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Questions Answered by Brian Lehman
1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Separating from my child's father never married Can I ask for full custody in exchange for himnot paying child support?

I don't want to keep him from her but he has a history of depression and anxiety and has disappeared and told me several times he just wants to run away when things get tough. My fear is that he will disappear and reappear demanding his rights. I want him to see her as much as he can but not... Read more »

Brian Lehman
Brian Lehman answered on Mar 1, 2017

Those are separate issues: child support and full custody. However, in my experience, an agreement between the parents that promotes the best interests of the child will be accepted by the court. This sounds like a good situation to retain an attorney as you do not want to have the appearance... Read more »

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: If my husband is married in mexico to his first babys mom, then lied about it. What do i do now?

So we have 2 kids a 10 n 8 yr old he is illegal n has 4 or 5 other kids with different women. I knew he had been married to one of his oldest childs mom. He had gone to jail n we thought if we got married they would not deport him since i had just had a baby n we were married but that was not the... Read more »

Brian Lehman
Brian Lehman answered on Mar 1, 2017

I recommend contacting a family lawyer near you to get advice. Here are some basics so you can communicate with that lawyer as to what you are seeking.

The marriage is prohibited by Colorado law because it is bigamous (meaning, one spouse is still legally married to someone else)....
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1 Answer | Asked in Business Law and Employment Law on
Q: IT startup company closing operations after 1 month, what should employees do?

I am an IT professional working in a startup company in Bengaluru, two days back all employees got an email that the company is stopping operations and will continue to work from Gurgaon after 31st march. Except one employee rest 6 are not willing to go so far due to individual reasons, also... Read more »

Brian Lehman
Brian Lehman answered on Mar 1, 2017

The lawyers who answer questions on this website are, in my experience, primarily focused on U.S. law (federal and state). As Bengaluru is in India. My best advice is to google for lawyers in that area and see if you can have a free consultation.

1 Answer | Asked in Divorce on
Q: I already acquired a divorce decree from Florida where i was married and divorce,But according to Philippine law I need

I need to process a recognition of my divorce here in Philippines by law.I already acquired my divorce decree from Florida State and was Authenticated by Philippine Embassy, when I tried to file it here in Philippines my Lawyer told me that I need another document from Florida where I got my... Read more »

Brian Lehman
Brian Lehman answered on Mar 1, 2017

I've included the text from a document prepared by the Philippine Consulate General which explains the procedure as well as the link to the pdf below:

"There is no divorce in the Philippines, but when a divorce is validly obtained abroad and initiated by the foreign spouse, the...
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1 Answer | Asked in Car Accidents and Criminal Law for Washington on
Q: Can you be charged with reckless driving for an incident that you were already given a 2nd degree negligent driving tick

Shohomish county WA is were the incident took place

Brian Lehman
Brian Lehman answered on Mar 1, 2017

Yes: As the website below explains, "section three of the statute says, basically, is that if you’ve been charged with a crime because of your crazy driving (say reckless driving or reckless endangerment, or even DUI), you can still be cited under this section. They are just pointing out... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: is it legal for a judge to send a man to prison after he signed a plea for a fine & probation. It was for 1 yr txs.

The term is 1 yr and 1yr probation. Fines. No criminal prior. Has children. For unsigned return the acct sent in. Seems very harsh.

Brian Lehman
Brian Lehman answered on Feb 28, 2017

Yes, the judge can enter whatever sentence he or she wants so long as it is within the law. The plea was with the government, not the court. I have seen people plea and then get the maximum sentence anyway.

1 Answer | Asked in Traffic Tickets, DUI / DWI and Car Accidents for Texas on
Q: Can I sue a drunken driver for driving on the wrong side of the road that almost crashed into me?

I was responsible for calling 911 and reversed to follow the driver and alert other drivers with my hazard lights and while honking. I am mentally scared to drive now specially at night.

I filed an affidavit the night of and made sure to get as much informartion needed

Any help... Read more »

Brian Lehman
Brian Lehman answered on Feb 26, 2017

Sure, you can sue. I'd recommend a personal injury lawyer near you.

1 Answer | Asked in Employment Law and Juvenile Law for California on
Q: is it against the law for a 10 year old to pick up a parents work check while the parent is waiting in the car ?
Brian Lehman
Brian Lehman answered on Feb 26, 2017

Nope (not based on what you said here).

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: My ex is tryin to take my kids. He ain't on birth certificates what could happen if he does try to take them

I have a three year old and a four month old me and my ex were together for six years but never married most of the relationship he was getting high now he is threatening to take my kids what could happen if he does try

Brian Lehman
Brian Lehman answered on Feb 25, 2017

The court could issue a wide range of orders that determine custody. You should consult with a family lawyer in your area. Here is a list: https://www.justia.com/lawyers/family-law/new-mexico/hobbs

1 Answer | Asked in Child Custody for Maryland on
Q: My sister has custody of my 2year old son is there any way i can get the granted custody papers
Brian Lehman
Brian Lehman answered on Feb 25, 2017

It would depend if the court seals such papers from public view. The clerk's office keeps the papers in what is usually public record, but often family matters are sealed. If the file is sealed automatically or otherwise, you need a court order. Regardless, the clerk's office is... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: What are the chances of bail on a rape charge of a person with no prior criminal record?
Brian Lehman
Brian Lehman answered on Feb 25, 2017

It is impossible to answer without more specific facts as courts look at the totality of the circumstances. For example, ties to the community and job status are always considered in my experience.

1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: I own this https://trademarks.justia.com/870/77/traphaven-87077506.html now offer apparel and someone has started sellin

hats.but i sell shirts and was looking into hats to use them for promotion and havent had the chance to ammend my rights.I am also known as "traphaven" on All social media.I have a site selling shirts but now he also has a website selling the hats.I have numerous media with the wordmark... Read more »

Brian Lehman
Brian Lehman answered on Feb 25, 2017

You can bring an action for trademark infringement and perhaps other causes of action in federal court. If you would like a referral, you can contact me at the email on my website.

2 Answers | Asked in Domestic Violence for Texas on
Q: My girl called the cops on me and they gave me an incident report number, does this mean I have a record

Last week my girl called the cops on me when they arrived they called the DA and she told em she will not press any charge so they gave me an incident report number and ask that one of us has to leave before they vacate the premises, Now am curious will this turn up on my record should a... Read more »

Brian Lehman
Brian Lehman answered on Feb 25, 2017

I do not believe you have a record, but the local police department may well have kept a mental note (or actual note) and will see if they get called to your house again. Here is why I think that is true.

First, Texas and Houston in particular has long had a "zero tolerance"...
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1 Answer | Asked in Animal / Dog Law for Washington on
Q: my friend wants hes dog back

my friend was staying with a roommate and asked the roommate if he could keep hes dog there until he found a new place and then he did find

a house for him and he's dog and now the roommate doesn't want to give him back is there anything he can do he really misses he's dog ?

Brian Lehman
Brian Lehman answered on Feb 25, 2017

Here is a list of lawyers near you that specialize in Animal & Dog law: https://www.justia.com/lawyers/animal-dog-law/washington/pierce-county

This type of issue comes up enough that there are articles written on it:...
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1 Answer | Asked in Traffic Tickets for Maryland on
Q: speeding & driving with no supervision with my permit. Cop told me I can go to court and get it reduced, how to do that?

I got pulled over for speeding and I got another citation for driving with my permit with no supervision. It's $90 + $290. (Cop said 1 point plus 5 points ir maybe more). The cop also said I should go to court and maybe the judge will reduce or take it away/ dimisss it because getting 6 points... Read more »

Brian Lehman
Brian Lehman answered on Feb 25, 2017

In all criminal situations, it is best to hire an attorney who specializes in that law and frequently goes to that court. That is exactly what I would recommend here. You want your attorney to talk for you in this situation.

And, yes, you must appear on the date required. Not showing up...
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2 Answers | Asked in Criminal Law for Oregon on
Q: Is it legal for me to carry a collapsible baton in Oregon?

I have been thinking about getting a collapsible baton but I don't know if it's legal for me to carry it in public. Also I would like to know if there are any special requirements for me to own one.

Brian Lehman
Brian Lehman answered on Feb 25, 2017

Probably not -- a court would likely find it illegal.

Under ORS 166.240, it is illegal to carry certain weapons concealed: "any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal...
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1 Answer | Asked in Immigration Law and Education Law for Florida on
Q: Hello , I recently got my DACA last summer. I'm trying to use Advanced Parole to enter legally. Should I wait on that?
Brian Lehman
Brian Lehman answered on Feb 25, 2017

You would need to provide an immigration an attorney more specifics about your situation. I believe in your situation contacting an attorney will be well worth it for you.

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: is a butane can used to refill lighters a probable cause to search a vehicle? in oklahoma
Brian Lehman
Brian Lehman answered on Feb 23, 2017

You would need to give more facts of what was happening since the court would consider the totality of the circumstances in deciding if the officers had probably cause. For example, such a container may be used to help smoke cocaine. A large butane lighter, fuel canisters, a smell similar to... Read more »

1 Answer | Asked in Civil Litigation for Kansas on
Q: What is lack of subject- matter
Brian Lehman
Brian Lehman answered on Feb 23, 2017

I'm guessing you meant: "What is lack of subject-matter jurisdiction?"

When a court hears your case, there are three questions it must initially ask:

1. Does it have subject-matter jurisdiction? Subject-matter jurisdiction is the authority of a court to hear cases...
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1 Answer | Asked in Immigration Law for Washington on
Q: If a dreamer wants to travel within the U.S. and has a removal of deportation, can he still travel? He's traveled before

He's traveled to five different places in the US with the former administration. Although protected as of Tuesday, he still wants to make sure traveling within the states is possible with a removal of deportation. Thank you!

Brian Lehman
Brian Lehman answered on Feb 22, 2017

There is nothing about the President's order that would trigger deportation or removal if someone is traveling within the United States. If he is in removal proceedings, then he is in administrative proceedings to determine his removability under immigration law.

The proceedings are...
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