Questions Answered by Paula McGill

Q: Okay my daughter has vitiation to her kids on the weekend but the father does not let her have them

1 Answer | Asked in Family Law for New York on Nov 10, 2012

Answered on Nov 21, 2012

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Paula McGill's answer
She should file a contempt action with the court who issued the visitation order. In the petition, she should request make up time for the weekends she missed.

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Q: According to my aunts will her sister gets everything. Other siblings are dead. Could their children challenge the will?

1 Answer | Asked in Probate for New York on Nov 14, 2012

Answered on Nov 21, 2012

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Paula McGill's answer
They can challenge the will. However, if your aunt was of sound mind when she signed the will and the other formalities were complied with by your aunt, the challenge should be unsuccessful.

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Q: Been married 8 months wanna get divorce,what is the process

2 Answers | Asked in Divorce for New York on Nov 19, 2012

Answered on Nov 21, 2012

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Paula McGill's answer
You didn't state why you wanted a divorce. Therefore, I assume it will be no fault divorce. Under New York no fault, the marriage needs to be broken for 6 months or more. You should seek the advice of an attorney to determine if you can handle it yourself. You can also contact me at (202)294-0435 to schedule an initial consultation.

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Q: Does my neighbor have a case ?

1 Answer | Asked in Animal / Dog Law for Maryland on Nov 18, 2012

Answered on Nov 21, 2012

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Paula McGill's answer
If the neighbor sues, you need to file a counterclaim. Anyone can sue. You will need your neighbors as witnesses to the event.

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Q: The Judge sets a hearing on Defendants motion to dismiss 1 year after my complaint was filed.Where's the judge leading?

1 Answer | Asked in Employment Discrimination for Maryland on Nov 20, 2012

Answered on Nov 21, 2012

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Paula McGill's answer
The information you supplied is not enough to determine your chances of surviving the motion's hearing. He may need additional information from the parties that are not in the motion or response. It is difficult to speculate.

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Q: HOW CAN I ENSURE THAT MY SOON TO BE EX-WIFE DOESN'T TAKE MY SON AWAY FROM ME OUT OF STATE?

1 Answer | Asked in Family Law for Georgia on Nov 12, 2012

Answered on Nov 21, 2012

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Paula McGill's answer
This should be resolved in the divorce before she moves. You should retain an attorney to protect your interests. You can seek custody of the child to keep him in Georgia. Even if you lose that petition, your visitation should be established based upon her staying in Georgia and her moving to Utah. Once a visitation order has been established, if she violates its terms, she can be held in contempt.

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Q: My spouse and I are separted she took child out of state. Filed for divorce. No custody agreement

1 Answer | Asked in Child Custody for Georgia on Nov 13, 2012

Answered on Nov 21, 2012

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Paula McGill's answer
What is your question? If she filed for divorce, you need an attorney to represent you. Custody, child support, and property divisions are at stake. Obviously, she has planned ahead.

However, you might be able to bring the case back into your state if she has not satisfied residency requirements of the new state or the children have not been out of state for more than six months.

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Q: Can a Mother of a child give custody of her child to someone to keep the father of the child from getting the child?

1 Answer | Asked in Child Custody for Georgia on Nov 17, 2012

Answered on Nov 21, 2012

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Paula McGill's answer
If she took the child less than six months ago, everything can be handled in her last state of residence if your brother also lives in that state. Otherwise, he needs to pursue the matter in Georgia by filing for legitimation (if he hasn't done so) and custody or visitation.

He should file it in the county where the mother lives. At that point, the mother will have to disclose the whereabouts of the child. If she in fact gave the child to someone else, he will need to bring that...

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Q: In a child custody hearing, can the defendant make you produce a copy of your entire Facebook account ?

1 Answer | Asked in Child Custody for Georgia on Nov 19, 2012

Answered on Nov 21, 2012

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Paula McGill's answer
The defendant can request the Facebook account through request for production or subpoena, you can always object to the production or move for a protective order. Depending on the issues in the case, it is likely the court will require some production of the account.

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Q: I have no job,only asset is a 9 year old car. Can I lose my CAR in a civil case if i lose my case? No bank accts.

1 Answer | Asked in Civil Litigation for Georgia on Nov 19, 2012

Answered on Nov 21, 2012

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Paula McGill's answer
If you lose your case, the judgment creditor can place a lien on your assets, including your car. However, depending on the Plaintiff, it may not be worth going after your 9 year old car. Instead, waiting until you obtain a job, open a bank account, or buy a new car may be a better strategy. Judgments can be collected for years after the case closes.

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Q: I want a legal divorce, I also want the $50,000 owed to me as welll as have the date of the divorce retroacted to 1978

1 Answer | Asked in Divorce for New York on Nov 3, 2012

Answered on Nov 9, 2012

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Paula McGill's answer
You have not provided sufficient facts to allow me to determine if you are entitled to $50,000 and a retroactive divorce. You should seek legal counsel as soon as possible. At the minimum, you should be entitled to a divorce.

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Q: I have custudy of my son and he moved in with his non custodial parent do i have to pay support

1 Answer | Asked in Child Support for New York on Nov 5, 2012

Answered on Nov 9, 2012

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Paula McGill's answer
The other parent should be more concerned because he has to pay child support until the court orders otherwise. The safest thing for all parties is to file a consent petition to change support and custody. Unless the parties agree otherwise, the judge will determine your child support obligation.

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Q: If the father of my kids doesnt work, can he be ordered to pay child support?

1 Answer | Asked in Child Support for New York on Nov 7, 2012

Answered on Nov 9, 2012

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Paula McGill's answer
Yes, the judge can impute income based on his ability to make a living. The judge can use the salary he made before he became ill.

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Q: I quit my job in July 2012 to marry and relocate to another state and I was denied unemployment.

1 Answer | Asked in Employment Law for Maryland on Nov 8, 2012

Answered on Nov 9, 2012

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Paula McGill's answer
At this point, you cannot do anything unless you want to appeal. However, with the information you provided, it is unlikely you will be successful. However, if you are adamant about seeking unemployment because you decided to marry and move out of state, move forward with the appeal.

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Q: I received a call from someone trying to collect a debt from august 2007 which I am not sure we owe. is this still legal

1 Answer | Asked in Collections for Maryland on Nov 8, 2012

Answered on Nov 9, 2012

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Paula McGill's answer
It is legal to call on a debt until you tell the debt collector not to call. Also, if you don't agree to anything or admit to anything, you can just wait until the limitations period runs or the debt collector sues. If you are sued, you may have several defenses.

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Q: Can an accused person talk to prosecting attorney if they have public defender

1 Answer | Asked in Criminal Law for Georgia on Nov 6, 2012

Answered on Nov 9, 2012

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Paula McGill's answer
You can try, but it would be unwise. Moreover, the prosecuting attorney should refuse to talk with you because it's unethical to speak to a represented person about his/her case.

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Q: My ex-partner bought a house 3yrs ago in GA. The mortgage is not under my name but we did sign a quick claim deed.

1 Answer | Asked in Real Estate Law for Georgia on Nov 6, 2012

Answered on Nov 9, 2012

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Paula McGill's answer
If you became owner with him through a quit claim deed, he cannot ask you leave. It is irrelevant that you are not on the mortgage. If he had come to me before he gave the quit claim deed, I would have told him not to do it.

You can always ask him to buy your interest out or demand the property be sold. Otherwise, the situation could get nasty and possibly dangerous.

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Q: Someone filed bankruptcy on a loan i did

1 Answer | Asked in Bankruptcy for Georgia on Nov 8, 2012

Answered on Nov 9, 2012

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Paula McGill's answer
What is the question? Is it a Chapter 7 or 13? Does the person have assets that will allow you to get even pennies on the dollar? For the larger creditors, are they objecting to the bankruptcy? Depending on the size of the debt, you might want to take the time to go to the creditors' meeting to obtain additional information on the person's financial situation and your chances of obtaining any money.

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Q: How do you get divorced if you cannot track down your spouse?

2 Answers | Asked in Family Law for New York on Aug 27, 2012

Answered on Sep 3, 2012

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Paula McGill's answer
File the summons and complaint. Keep a record of how you attempted to find your spouse Thereafter, file a petition with the court to serve by publication.

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Q: I sold a house and the real estate agent claims that I owe them money

1 Answer | Asked in Real Estate Law for New York on Jul 19, 2012

Answered on Jul 21, 2012

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Paula McGill's answer
Did you hire the agent? If so, look at the contract you signed with the agent. Some contracts require payment if the house is sold during the retention period regardless of whether the agent brought the buyer to the seller.

You may want to take the contract to an experienced real estate lawyer in your area. A consultation may be free or no more than $300. Of course, you don't have to retain an attorney just because you consult with him or her. Just don't sign a retention contract...

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