can a daughter rent an apt from her father if he is landlord in california
Answer
Yes.
Answer
Sure, if she is over 18 and otherwise competent to enter into contracts.
can a daughter rent an apt from her father if he is landlord in california
Yes.
Sure, if she is over 18 and otherwise competent to enter into contracts.
My Husband received a notice to appear in court for a speeding ticket, and a ticket for not having his license. Well we live in Milton, FL, the ticket was given in Miami, FL. We have been no where around Miami. We believe his identity has been stolen. But now I do not know how to go about this. It was obviously not my husband because the ticket was on a late Sunday and he was at work Monday morning. We do not have the money to travel to Miami. Should we hire a lawyer? I am so confused. Someone had mentioned to just pay the ticket so that it would disappear. However, my husaband did not do it and I do not believe that is justice. What can we do. We are going to file a police report this evening after work. Other than that I am lost. We were not in Miami. We have a tag number on the ticket but it was not our tag. Pls Help
Whatever you do, do NOT just pay the ticket. You should hire an attorney that will help you straighten this ticket out. In the meantime, you should check your credit to see if anything else has been stolen and take corrective measures to avoid having your identity used again.
how long does a mother have to file for back child support in Osceola county Florida after her son turns 18 and the court ordered child support stops. My ex missed quite a few payments in the early 90's, my son is now 24
thanks
You are way too late.
If there has never been an order for child support, then your time to collect has passed. If there has been an order out for child support since before your son turned 18, there is technically no time limit to collect. There is, however, in Florida, a law called laches (pronounced like "latches"), which says you just can't do nothing then expect to one day go after the money. If you've tried to find him and he's been difficult to find or he's hidden (you've called, checked the internet, checked hospitals and jails, checked with his last known employer, etc.), then you may still have a chance to collect. If you've done nothing for two years or more, your chances of collecting are probably lost.
My sister went into a Pennsylvania hospital last month for knee replacement surgery and died three days later. The hospital has launched an internal investigation headed by an outside panel of medical experts (so we are told). We are also told, however, by the hospital's patient advocate, that once the investigation is complete the family will NOT be privy to their findings. We are anxious to learn why my sister died. Her son, who is her legal representative, is also pressing to find an answer. Is what the advocate said true and, if so, WHY... and how can we learn the results of their investigation? Thank you... P. Kunkel, Pennellville, NY
As the legal representative her son can at least request copies of medical records in her file. You should contact an attorney to discuss the matter more in depth.
If my sons father never took a paternity test and his mother tries to get visitation rights will they make him take a paternity test
You may have a problem if the mother files as next friend of your child.
I recently underwent IVF due to my husband's male factor infertility. I found out shortly after giving birth he had been cheating for over 6 years. I feel like he concealed this information for his gain in having a baby. Is there any way he can be sued for this devious behavior? He knows I would not have agreed to go through this process if I had this information. Pain and suffering?...anything?
No.
The California legislature removed all laws from the books that involved the state and the law in issues of infidelity over forty years ago. You can divorce for irreconcilable differences, or you can stay married. Those are the only options the law offers you.
my employer has implemented a new policy where when our patients cancle he has me clock out on 1 timecard (at $50/hr) and has me clock back in on other timecard (at $20/hr) to file papers is this leagal?
Completely.
there is a bill being passed in texas called(deregistration)for some sex offenders. i went yo prison in 1993 a five year sentntence did all but 4 months out in 1997 anyway i have kids of my own a boy 11 girl 8 i have no restrictions about seeing them. i can also go eat lunch with them at school and games etc. but i dont im afraid it would get back to them by school personal. i have also owned and operated my landscaping company for over can u help
Seriously, as I told you a couple of days ago: there are NO bills "being passed" in Texas now, and there won't be any more until the spring and summer of 2013. I imagine whatever you're looking at or heard that made you think that was from maybe February of this year, when the legislature (or at least a Senate committee) were looking into doing that. But it didn't happen, the bill never even made it out of committee. And there's absolutely no chance now for it to happen anytime soon, because the legislature is no longer in session.
Even if some state senator realized this afternoon, "Hey, I have the answer! Here's how we could do this that it would all work great and wouldn't cost a bunch of money and become a total bureaucratic nightmare and alienate our constituents after all!", it wouldn't matter--none of his compatriots are left to listen, everyone's literallly packed up and gone home, and they're not coming back anytime soon. Much as they might seem that way sometimes, legislative sessions are not literally going on all the time. We have to have some time in between to pick up the pieces. So there is no bill still pending, there is no new law on the horizon, and no one, with or without a law license, however well intentioned they might be, can do anything to help you "deregister", because legally there is no way to do that and there won't be, at a bare minimum, until at least 2013. Again, I'm sorry there's not something that can be done to help you, but given that the law did not and is not about to change, you're asking the impossible.
I do appreciate the answers to my previous asked question; however, I would like to rephrase my question. During my first marriage, I co-signed for a car for my ex-wife. When we got divorced, the car was awarded to her and all financial obligations/debt were released from me, per my divorce decree. She filed for bankruptcy and had to turn the car in as apart of the bankruptcy. With my divorce decree being a legal binding document, doesn't that protect me from having to owe this debt if it states that I will be released from all financial obligations/debt incurred during the marriage? Also, what are the legal ramifications of such debt? Are they able to file a 1099-c and take my income tax or put a lien on my home that I own with my current spouse? What about wage garnishment? Is there a way out?
If she filed a Ch 7 bankruptcy, and if your judgments provides she is responsible for the car loan and is to hold you harmless, her failure to pay the loan is a non-dischargeable obligation. However, as between you and lender, you are still liable. If they come after you, then you can seek a court order directing that she pay the loan. Whether that is a realistic approach is a different matter.
As to a 1099 , if they forgive your obligation, they may be able to issue a 1099. you need to discuss that with an accountant or tax preparer.
Only if they sue you for non-payment and obtain a judgment can they then put a lien on your house. You should probably own your house as tenants by the entirety. If that is the case, then they can not enforce the lien against that asset (so long as you remain married and living in the house.
Your divorce decree is legally binding between you and your former spouse only. The lender was not part of that court case, and therefore is not bound by the judgment.
1. We currently have over $85,000 in unsecured debt in credit cards due to home improvements on the home listed below.
2. We own one home that we owe $465,000 and zillow shows valued at $442,000. The payment is currently over $3500.00 per month and we only receive $2400.00 per month in rental payment to us. We owe $16,000 in back property taxes. We also pay for the house insurance.
3. We also one a home that has a first of $230,000 and a 2nd of $166,000 and zillow shows is valued at $230,000. The first is currently $1639.00 and the 2nd is an adjustable currently at $500.00 per month and we receive $1900.00 per month in rental payment to us. We owe about $1700.00 in back taxes and we also pay the house insurance.
We know we need to proceed with the Bankruptcy however we are being advised by 2 real estate agents to short sale the houses instead of including them in the bankruptcy. I am scared to death of the possible repercussions should we not be able to short sale these houses and the tax income ramifications if we are beside the length of time involved. We have been putting off the bk and house sales for 2 years hoping something will turn around and now we just want out as fast and easy and we can before the stress kills us.
Can you please offer some insight?
Because you are planning on filing bankruptcy there is no point in short selling your homes. In fact the short sale of your rental property can lead to tax liabilities. You can just surrender the homes in your bankruptcy. In fact by filing bankruptcy most likely it will prolong the time you can stay in your home and collect rent on your second property. You can call me to discuss this further 949-80-1182.
Generally, there are no tax consequences of filing a bankruptcy, however you should consult with a tax professional to be on the safe side. Since both the homes have a negative equity and a negative cash flow, there is no reason to keep them. Also, if you are doing a bankruptcy, there is no reason to do a short sale.
However, there is a possibility that if you do a Chapter 13, you can "strip" the 2nd lien, meaning to get rid of it. That might get you some equity in at least one of your houses -- or at least reduce the amount of negative equity.
DO NOT short sell the properties. Though it isn't completely clear from your info, it's possible you NEED the mortgage obligations in order to satisfy the Means Test in bankruptcy if you're over the median income for your household size. You need to be talking to a competent bankruptcy attorney in your area ASAP. Don't let the homes go in foreclosure just yet, either. Same principal: you may NEED those mortgage obligations for deductions from income on your bankruptcy Means Test.
Two exceptions exist to the general rule that "forgiven debt" is taxable as income: (1) you're insolvent and (2) the debt is discharged in bankruptcy. You'd be off the hook for taxes in you file bankruptcy, at least as to INCOME taxes on the shortfall when these properties are auctioned.
You're way out of my geographical area (San Diego), so look closer to home for help.
Paul Staley www.bankruptcy-sandiego.com 877-261-2217
I live in illinois. I have lived with my boyfriend for a year, he just moved out, and we have a 18 month old. We have never been to court over her. he has been charged with domestic battery but i had it dropped to battery in the past. Does he have anyrights to my daughter or does he have the right to ask for rights? I have heard it both ways today.
of course he has rights. whether those should be limited is the issue. if these was no battery of the child, your problems with him should not effect his rights to visit and more importantly support the child,
I agree with Mr. Shimberg.
I worked as a town Police officer. I was called by the Chief Police and was order to do a conflicting order I had received from the Commonwealth Attorney . I contacted the Commonwealth and told him I could not pursue his order I been advised by my Chief not to. The next day I showed up for shift and told I was no longer needed and to turn my weapon and badge my shift had been covered . I have been apling for jobs and been turned down so I hired a references checker and got a bad review and I have lot of documents supporting this
So, what was the official explanation given for your discharge from
your position as a town police officer?
My court date is tomorrow but I just found that I have to move back to my home state by the end of the month, in court when he asks my plea, any chance I can defend myself and make a deal with the judge?
You can defend yourself but as the old saying goes you will have a fool for a client. As to making a deal, you won't do that with the Judge, you negotiate that with the Assistant District Attorney. When in front of the Judge be respectful and remorseful. Also, remember to dress appropriately for Court. You don't have to wear a suit but a shirt and tie with pants will go a long way. Finally, if you are going to represent yourself and enter a plea be prepared to pay whatever court cost and fines that are imposed.
I was adopted when i was 10 years old by my step dad, who is now on my birthcertificate. I am now 21 and I would like to take him off and put my biological father on it. How do I go about doing that. I now live in Baltimore County, Md. Thank you.
To change your legal father you would need to go through an adoption proceeding.
What are the laws regarding operating an on-line retail business in Nevada?
A book would have to be written to completely answer your question. Should you decide to become entrepreneur, you better get used to reading and researching a lot. You should begin by visiting Nevada Secretary of State website at http://nvsos.gov. There, you'll find a lot of pertinent and helpful information. Next, you can get information and take classes at the Las Vegas Chamber of Commerce. For more information about the Chamber, go to www.lvchamber.com. Good luck!
Im 18 I had probation violations for not going to meetings then I missed court so I have a bench warrent am I looking at a lot of time I'm still on juvenile probation
If you're saying you're on juvi probation for a dui and haven't done classes and didn't show for court, you will most likely do some jail time. If its a first-time dui, you have 6 months of possible time hanging over your head, minus whatever time you may have already done. If you have a PD, you may want to speak to a private Criminal Defense Attorney to try to lessen the possible time. I wish you well............... David Wallin
You are looking at some real jail time. You need to speak to a criminal defense attorney immediately.
can my landlord give my new landlord a bad refreence
If by "bad" you mean the old landlord gives the new landlord negative comments about you as a tenant, yes, of course he/she can do this, so long as the comments are truthful. Further, under Civil Code section 47(c), even a false negative comment would pass the test of legality (i.e., it would not be defamatory), if it were made without malice (as the term "malice" is defined in the context of the law of defamation). So, yes, bad references are lawful as a general rule between old and new landlords.
Co-signed car loan
I am an adult (42) male. My Mother co-signed my car loan (I had bought a house) prior - I faithfully made all the payments thus far. We had a terrible argument; while I was away she came and took the car and won't give it back. Is this legal?
Re: Co-signed car loan
The answer depends upon whose name is on the title. If the car is titled and licensed in your name, then your mother has no claim to it. If it is licensed or titled in her name, you have no legal claim to it (although, since you've made the payments, you may have an "equitable" claim).
Assuming you have the title, or that it is titled in your name (and not in both your names jointly), then you have a legal right to possess the car. May I suggest, however, that an apology might be a better approach, even if you don't feel particularly sorry, because this sounds like more of an emotional, than legal issue.
If you are title holder, and your mother will not return the car there are legal mechanisms to get the car, including a "replevin" action. I would urge you to contact a local attorney who can assist you.
Three sisters own a single house in California but only two sisters name on title. So we signed an agreement 15+ years ago for even share after house is sold but not notarized . When the house on market, sister A decided to have more but agreed the balance goes to the other two as long as the individual is not great than hers. Sister A wasn't able to stay around for closing and had sister B as POA for the closing based on the mutual agreement of she gets certain amount. she did go to title co and instructed them the amount and bank acct info for wire transfer. House was sold and after fulfilled her requested amount, the balance for the other two didn't exceed hers.
One year later, she said she wants more or even 50/50 claiming the sister not on title shouldn't get even share. Can she do this or have a case if she pursuit a lawsuit
No one can give you a really informed answer on this without seeing all the documentation. From the way it sounds, she might have been able to shut out the not-on-title sister at the time of the closing, but I doubt that she'd have much luck trying to recover a greater share now.
Anyone can sue anyone for anything. Winning is different. This doesn't seem a case with any legitimate basis. If there is litigation filed, feel free to contact me for legal help.
Is it a crime to sign someone name on a Va. tax return.
Yes, quite possibly, if the signer was forging the true name of the person who
was designated to sign the tax return or affixing a signature to the document without the valid authority to do so.
I am a Plaintiff in a WC case in CA. How many times can they take my deposition. It was taken 5 years ago. If answer is in law books I need to know where.
Unless there has been a significant changes in circumstances, for example you have amended the application or sought treatment for new body parts, or you are claiming diminished future earnings etc, defendants are not entitled to another deposition unless they left the record open on the first one. If so, there will be a statement regarding future depositions in the first deposition.
Most Workers Comp judges at your Pomona & Anaheim WCAB offices *nearest your 91761 zip, would permit another depo about your activities since the last deposition ended 5 years back.
Trouble is, once the questions begin, if they ask a question requesting similar information from the deposition 5 years back, you MIGHT answer slightly differently, which would be used against you.
AS I ANSWERED your question in Law Q&A today, GET THE TRANSCRIPT FROM DEPOSITOIN NUMBER ONE. you'll want to memorize as much as you can. you'll definitely want it in front of you so if your attorney doesn't object "ASKED & ANSWERED" if an old question is repeated, YOU will know from re-reading the transcript that this question was already asked and answered.
DO NOT GO FORWARD WITH volume II of the deposition unless and until you have the first transcript in hand with a few days to re-read it.
I have only agreed to have the plumber fix my low water shower pressue due to what he had told me (1) the only way to fix it, is to go through the tile (2) fixing the tile will be cheap $100-$200. Now with a hole in my shower, I found out he could have gone through the drywall to avoid the damage, and that patching the tile doubles/tripples the amount I had paid for the plumbing itself, close to a thousand dollars based on two estimates. I went from a water pressure issue to an even more expensive tile repair issue. Since the plumber was wrong on both counts in which I had based my decision for him to do the work. Can the plumbing company be held liable for the difference from the $100-$200 to get my shower tile fixed?
Sue 'em in small claims court for your damages and failure to
perform the contract in the expected workman like manner.
My mother is on a ventilator in the Critical Care Unit at our local hospital. This past Friday evening we noticed that she was hooked up to a Morphine drip, which she is allergic to, and is/was clearly stated on both her charts, and her allergy bracelet. We were told that not only had the doctor ordered the Morphine without checking her chart, the hospital pharmacist filled it without checking her records and the nurse administered the drug without checking her bracelet. Luckily she was only on the drip for about an hour, and no damage seemed to have been done, but it's almost like we're are just being pacified by the hospital admin with "believe me, we'll handle it etc". Is this medical negligence and what should we do here? Thanks
Negligence, yes, but apparently with no damages resulting
therefrom.
As for what you should do, either remove your
mother from this hospital's care to another hospital (probably not practical at this point) or keep your eagle eyes peeled as to what happens there.
I had a court appointment yesterday at VA Fairfax general dist. I have been charged a misdemeanor class 4 drunk in public. But i fail to appear. b/c i thought that my appointment is today. what is the punishment? Is there a jail time because of i failed to appear? thank you very much.
The possible penalty upon conviction for this criminal offense is a fine of
up to $250.00 but there is no jail time imposable.
Call up the clerk's office (criminal division) and find out what happened
with your case and whether you were tried in your absence and, possibly,
convicted and fined.
how would you seach for an old will or probate inforamtion for a person who died in the 1960's or 1970's
Check with the court that would handled the estate. Where the person lived would be the best place to start.
I don't have money right now to hire an attorney. Can I file for divorce on my own at the court house in my county?
Yes.
My husband was incarcerated last year. he had three credit cards in his name only; two American express and one Capital One. Amex is suing him, apparently. I am receiving offers form attorneys to help. (that's the only way I knew he is being sued) Am I responsible for these bills? and can Amex garnish retirement check or take money from our joint checking account? I obviously do not have enough money to pay them or I would. these cards have not been used since he was imprisoned. what do I do???
The attorneys who are offering to help (soliciting business) are committing a breach of ethics.
The Amex be styled "Amex vs. The Husband." You are not PERSONALLY liable for your husband's debts.
Your husband may have a defense under the statute of limitations. Is the balance more than four years old?
If (when) Amex gets a JUDGMENT, they DO have the right to garnish a joint bank account. Your remedy is NOT TO HAVE ONE. Take care of that TODAY - make a personal visit to the bank if you have to.
When you marry a person, you don't marry his debts.
My daughter in law was on disability due to a neck injury which has been repaired and the doctor released her to return to work. Her previous employer filled her position, but has agreed to pay unemployment. She has not been able to find work and has applied for unemployment, but was turned down on the grounds that unemployment says she is unhealthy and can't work even though she has submitted the paperwork from her doctor stating she is health enough to return to the work force. Can unemployment make this kind of a determination and what should she do to correct this while looking for work?
She needs to submit a timely appeal within 20 days of the notice of denial. She should have been provided with the form to do so. A hearing will be scheduled and your daughter can provide any documentation necessary to prove to an Administrative Law Judge that she is able and available to work.
my c corp business was formed with help from Benetrends utilizing my 401K as well as personal guarantees. Going under; what to do? Personal guarantee applies to back-rent, equipment, supplies, etc. Own my home, not "underwater" on it & would like to keep it. Don't know what is the correct course to take. Help?
Well, how not underwater is it? Is there any equity? I mean, yes, we know there must be, but how much? As long as the equity in the house does not exceed what you are legally entitled to exempt (translation = keep), you could keep the house, file a Chapter 7 bankruptcy which would take care of all the personal guarantees (which sound substantial) and be in much better shape. Again, that depends on the amount of equity in the house, and other things such as income and expenses.
Feel free to give me a ring and I can discuss it further.
Todd Mannis, Esq.
Tel: (818) 591-9890
Calabasas, California
One possibility is dissolving the corporation and assuming all the debts of the corporation and then filing a Chapter 7 personally to wipe out everything. However, whether or not you can file a Chapter 7 depends on whether you can keep all your property and that depends on the amount of property you own after liens on the property and income/expenses. All that requires an experienced bankruptcy attorney to represent you. I am assuming you want to close the business because you cannot operate a business in Chapter 7 unless it is a self employment low risk occupation involving no employees. If you have a business then a personal Chapter 13 may be the option. Again, consult with an attorney locally.
My father died in the state of Georgia July 2012. His uncle died in Michigan November of 2012. Neither had a will. I was informed that my fathers three siblings and his three offspring, would receive a share of his uncles inheritance. Would my fathers widow, who resides in Georgia be entitled to any of the inheritance?
Probably not, but since you posted using a Georgia address, and this is a question of Michigan law, no one who sees this post will be able to answer you. Repost and use a Michigan zip code so Michigan lawyers see it. None can see this post.
Now you posted the same question with more facts. Unfortunately, Attorney Ashman is correct - you need to speak to a Michigan lawyer. Try going to a site called AVVO - and direct your question to Attorney James Frederick as he is a MI attorney: http://www.avvo.com/attorneys/48154-mi-james-frederick-739163.html
In answer though, your father's wife can inherit from your father as per the GA intestacy laws. Since father died before the uncle and uncle had no will, uncle's assets will pass as per the MI intestacy laws. The heirs under MI law would be uncle's spouse and children (generally - I am not admitted in MI so you need to confirm this with a MI attorney). If there are no spouse and children, and no parents of uncle, then uncle's siblings (brothers and sisters) would inherit. If any of them are deceased but left children (like your father) then they would inherit the share of their deceased parent. So it appears from your new information that your father's widow gets nothing but your father's children, the siblings of your father, and any other nieces/nephews/siblings of your uncle would inherit.
if you stop paying on a home equity line of credit and pay your first mortgage can they forclose?
A home equity line of credit is, by definition, credit secured by a lien on the home. Failure to make payments as agreed may result in foreclosure. It is also possible that, especially if the HELOC and the first mortgage were provided by the same lender, that the loans are "cross defaulted" so that a default on one is also a default on the other. I'd read the terms of both loan agreements very carefully before deciding that it's OK or "safe" to stop paying.
Any lender with a security interest in the house can foreclose if you default. You gave them an interest via a deed and lien when you took out the line of credit. It is just like a mortgage that you take money out of as needed instead of all up front. .
A rural residential area is zoned general business. Can a fellow start a cranberry farm? is there a nuisance law pertaining to who was there first?
Zoning in Wisconsin is controlled by the municipality. In cities or villages, they have zoning authority. In towns, the county has the zoning authority. One must review the applicable zoning code in order to determine what are permitted uses. Many times, general business is designed for retail-type operations, but you would need to review the code. A cranberry farm may be a conditional use (permitted with certain conditions).
As for a nuisance, that is a common law tort relating to the unreasonable interference with another's use of his/her property. Who was there first may be relevant to whether the interference is unreasonable.
Attorney James N. Graham of Accession Law LLC http://accessionlaw.com is providing a general answer which does not establish an attorney/client relationship and which is not legal advice. Contact attorney James N. Graham in order to discuss the terms of retainer and the information needed in order to obtain a legal opinion, recommendation, or advice.
what type of law is small claims? I want to direct mt question to the right specialist. I want to know if I can take someone to small claims court a second time. The first time the Judge dismissed it because I had the wrong time for court. I filed another form to tell him the reason and see if he would grant me another date and I was denied. That was last year. I believe I could win my case if given another chance. I have everything documented.
Small claims court is for any type of claim for a relatively small amount of money. If you are an individual and this is your first claim in the past 12 months, the most you can ask for is $10,000. I also assume that you are filing in California - the limit is likely different in another state.
You must be very careful to follow all the rules and fill out all the forms correctly. You should be able to find some assistance in this regard at or ner the courthouse that will hear your claim.
So long as the prior decision was a procedural one (like putting the wrong date and time on the forms) instead of a decision on the merits of your claim, and so long as the statute of limitations has not expired, you should be able to refile your claim.
Best of luck to you.
I suggest taking the paperwork from your previous case and speaking to a small claims advisor who is usually located at the court house where the small claims cases are heard. Call the court in advance and find out where your nearest small claims advisor is located.
my x-husband and i have joint custody he is moving however and i will now have the kids all the time except every other weekend when he gets them what do i need to do to get more child support
File a modification of custody, child support and visitaiton
If a person choses legal separation over divorce does the spouse continue to accumulate rights to retirement benefits once the legal separation is final (other than what they are already entitled to).
Service of a Petition for Legal Separation terminates the marital community, so benefits accumulated by either spouse after that date are not considered community property and therefore neither spouse has a claim to benefits accumulated by the other spouse. In this way, legal separation and divorce are the same.
Have a discharged bankruptcy can SANDAG in San Diego still collect from me
What is the SANDAG claim for? Some government claims are not dischargeable and some are. I would need to know what the claim is for before giving you advice on its dischargeability.
SANDAG is the San Diego Association of Government. The most common type of claim they might have is fines for not paying tolls for using HOV lanes. If so, this would not be dischargeable in Chapter 7 but might be dischargeable in Chapter 13.
Without more information, it is impossible to tell if the claim survived your bankruptcy.
I was pulled over said I was speeding, 41 in 25 that I dont think I was doing I was careful. But I did have an old tag that was assisned to the car, but when My Son died & I took the car they gave me a new plate. So can they actually charge me as a criminal charge? It was assigned but old. I had turned in My New tag to the car because I lost my job couldnt afford Ins. I did this because My Only Other Child needed a ride to work It was very foggy raining hard, I was scared for her, My Son died in 12/15/08, I had to do it, so many get killed walking around here. But I have no criminal record & dont want one for this.Please let me know what to do.
They most definitely can charge you with this criminal charge. It is a second degree misdemeanor, punishable by up to 60 days in jail. Even though you had good intentions, the prosecutor will undoubtedly say that you should have just put a proper plate on that vehicle. Even if you intended on using the same plate to transfer, it is still criminal. That all said, it can be fought. For example, the officer may not be able to prove the speeding aspect and therefore, we may be able to suppress the tag information. I suggest you get an attorney to fight this for you. I practice in Pinellas county so if you wish, just give me a call. My number is on the link below.
My attorney filed a Motion for Atty fees. I objected because I have proof he double billed . He also did not do any work at all and I also had proof of that. He called me into his office and I sat in lobby for almost one hour and saw him for approx ten minutes. He billed me for 1.7 on that. I objected . The Judge granted his motion. Can I file a grievance with Atty Gruevance or do I have to appeal Judges Order? I gave him a retainer
Although there may be a basis for a grievance, a grievance is not an appeal and will not affect the order entered by the court. You need to appeal if you want to challenge the order.
If this is a Chapter 13 case, and this attorney is over-billing, you might want to find a new lawyer to substitute into your case.
I am from Lodi california. I know the E.D.D.(employment development department)is not above the law. Who has the power to hold the E.D.D.-one of their court judges and their appeals board responsible for their wrong doing? I just need the chance to show my evidence to these people.I cant afford a lawyer so im seeking justice on my own.
If you have exhausted all the remedies available to you under the CUIAB system, which is a prerequisite to seeking any other relief your remedy would be to file a petition for extraordinary relief with an administrative mandamus petition. However, this remedy is typically dependent on a Superior Court reviewing the administrative record, which you must request from EDD. In your petition you can seek to expand the record to include new evidence, but this evidence must be evidence that was not available at the time of the administrative hearing. There is a fee for filing a petition for a writ of administrative mandate unless you file a request to waive fees based on your indigency. Also, unless you have a waiver of fees you will have to pay for the administrative record. If your cause has merit you should consider seeking the assistance of an attorney. Good luck.
At beginning of my lease, I paid first months rent, last months rent and security deposit. During the leasehold, we agreed to raise the rental amount by 300 per month. At the lease end , the landlord is saying that she is entitled to additional 300 dollars for the last months rent ( as this is the amount the rent was raised after I had paid the last months rent) . Is this true?
Yes, I would agree with you if the lease specifically referenced the last month's
rent as what was owed (and no more) when you initially paid it upon moving in, but if no such limitation is specified, the landlord's position could be supportable if there is no contraindicating language in the lease itself (which obviously cannot
be known by one evaluating the matter only from what has been provided in
the question).
If I want to bring my girlfriend to the United States from Ecuador what do I need to do
You'll likely want to apply for her K-1 fiancee visa.
You may find more information on the process here:
http://www.smartimmigrationlawyer.com/fiance-visa/fiance-visa-requirements/
If you are not planning to wed, then she would not need a fiance visa.
If she wants to visit, then she just needs a B-2 visa. She can refer to the U.S. Consulate Website for Ecuador at: http://ecuador.usembassy.gov/visas/niv.html
i went to a business and was looking at a bearing that the salesmans was holding - he dropped it on my
toe. even though I had shoes on - my toe swelled up and finally had to take the toenail off. and had to
be on crutches and have a special shoe to wear for about 3 weeks. what is my legal rights in this
case as far as a settlement
You need to repost this in the personal injury category as this has nothing to do with Workers Compensation (unless you also worked at the business). You'll likely get many lawyers providing their contact information.
My ex and I were never married, we do not have a court established custodial plan, and we have one child together that he sees 2 nights a week. My ex is currently unemployed and has plead no contest to felony domestic and sexual abuse charges stemming from an incident in which he pointed a gun at my head, he is still on felony probation. My husband and I have one child together and another due in a month, we have both received job offers out of state and informed my ex of our intent to move 4 months ago. Today I received a summons to a hearing for this Friday, "Former Husband's Verified Emergency Motion for Injunctive Relief Regarding Parental Relocation". The summons states that I informed my ex of the intent to move on April 2nd when in fact I told him about the move and the date months ago. The move is only temporary for a period of 5 months and then we will move back to Florida. I already agreed that during the time we will be residing out of state I will bring our son back to see him for a total of 40 days, split in to two three week segments so that he will receive the same amount of visitation, just in larger blocks of time. What information should I be prepared with to present at the hearing so that my husband and I are not forced to split up our family or lose our jobs because of my ex's vindictive nature? My husband and I do not have criminal records, and I am currently enrolled in nursing school online attempting to better myself for my children.
I would advise that you meet with an attorney who can ask more specific questions and review the document that he has filed.
You cannot properly prepare for an hearing with the information provided in this forum.
As the mother of a child born out of wedlock you are the legal guardian and can make sole decisions regarding the child including relocating unless there has been a custody decision or unless one is pending.
In the event the court treats the pending matter as a pending custody issue then you need to be prepared to explain the necessity for the move (with documentation and supporting evidence) and the fact that it is temporary.
The court will consider his criminal record and violence against you but be mindful that the fact that you have allowed twice nightly visitation may be a counter argument in his favor.
I would strongly urge that you seek legal assistance to present your case.
I would be prepared to present all the information you provided as well as the evidence concerning the job and your schooling. Also present the evidence of ex felony charges and history of domestic violence. It is very hard to fully tell you everything without more information. You will need to contact legal counsel asap so you can find out everything you need to do. If do know one you can contact your legal bar association. Best wishes and Good luck.
when you enter a school student or parent do you lose your rights?
To which rights are you referring?
I have recently found myself in a situation where my vehicle was totaled during a storm via tree colapse during a lapse of insurance. The situation is worsened because there is a 12,000 lien on the vehicle. I have the abilitility for NOW to make payments, but i graduated college in May, have no assets and a lot of debt, which makes paying monthly on a totaled car not very realistic. I currently live at home with family, and am in an intern position which is ending within a month. I spoke with a bankruptcy attorney, whom suggested that i A) declare bankruptcy, or B) try and amass some money in order to try and work out a deal with the finance company, letting them know that i have no assets and bankruptcy is on the table.
I am looking for a few more opinions, and curious about the liklihood they will 1) work with me on a deal, and 2) how much i would most likely have to come to the negotiating table with.
Thank you!
The attorney that you consulted is correct. However, please note that the bankruptcy route will effect your credit for several years. It would be wise to try negotiating a deal with the finance company. The amount that you should expect depends on the lender and how willing they are to negotiate. Every lender is different.
However, also be advised that you likely breached your finance agreement by failing to maintain insurance on the vehicle, so once you notify the lender of the "breach," they likely have a right to call the entire note due (depending on the language of the note). Again, the action(s) they take (or forego) is going to depend on the lender.
Good luck to you. Let me know if you have any additional questions. You're welcome to call for a free consultation.
Dom
Based on all the facts you described, you would be wise to have an attorney negotiate this matter on your behalf. Be extremely cautious regarding considering bankruptcy.
This website provides general information and general principles of law and does not provide private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
Phone: 612-296-9666
[email protected]/* */
DEBTOR-CREDITOR LAW
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A family member died recently and let me 9and others) a small amount of cash. The lawyer handling the estate is telling me I must give him my Social Security number before releasing the funds. Is there a federal law that requires this??? (My state does not.)
maybe he's trying to conclusively establish your identity?
Met with lawyer in early 2012. They took me on as a client at the initial level. Didn't hear anything for 4 months from SSA. Called SSA. SSA said that I had never applied for benefits. Got mad because the lawyer had essentially wasted 4 months of my life. Called the lawyer, left a voice mail explaining the situation, told them to forget it and not to file for me. Never heard back from lawyer. Thinking that the lawyer knew that I had abandoned the idea of trying to get SSI I decided that I would apply for unemployment and look for a job. Knew that I would just have to stop working at that job because of my disability but I still did it. Collected unemployment for a couple of months before finding job. Stopped working because of my disability in April 2013 and then all of a sudden I get a letter in the mail from social security asking for information about my case. What case?! Called lawyer I didn't know I had anymore and found out she submitted my application in May 2013. Lawyer claims SSA was claiming that they never received my information/application that I provided lawyer with in March 2012. My lawyer says not so because they sent it by certified mail. Well, apparently it took SSA and the lawyer from April 2012 - May 2013 to even start the disability process and I didn't even know that any of this was going on. I am worried because I am disabled but I had given up on SSI and tried to work again and also claimed UI Benefits where I marked that I was looking for a job all the while SSI stuff is happening in the background and nobody said anything to me. What is going to my now open case?
There is not much to worry about. Since you had stopped working due to disability in April and have applied in May there is no overlap. Even if there was, the SSA would make the adjustment. When asked about the employment history tell everything as it was and you'll be fine.
In my opinion you should have no problem. Just explain everything to the SSA as you have here.
My son was charged with sexual assualt to a child but the girl was over the age where it should have been worded different. It should have said to an allsent and he did not go out and rape her she lied about her age in order to go with him. Can the words be changed on his papers? Because this is stoping him from getting a job when they do back ground checks.
It sounds like he was convicted. If so, there cannot now be changes on his "papers". If the case is pending, he needs a lawyer to represent him. Be aware that it does not matter if a person lies about their age - it is strict liability meaning that it is illegal to have sex with a person under 17 no matter what age they say that they are.
My ex-wife and my current wife's ex-husband and his wife have been getting together recently and discussing our seperate child custody cases. They have been sharing information (which is mostly lies) and doing everything in their power to rattle our cages and cause us emotional distress as well as financial trouble by paying more attorney fee's. Since they are collaborating and coming up with the never ending list of lies, would I have a leg to stand on if I filed a conspiracy suit against them?
No. They have a right to get together and talk. If they tell lies in court you can ask the judge to impose sanctions on them.
You cannot sue for conspiracy. Conspiracy is not a civil cause of action. It is only a legal theory for making one person legally liable for the acts or omissions of another. It is similar to agency, where you can sue the principal for the actions of their agent. Likewise you can sue a conspirator for the conduct of their co-conspirators in certain circumstances. Fraud is the most common situation where conspiracy might be asserted. A and B conspire to defraud you, but only B makes the false representation to you. If it is a true conspiracy you can sue A as well as B in that case. The bottom line is that until there is a base for suing one conspirator, there is no grounds to sue any other conspirator. They are free to conspire to mess with you as long as the methods they use to mess with you are not illegal.
Mr. McCormick hits the nail right on the head. Conspiracy is not a theory of recovery, it is a form of vicarious liability. You would have to have an underlying cause of action, and then plead conspiracy to extend liability to the people participating in the conspiracy. Conspiracy alone is insufficient, it must be conspiracy to do something that the law recognizes as a legal wrong, and extends a remedy.
I want to transfer from nm to south carolina, I'm on probation for a year. (Misdemenor) did all classes but one n payed all fines except for po. Is it possible and what needs to be done
Speak to your PO about the Interstate Compact on Probation and Parole. It is possible to transfer, but there is a mountain of paperwork, and the receiving state must agree as must your PO.
So I originally had a root canal done on #29 last year by Dentist X. I remember the dentist saying something about being unable to put the post straight in and that he had to go in at an angle. He then took xrays after he was done with the procedure.
He also filled tooth #30 and that is the reason I originally went back this year. The filling had been sloppily done and had overlapped with the tooth next to it, making it impossible to floss. I always got food stuck in there and finally picked my way through with a dental pick. Which is probably what caused the filling to crack, I don't know. I went in complaining of sensitivity to hot and cold. Dentist X did an examination on me and said he was going to refer me to a specialist as I would need to have the filling removed and a root canal done (this is for number 30) what he didn't tell me is that he was actually referring me for number 29, which is the one with the crooked post).
When I got to the specialist, they did a more thorough exam of my cracked filling and said that based on my reactions to the pressure and dry ice, that it was most likely not necessary to do a root canal at this time. They said that since I only responded to cold stimulus for about 4 to 5 seconds, that I could probably just get another filling, with the possibility that I would need a root canal later.
As for #29, they said that they would have to take out the root canal, repair the perforation of the tooth, and do another root canal. They never said the probability of the procedure being successful.
Also, do you think that the dentist who originally did my root canal should have corrected the situation immediately, instead of waiting a whole year to refer me to a specialist to correct it?
Should Dentist X,who originally did the root canal, be held responsible? I don't think it's fair that I paid for the root canal and am now paying for a specialist to fix it. I don't have dental insurance and this is all becoming very costly.
The dentist that did the original root canal and perforated the tooth should be responsible for the perforation. It would be interesting if his x rays show the perforation. Sometimes the x ray does not show the perforation. If the tooth can be successfully repaired, you are lucky. If the tooth is lost, then you have a real problem that would make it worthwhile to contact a lawyer. The location of the perforation sometimes determines the success or probability of success of repair. There are ways to proceed without a lawyer. If the dentist who performed the root canal is a member of the California Dental Association, you can file a complaint with the local dental society which is called Peer Review. A Peer Review action does not obtain for you pain and suffering but it can result in you the dentist who perforated the tooth being required to pay for the repair or refund you the money charged for the root canal. You do not get pain and suffering or lost wages in a Peer Review Claim. You can approach the dentist who performed the root canal, tell them that your tooth was perforated by them, and see if they will cover the cost of repair. If you loose the tooth then you will need a dental implant and crown. This is significantly more expensive than the repair of the tooth. If you need to discuss this further, please feel free to contact me.
Michael Wasserman
www.toothlawyer.com
I live in Texas, What if my husband tricked and coersed me into signing a prenuptial agreement and it wasn't signed in front of a lawyer. Is it still legal? What are the ways it can be broken if it is legal?
A prenuptial agreement does not have to be signed in front of an attorney. It does, however, have to be voluntary. Whether it was depends on how your husband "tricked" you. If you have concerns, you should see a family law attorney right away. I am board certified in family law and if you feel that I or one of the other attorneys in our office could help you, then please cal (817) 336-8500 for an appointment.
I have received a notice to appear in court for a domestic case...I did not press charges, the state did and I don't want to be involved in the case. What will happen to me if i do not go to court?
If it is a subpoena and you ignore it, the court may issue a contempt of court order or issue a body attachment and send the Sheriff to arrest you and bring you to court for your testimony.
If it is a simple notice, you can contact the person who issued it and see if your testimony is necessary and see if you can testify via a deposition at a convenient time.
That you don't feel like getting involved is a non-starter. If you are a witness or have information that is important to the resolution of a case then you have a civic duty to come forth and inform the court of that information. You would want a witness in a case you were involved to the same for you. It is a responsibility that comes with agreeing to live in our society.
I hope this helps.
What do i have to do to have the father get half custody?
Custody in Wisconsin is the right to make decisions over the child. The options are Joint and Sole custody. It is rare for a Wisconsin court to order Sole Custody, so you likely already have Joint Custody.
Maybe you mean placement. Placement can be primary, shared or split. Shared placement is anything over 25% placement. Split is when we divide up the children to the two(2) homes.
Changes in custody or placement can be done by petitioning the court for a change.
I bring up the terms because if you are going to ask the court for a change, you need to use the proper terms (or they will get confused).
To get a change you will need to file a form FA-4170 with the court. Take Four(4) copies to the clerk of court in the county where the last action was filed. Have them file stamp these copies, and get a hearing date. Then have the other party served with one set of the dated copies. You will need to give the court proof of that service. Usually one uses the county sheriff where the other party resides to effect that service. They will then give you a document back that you deliver to the clerk of courts.
Contact me directly if you have any questions about this process.
I need to know if first offenders are removed after 7 years, I received one May or June 2004, successfully completed my year of probation and class required of me, and am uncertain about my limitations with it. I know it does not discriminate me against any job but I need to know who can pull that up if its still on there? I have a job now where I am trying to be a court representative because I have a bachelors and I can go to court with the attorneys. I need to make sure that when they do my background check my first offender will not negatively affect me. Overall my question is it on my record still and would it make me fail the court background check?
Your first offender is on your record, and will be until you die. I suspect that your poor judgment that led to the offense is what will negatively effect you, not the fact that you used 1st offender. Use your head, IF 1st offender was removed from your record every 7 years, then you would be allowed to commit 4 or 5 criminal offenses during a lifetime and never have a felony conviction. Because you have completed the 1st offender successfully, you should be commended, However, do not fool yourself. Some employers will never hire anyone that has been arrested for a felony offense, irrespective of whether there is a conviction or not. See wesbite for more info on 1st offender and expungments: www.lawrencelewispc.com Good luck.
I participate in a long term, inpatient , paid clinical study sponsored by the major pharmaceutical corp.
I live in 1 large room along with a group of the study "subjects" One of my close neighbors has been behaving from the very beginning ( now is the 4th week )in a noisy, obnoxious manner with a total disregard to the facility's own rules . My complaints are taken but there is no actual effort made to enforce the rules and make the conditions livable. I am being deprived of sleep at nights ( his snoring ) and putting up with the noisy days. After 4 weeks I'm exhausted . Because the situation has become unbearable I have been sleeping ( with the management gracious permission ) in a separate TV room on the 2 x 5 feet couch with the cold air condition blowing into my face while he enjoys his snoring and daily noisy routines. After spending the nights or at least the portions of them in the comfort of the couch suitable for 6 year old my neck hurts and the pain radiates up to the lower back. and I am kind of a nervous wreck. At the beginning of the study I have signed an agreement but it does not relate to the situation like that.
If the situation does not change rapidly I plan to sue them.
Where do I go , what specialty lawyer would handle this case?
Thank you in advance if someone will be kind enough to respond
Can't tell what is going on precisely. What are they testing? For all I know you're both experiencing side effects of a drug.
is it legal to use a person's full name in a song without permission? does it matter if they are dead or alive?
I would need more information to make a proper decision
I'm in the US wanting to get a divorce in El Salvador with ex who is also in the US but ex does not want a divorce. There is a child in between but the child is in El Salvador. Can either of us go to jail in El Salvador if there is cheating involved?How long could the process of getting a divorce in El Salvador be? Will spouse and I have to go to court in El Salvador to get divorced?
I'm a licensed Texas attorney so I can only address TX law. Since you are both here in the US, you can divorce in Texas. In Texas, if one spouse wants a divorce then the divorce will be granted if you can get her served with the divorce petition. I recommend that you contact a family law attorney in your county. Check out this website and www.avvo.com for an attorney to help you. Most accept payment plans. I don't know how you will find one that also knows El Salvador law.
You will need to contact an attorney in El Salvador about the laws in that country.
in minnesota can I collect unemployment if I was given a severence package
Hello. This is not a simple 'yes/no' sort of question. Here is a link as a starting point for information: http://www.uimn.org/uimn/search/?v:sources=mn-uimn-app&query=severance&x=-1202&y=-128 Please do seek private attorney counsel as to your personal legal needs and issues.
Tricia Dwyer Esq
Ph 612-296-9666
Tricia Dwyer Esq & Assoc PLLC
Can a mother ask for child support when child is 16 from father even though father has never been involved with child in texas?
Yes.
His "involvement" in the act of procreation was enough (in the eyes of the law).
if i am paying child support and paying toward arrears and now i am also paying out of pocket for medical expenses for the children since their mother won't. can i have the medical expenses accredited toward the arrears amount?
Unless your court order says you can, no.
I moved out of a apt. And thought my name was takin off the lease now three years later when i try to move im told i was evicted late last year and owe 5000 dollars.what should i do?
You might need to speak to an attorney as there is not enough information to give a proper answer here. I will say that you should probably speak to the old apartment management and ask for a list and the nature of the charges.
i have a really quick question my cousin has life without parole and he has been incarcerated for 15 years and our question as a family is there a chance or a way to get the without removed from the sentence so there is a possiility for release? With all of the laws changing. Is it possible or thesisible to hire an attorney for him after so long? Some of the people who testified have recanted their stories about what happened and we know he didnt commit this crime he is sentenced for. Please Help me out with this one.
www.californiainnocenceproject.org
No.
how often can a judgement creditor levy my bank accounts?.
Unlimted
I'm currently 54 yrs young and have only met my biological father twice in my lifetime. If he dies am I able to receive anything from his estate? Will I need a birth certificate or DNA test to prove I am his daughter?
No, under these circumstances the only way you could
receive anything from your putative father's estate would be if
he dies with a valid will which specifically names you as an heir and beneficiary of his estate.
What a my rights under a consent agreement with the city of Roseville Mi.concerning nuisance ordinance?
Since you consented to it, I assume you know. Otherwise, we would have to read it. Tim Klisz. Kliszlaw.com
My husband entered into a business contract with his brother who is now under investigation for fraud against the US Government. The brother used my husbands name in a number of contracts without his knowledge. I have now come to learn that the brother also used my name and also signed my name on a contract. I had no knowldege of this and have never agreed to any involvement in his business. Can I sue him for using my name without permission? If so how would I proceed with this. I live in Florida but the brother lives in New Mexico. Thank you for your assistance.
While your husband's brother's actions are criminal, you actually need to talk to a civil lawyer in order to sue. You should try one in Florida if that's where you live. Sometimes, they can handle the case here. However, it may be necessary to contact an attorney in New Mexico at some point.
Last year we purchased a townhome that was part of an HoA. Before closing, we asked for the information regarding the HoA rules, and were given a document that our realtor procured from the seller. It said nothing about parking, except you could not park on the streets.
We closed on the home, and moved in. There are three of us living in the home, each needing a car for their job.
We just had a car towed, and were told that we can ONLY park in the garage; not on the street, the overflow lot, or the driveway.
When I complained and mentioned that the documented rules stated nothing about this, I was told I "must have had the wrong rules" and they emailed me the "correct" ones.
I told them my situation; I just paid to purchase this home under the understanding that the three of us on the title could actually function and park our cars (we have a single car garage in this complex.)
They were unsympathetic and told us we would have to sell two of the cars and take other transportation!
Who was responsible for letting us know this, and what rights do I have?
I let the mediator for the HoA know that our realtor had reached out to the HoA prior to closing, and could not get in contact.
The mediating company said that, yes, the HoA does not allow for contacting them directly, even from homeowners and realtors, and that had the previous owners not saved the copy of the "rules" to give to us, we would not have been able to get them until closing on the house and calling the managing company.
The name of the "managing" company was not disclosed on the MLS for the home, is not included on the HoA documentation, and was incredibly hard to find out even once I had moved in.
Do I have any option other than selling my home and taking a loss, here?
This seems like it can't be correct that they are able to do this to us.
In Minnesota, HOA's have broad powers to regulate their communities. However, there are many legal requirements they must follow to legally enforce them. Also, there are numerous disclosure requirements that sellers and agents are required to provide upon a sale of a property in a HOA. You should contact an attorney to review your matter further and discuss your available remedies.
Generally, Home Owners Associations must follow all law but otherwise have broad powers to regulate communities. Disclosure requirements are typically extensive in law. I urge you to confer with an attorney at this time so she/he can assist you and advise you as to your particular issues. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Real Estate Attorney, http://dwyerlawfirm.net
I have loaned a friend a lot of money and he signed a notorized promissory note to pay it back. he is now thinking about a bk but said he may not add me as a creditor. can i get a judgement on the note and have his wages garnished? or if he does file bk and includes me do i have to settle? i put this loan on a visa and he has been making payments for 5 years. he is now 2 months behind.
Yes you can get a judgment on the note (depending on what the note says) and garnish his wages and lien his property. If he files bankruptcy, you may be out of luck for collection of this debt.
Joel
You are at his mercy. Just hope he either does not file bankruptcy or does file and voluntarily pays you after. A judgment will only increase the chance he will file and decrease the chance he will pay you. If he files he must include all debts. However, he can pay any debt after bankruptcy voluntarily. Just be nice to him. Suing him will almost guarantee losing both the money and the friend, which is unfortunately what often happens when you lend money to a friend.
I am not a bankruptcy specialist and you should consult with one before relying on this, but I believe he is offering to do you a favor. I am fairly certain that if he does not schedule you as a creditor, you will be exempt from the bankruptcy discharge, meaning the obligation will survive. If you sue him, that may force a bankruptcy and you would be included in order to bring you under the automatic stay of proceedings. Likewise, if you get a judgment, it is almost certain you would be scheduled and forced to take whatever you get, if anything, with the balance discharged. On the other hand, if you are scheduled as a general creditor, rather than a judgment creditor, you may be last in line for any payment. You really need to consult a creditor's bankruptcy attorney for more definite answers.
I have a 2yr old son born out of wedlock. Our original plan was to give him up for adoption but we changed our minds last minute.
I don't have court order for child support or anything. The mother is asking me to go to the court to legitimize him so I have legal parental rights to him if anything happens to the mother.
I have signed his birth certificate when he was born at the hospital and his birth certificate does list me as the father.
Do I still need to make a court petition to legitimize him even though my name is already on his birth certificate?
Yes, you still need to go to court. In Georgia, signing the birth certificate is NOT enough to legitimize the father. You MUST go to court and go through the formal legal process. There is no choice.
Please note: It is true that once you legitimate you will be in a position to petition for custody (full custody, joint custody, visitation, or some combination thereof) if you choose to do so, but you should also know that once you legitimate, the court may order you to pay child support if the mother so requests. You don't mention what your current relationship with the mother is, but it's possible her request is for this purpose.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.********
My daughter is 16 and pregnant the father of the child left her but wants to be involved in the child's life. She wants him to be financial responsable for the child and to see his child but under her supervision for at least the first year. She also doesn't want to get permission from the father when she desides on what school he goes to or if she goes abroad on vacation. The fathers family talks bad about her and doesn't want her baby hearing degative things about her. Please advice on what is the best thing she can do.
You need to start a Paternity Action with the court. This is like a divorce for unmarried people. This will enable her to set parameters on parent time. This will also set up child support and the parameters of it. Child Support can also be collected through the Office of Recovery Services. Let us know if we can be of any help.
I was awarded settlement money after being hit by a car, but now my it is being kept from me.
More than likely, you were a minor at the time of the accident, so the money was put into a blocked account until you were to reach legal adulthood. If you are now an adult and the money is still being withheld, you should speak with an attorney in your area about how to go about getting the funds released.
We would need a lot more information. Mr. Cohen assumes that you are a minor and it was placed in a blocked account. I assume that your attorney took the money and refused to pay you your portion. Another possible interpretation is that the defendant refuses to pay and abide by the settlement. Please repost with more specific factual detail.
My wife wants to divorce me, we got married according to Muslim law in which husband has to give her some money specified on marriage certificate in case he wants to divorce her wife and I wrote $50000.00. But we called a pastor from church to register our marriage in USA with no money contracted. My question is: if we divorce then how much money she could collect when we don't have any kids. How much hardships I could face at the end of this marriage that she threatens me a permanent support I will have to pay. A year ago I got green card on the basis of this marriage.
I suggest you sit down with an attorney and discuss everything. Call me anytime at 732/773/2768 to discuss.
This is an unusual situation, and I would have to research it. I have never heard of a Muslim marriage contract like this, and I have no idea if the Judge would enforce it. There are a LOT of reasons why it should not be enforced in this country.
But you clearly need some help from a lawyer.
Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit.
I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Phone: 201-820-3459
Fax: 201-820-3461
Email: [email protected]/* */
Website: AttorneyRobertDavies.com
For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com
Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.
Can you move to another state for family assistance after you file for child custody and divorce?
Only with court permission.
You personally can move anywhere you wish, however relocating children should involve getting a stipulation with the other parent filed with the court or a court order permitting the child's relocation.