the adoption of the children was legal at the time, then the adopted children are the heirs of the adopted mother, and have no inheritance rights from the natural birth mother. As to the fraud claim, that is best investigated by the district attorney of your county.
My daughter has sole custody of our oldest granddaughter who is 14. Because of violent acts taken against this granddaughter by her stepfather, our daughter has agreed to send her daughter to live with us, her grandparents. How can our granddaughter be enrolled in our local school system if we are not the legal guardians?
You should start by getting a letter from your daughter saying that your granddaughter is residing with you, and then present it to the school district. If this is not acceptable to the school district, you may have to file for custody in the family court and get an order.
Does ICE look for you if you overstay?
I have overstay my 1-94 card does ICE look for you me and my husband want our daughters to finish high school here my 1st daughter needs one more year to finish. High school my 2nd daughter needs 2 more years to finish one's they finish high school we will leave but I'm really worried for me and my husband because my friend told me that there's a new law that says there is a ban of money or going to jail and I'm signing my daughters for Daca for they can live here for 2 years and about me and my husband really worries me.
Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Regards, RDM
misdamenor theft
i was charged with mis. 5th parma cod. od. 642.02 for theft and i gave all of the merchendise back and paid for the items that i lost. the total value was around 280. the police did not arrest me and they gave me a sitation for court, i've never been in any trouble ever. i cooperated with my job and came clean and the police. is this a good sign that i wont go to jail. and what should i plea no contest or guilty? also are the odds of me going to jail higher because i addmitted it? apolgized and gave everything back? anyway i can get the charges dropped?
thanks.
Re: misdamenor theft
You must plead not guilty at your arraignment so that you have an opportunity at another court date to talk to the prosecutor in hopes for a reduction. If you cannot afford a lawyer tell the court. You can feel free to contact me directly as well.
