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Questions Answered by Lucas Wynne
1 Answer | Asked in Child Custody and Child Support for North Dakota on
Q: Does a father have as much custody as the mom without going to court yet? In ND.

The mother wont let the father see his daughter. The mother moved to a different town farther from him and she is denying him his rights to see her. No court order has been made yet but she hasnt talked to him since July and she ignores every message she sends him. She also has him blocked on... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Without a court order, neither has many rights (if any) at all. Time to file a custody proceeding.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: My ex husband and i have a parenting plan in place and he has not followed any of it. Can i have court change it?

We agreed on parenting plan Dec.31 2019 and he has not attempted any visitation since october 2019. He has distubed my sons emotional wellbeing and.development with his actions towards him. We have tried contacting him via phone and he either ignores us or hangs up. There has been no attempts to... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

This question is too hypothetical. A court, however, certainly has the authority to issue an order.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Is it legal to use a fake non-government ID to verify your identity on Facebook?

For a personal-use account that is not being used to defraud, bully, or stalk. Currently there is no way to use a pseudonym on Facebook regardless of reasons (victim of stalking/domestic violence, trans, or just people that don't use their legal surname online.) Public/Private Library Card,... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

No

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: Can i sue my last landlord for $2000 payment we agreed upon for moving out early and can i get interest for late payment

We recently moved out of a duplex due to the place being sold by the landlord and the new owner wanted to live in the basement where we were living, we agreed to break our lease and move out for a payment of $2000 as well as our security deposit back as long as no damages occured. we got the... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Likely, get a lawyer.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: What is the time limit for any dog to be outside in minus degree weather in North Dakota ? 24/7
Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

I am unaware of any such law. However, you could likely find yourself with an animal abuse charge for keeping a dog out in cruel conditions.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Calif License, in North Dakota citied for doing 75 in a 65. Best way to get ticket dismissed, insurance cant find out.
Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Insurance can find out before any judgment is rendered on the ticket, so you're out of luck there. Best way to get the ticket dismissed is to challenge it if they, in fact, cannot prove you were speeding.

1 Answer | Asked in Child Support, Securities Law, Social Security and Tax Law for North Dakota on
Q: Is there a legal way to be exempt from paying tax? Also a legal way to cash out all of your social security?

I want to be able to have money for my retirement or to leave to my children when I pass away with the New president election for 2020 im afraid I will loss all the money put into my social security over the years and im not willing to risk that because are new president wants to change are... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Although you cannot avoid taxes, you may want to look into trusts in South Dakota.

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: I received a text message from my landlord that he was having a crew come in to clean up the yard.

He said that we had until then to get anything we wanted to keep taken care of. I looked out the window about a half an hour later to see there was one of his workers out there. I text him saying that he gave us until the next day. He replied by saying that he was just there to pull weeds. I left... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Sue him in small claims court.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can I move back to Minnesota with my kids after 2.5 months living here?

My boyfriend is the father of my two kids. We moved here 2.5 months ago. He had been sober but right after moving here started drinking again. We are not married and have no kind of custody agreement. His family is going to help me leave. Am I able to take the kids back to Minnesota legally?

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

No attorney can provide you specific advice on this situation without knowing more. Generally, however, no custody order means no rights have yet been established for either party.

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Native American Law for North Dakota on
Q: Do I have rights to view business policies and privacy policies from say a tribal newspaper operations?

And is there a state law protecting the name of minors?

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

There is no such right bestowed upon you. Your second question is too vague.

1 Answer | Asked in Uncategorized for North Dakota on
Q: I received an email from Google today about my Google account is being subpoena. I don't really understand it.

Google has received a subpoena for information related to your Google account. This email serves as notice to you that Google may produce information in response to the subpoenas unless you make a formal objection in court, as described below.

The subpoena was issued by the Plaintiffs in... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

I will simplify it: a dude is suing Playitka and Caesar's Interactive Entertainment due to what is alleged to be the operation of an illegal online gaming operation. The subpoena is attempting to identify other people who may have lost money to this operation (e.g. you) to establish a class... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: I am being charged with Theft by deception. however, I did not deceive anyone or steal any property. I am being denied

A public because the court is under the impression that I make too much money. I am currently unemployed and have been for about a month. What advice do you guys have for me?

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

I have a million pieces of advice because I take 10+ calls like yours every day. Firstly, most people would prefer a private attorney over a public defender and I hope you don't learn that reality the hard way. Secondly, if this case is in North Dakota and you were denied a public defender by... Read more »

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: I am trying to get my nephew a legal aid lawyer so he can get custody of my niece. The Mother has just passed away.

The father is out of the picture. Will you please lead me in the right direction?

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

Sure! Firstly, your nephew needs to be making the calls rather than you. But the website you needs is legalassist.org, which is for Legal Services of North Dakota.

1 Answer | Asked in Uncategorized for Minnesota on
Q: I was working at someone's home ( who is not covered by insurance)I slipped and fell down 3 stairs, broke my heel bone..

my heel bone still causes me a lot of pain and I limp now. The person has since moved out of his home.

The surgeon said he may be able to do surgery in it, but if gets infected he'd have to amputate my foot.

That was scary. Decided not to get surgery, with chance of my foot... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

Maybe - here's why. When you say that you were "working" at someone's home, the question is too vague for me to determine whether this is a workers' compensation or personal injury case. Secondly, the homeowner must be negligent for you to make recovery. There's a big... Read more »

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Can I use video/audio that my step son recorded of his mother and her boyfriend fighting as evidence in court?

My 11 year old step son has sent his dad and I an audio recording of his mom and her boyfriend fighting (video really but it is in his pocket so only audio is usable). They break several court orders from past custody disputes. When we asked him why he recorded this he said he wanted to make sure... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

This question is very hypothetical. You can use any evidence in court that you can get in over objections.

1 Answer | Asked in Child Support for Minnesota on
Q: I just found out I may be the father of a 17 year old. If tests says I am will I have to pay any kind of back child supp

They are demanding I take a DNA test.

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

Very likely

1 Answer | Asked in Consumer Law, Communications Law and Small Claims for Minnesota on
Q: I hired a newborn photographer and the pictures came out horrible I would like a refund. What can I do next.

This started back in July of this year. We went to the photographers address and did the photo shoot. It took her close to a month to send me proofs to select which photos I liked. I would send her several emails asking what the time line of when she would have the photos ready. I would receive a... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

Small claims/conciliation time it seems.

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: Who should I talk to in order to acquire a stimulus check despite being in arrears to child support? ...Read on.

My son is 23 years old, works as a delivery driver and pays no rent to his mother. His tax return was ...significant. However, I was laid off in March due to the pandemic lock-downs, and my job officially ended as the June riots destroyed my place of work. Needless to say how hard it was to see... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

The payout is going to be redirected because you have the back payments owing. Unfortunately, the state will not care much that you lost your job.

1 Answer | Asked in Divorce for Minnesota on
Q: My Husband Left Me In 2010 Because He Met Someone New On The Internet And We Have Not Had Any Contact Since He Left!

I Want To File For Divorce But My Problem Is I Have No Ideal Where My Husband Is Or If He's Even Alive And His Family Will Not Give Me Any Information On His Whereabouts! I Just Need To Know What To Do Next In Order To Divorce My Husband And Keep Myself Moving Forward With My Life Because... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

Although your husband sounds like a jerk, not knowing where he is will not be a problem. You will do something called "service by publication" under Rule 4 of the Rules of Civil Procedure in which you actually publish the notice of the case rather than serve him personally. Hope that helps!

4 Answers | Asked in Criminal Law for Minnesota on
Q: Hello wondering if my probation officer has legal rights to extend my probation? My fines paid. Contacts me 2 month late

I have a violation for a medicine I was prescribed showing up as methamphetamine. I am prescribed adderall but I'm a veteran they give multiple brands of dextroamphetamine which is active ingredient in adderall. The VA has well documented uas when I went for PTSD therapy. So they know what... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

If you have prescriptions, those prescriptions can generally be proven.

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