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Questions Answered by Lucas Wynne
1 Answer | Asked in Child Custody for North Dakota on
Q: Grandparent custody and moving the kids from North Dakota

My grandchildren are living in North Dakota with her father he has only had custody for 3 years prior to that they lived with my husband and I in Washington State. They are 13 and not happy or well taken care of by their father and stepmother there have been issues with physical and verbal abuse... Read more »

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

If they have been living in North Dakota the requisite amount of time, then it may be time for a child custody proceeding to be initiated.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Can the cops pull me over for any violation but ticket me for a different reason then why they stopped me

I got pulled over for expired tags. when they asked to search me I told them I had a knife on me. The cop said he ain't going to ticket me for why he stopped me but arrested me for misdemeanor weapon concealment charge. Was that legal?

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

Maybe, it depends on the circumstances of the stop. Many lawyers, like myself, help individuals determine if their stop and arrest were legal.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Dakota on
Q: Mom and dad are in school together dad is 18 mom 16. Dose the father have same rights as mother to the new born baby

They have dated almost two years he was 17 she was 15. They are still in school. But the mother to the 16 year old won’t let dad see the baby .

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

A father's rights are not there from the get-go. A child custody proceeding sounds necessary.

1 Answer | Asked in Divorce, Family Law and Child Support for North Dakota on
Q: If a court says they won't sign off on a child support agreement, what needs to be filed to correct?

My ex recieved a letter from the court stating that they would not sign off on the child support because its lower than the calculated amount

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

You need to use the child support guidelines to calculate the correct amount and resubmit.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: What happens if a defendant does not respond to custody papers? Does that mean default custody is given to the plaintiff

I have filed for custody of my son and the defendant has been served in the state of MN. If she does not respond after the 21 days given to respond, what is expected to happen then?

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

A default judgment could occur in which you are awarded all that you have asked for in the complaint. However, the judge is still going to review that judgment to make sure the requests are compliant with the law.

1 Answer | Asked in Estate Planning for North Dakota on
Q: When I got divorced my ex and I lived in a house. In the divorce papers it says he can live there and maintain it.

When he sells it i would get half. He's in the process of selling. He probably doesn't remember that at all. My name is not on the deed and the house is paid for. I can get a quick deed. Do I remind him of the divorce papers or what?

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

You remind him of the divorce papers. You then sue him for the money if he fails to turn it over. But I would suggest doing so quickly as a lawsuit is only as good as the money standing behind it.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Am I able to dispute a ticket that I never received? It’s been 3 years and I’m now finding out about it
Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

There are some larger issues with a traffic ticket that old. Specifically, whether you have a warrant for that ticket and whether any evidence even exists anymore to prove or disprove the claim. As soon as the case is opened, yes, you could likely dispute.

1 Answer | Asked in Child Support for North Dakota on
Q: How can I pause child support? The father and I are living together and I no longer need child support.
Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

Child support is difficult to modify, but a stipulated order may do the trick if you are now residing in the same household and sharing expenses.

1 Answer | Asked in Family Law for North Dakota on
Q: Help? My daughter is almost 6 and hates to go to her fathers. I have primary residential responsibility.

At what age can a child skip a visit. If they just don't want to go? She goes there every other weekend for one night. We have been divorced for 4 years. What is the ND laws on this?

Lucas Wynne
Lucas Wynne answered on Jan 10, 2020

The court order must be followed. Skipping court ordered visits is likely to result in very serious problems, including giving the other party potential grounds to modify the order.

1 Answer | Asked in Contracts, Domestic Violence and Landlord - Tenant for North Dakota on
Q: I am trying to find case law on a specific statute. NDCC 47-16-17.1. but am struggling with research on this.
Lucas Wynne
Lucas Wynne answered on Nov 1, 2019

Sorry, but this is not a question. Get more specific and try again!

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: I got speed ticket at grand Forks North Dakota do I need lawyer for the this ticket? My point goes up.
Lucas Wynne
Lucas Wynne answered on Nov 1, 2019

A speeding ticket only? A lawyer may be a bit overkill in terms of price.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I was asked to care for a dog of someone who was evicted from their home. I was told that the owner of the dog would be

bringing me the paperwork to change the chip info on the dog. This request was made on behalf of the owner who also had 4 pit bulls placed with a rescue during this same incident. The owner, in possession of all my contact info, employment and knew where I lived, never showed, never called or... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 23, 2019

Yes, but you may be able to sue them for expenses in caring for the dog.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Does absconding while on bail change your future court dates

I'm also on parole .. and am doing intermediate measure right now

Lucas Wynne
Lucas Wynne answered on Oct 23, 2019

Yes - but not in a good way. The judge will kick your dates back because you're not there, likely hold you in contempt and revoke you on anything outstanding, and you may be charged with additional crimes for absconding. I've helped a good number of people figure out their court date issues and... Read more »

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I was engaged to a girl for 12 years we broke up but stayed roommates today she flew to Utah and took my dog

I just want my dog back

Lucas Wynne
Lucas Wynne answered on Oct 23, 2019

The dog is property. You may have to go to the police station and report that she stole your dog, then see if they issue a warrant. They may tell you they're not interested in helping you, in which case you will need to file a lawsuit for the dog in the state where the property (the dog) is... Read more »

1 Answer | Asked in Divorce for North Dakota on
Q: Can my wife keep all the money from a joint mortgage after a divorce?

We are selling our place and she says only one can claim the joint mortgage and she gets to keep all what's left

Lucas Wynne
Lucas Wynne answered on Oct 23, 2019

This question cannot be answered here as it is highly dependent on the judgment itself.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: Can the seller take a propane tank after the house was closed?

He told us the house had a 500 gal tank and a 1000 gal tank. He never said he was taking one. He came and took it AFTER we closed.

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

Sounds like a good time for small claims court. Get compensated for that tank.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can custodial parent move over 150 miles away in same state (north dakota)?

Also can they require the non-custodial parent to travel more than half the distance for their parenting time? Can the custodial parent deny weekday visits saying they can only do visits at a location closer to the custodial parent. Even if this language is not in the court order? The move was also... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

The court order contains all of the requirements. Everything else is just the other parent trying to pull a fast one. An order cannot require that a person never moves - but a person moving could, potentially, have other implications. Unfortunately, you will not get specific advice on this... Read more »

1 Answer | Asked in Child Custody for North Dakota on
Q: Can the court require legal representation to have a case heard?

A friend of mine is trying to get custody of her son who is being emotionally abused by his father (he has physical custody and they both live in ND). The courts are telling her they won't hear the case unless she has legal representation. She makes too much for legal aid and doesn't have the $5000... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

I feel as if information may be missing with this story. The facts are too vague, but a person DOES have the right to represent themselves.

1 Answer | Asked in Criminal Law for North Dakota on
Q: How do I answer"Have you ever been convicted of a felony?" if my record is sealed, but shows up on checks?

I plead guilty on a charge because I was told that the record would be sealed after two years of probation. I should have fought it, but it was cheaper and easier to plead than to fight it. I found out later I stay in the system on background checks. My state has a clause that says if I go 5 years... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

North Dakota does not say "five years and we treat it like it never happened." Instead, North Dakota has a period in which you can petition to seal your record. If you received a deferred imposition of sentence (which would seal it after probation) and it was never sealed, then petition the court... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: In the state of ND. If I fired my attorney at trial and requested a new one but the judge denied me a new attorney. Are

Their laws supporting me? I then represented myself but my original lawyer was on standby. I did not want her anywhere near me as she was not supporting me.

Lucas Wynne
Lucas Wynne answered on Sep 18, 2019

You have the right to an attorney at public expense if you cannot afford an attorney. You don't, however, have the right to pick your attorney at public expense. Unfortunately, many people end up being unsatisfied with their public defender. But being unsatisfied with your public defender leaves... Read more »

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