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My girlfriend has invited me into the home. Her mother doesn't want me there. She threatens to call the cops and get me removed. The roles were reversed a while ago and my mom wanted my girlfriend to leave the house but the dispatcher told her there was nothing they could do about it because... View More
answered on Jan 4, 2024
As a practical matter, this will be at the discretion of police arriving at the scene. Generally, no 17 year old as a minor can grant an invitation over the will of the adult who owns the premises. I do not believe the prior police officer's statement was a correct statement of law. One thing... View More
I spoke to a school official about my friend's safety at home. They made a report with CPS and CPS did a wellfare check. Somehow my friend's parents found out I instigated the report. Was my counselor or CPS allowed to share my name?
answered on Jan 3, 2024
If you ask for your name to be kept anonymous, it ought to have been. It doesn't seem clear from your question, however, how the parents you mention the actually stand out your name. They may have guessed it from the context. When you determine how you're information what's... View More
Hello,
I have sole custody of my teen.
The father was diagnosed with a serious mental illness over a decade ago.
This year the father's family had to take guardianship of him, and he was declared incompetent due to the course of his illness. Out of an abundance of... View More
answered on Jan 1, 2024
I agree with my colleague. When confronting a parent with mental health issues, one needs to gather all the relevant medical and therapeutic information. You should also keep in mind that Ohio law was recently amended to specifically direct courts that having any kind of disability cannot be the... View More
My daughter's father and I have 50/50 joint custody. I will get my associates in April in pre nursing. I told him I'm applying to schools right now for my BSN. In order to get my BSN, I need to travel to complete clinicals out of state as there are no local clinical locations. I asked if... View More
answered on Dec 29, 2023
Without knowing the specifics of where this other school is, what you're proposed schedule is, and how much it disruption this will be in the child's life, It is impossible to actually answer this question. You have expressed your question as to what your daughter's father will... View More
As this money was a marital asset, is it too late to try to get any of it back?
answered on Dec 28, 2023
In order to fully answer this question, an attorney will need to review the dissolution paperwork, including the separation agreement. Was this 20,000 that you mentioned actually listed in the affidavits accompanying the petition for dissolution? Was it mentioned in the separation agreement? Is... View More
I have a temporary OP and need to know what I need to have with me at court to get the permanent OP granted. My son’s father is extremely abusive towards women and has been for 15+ years. I didn’t think he would abuse my son until he came home the other day from his house and went to school and... View More
answered on Dec 18, 2023
Given these facts, you should get your child into counseling. Unfortunately, it is unlikely you would be able to get the counselor to testify regarding his or her notes, given the short period between getting a temporary protection order and a full hearing on the merits. School records, previous... View More
I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a... View More
answered on Dec 18, 2023
The Court can give you a temporary order of protection if s/he finds that:
You are in immediate and present danger of domestic abuse; or
That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of... View More
They came out to my house because they say . That my kid asked someone (Another kid ) if they were high . And said my kid was watching something on her phone like pornhub or something like that . Cps is saying I have to drug test for that reason .
answered on Dec 15, 2023
To get a warrant the government needs to establish probable cause that a crime has occured that is "sufficient information, derived from a reasonably trustworthy source, to warrant a prudent man in believing that a felony has been committed and that it has been committed by the accused".... View More
He struggles to pay his half of the rent, so much that three of his payments bounced for NSF. My apartment now requires us to pay in full with a cashiers check, meaning it will be all on me and I will just have to hope he pays me back. I'm not comfortable with this arrangement.
answered on Dec 14, 2023
Not likely to do accomplish this through small claims. First we need to know how the lease is written. IF the roommate is one of the lessees on the lease. If so, then you need to persuade the landlord to permit the roomate to get off the lease. Suing in small claims court cannot do that for... View More
My father in law passed away recently without a living will and my husband is next of kin, but his father was living with his niece at the time of death who will not contact us. We are trying to get his affairs in order and My husband was wondering if he was aloud to collect his fathers things from... View More
answered on Dec 13, 2023
Your husband will need to open an estate administration case in probate court to exercise his rights regarding his father's estate. His cousin (the father's niece) has a right to keep people out of her apartment. Thus the only way to force her to do anything will be to get an order... View More
And file now given that they have almost been in prison a year and the last incident outside of threats have been about a year and two months with witness available?
answered on Dec 11, 2023
You should file if you feel you can prove by a preponderance of the evidence that either the offender was a family or household member and caused you physical harm or caused you to fear severe physical harm, or created a pattern of activity that caused you to fear physical harm. You ought to... View More
I pay child support to him, how do I change that to my mother since she has my duagther now?. He does not help nor has he reached out since my child moved to my mother's house in Sept.
answered on Dec 11, 2023
This really should be handled by an attorney. This case could turn on many facts not stated in the question. Why did Father have custody? Why is the chlid with maternal grandmother? It is likely your mother will need to file a Motion to intervene as a party and then file a motion to... View More
He said his attorney can get us through Franklin because he works in Franklin county. Also said i would only get 42% of his retirement plan.
answered on Dec 9, 2023
Not enough facts to properly evaluate. If there are children, the county with jurisdiction will be where the children have been for the past 90 days (assuming they have been in the state for 180 days). A spouse typically gets 1/2 or the Marital Portion of the retirement plan. The marital portion... View More
The person pays the mother monthly with a portion of their paycheck even when they don't get to see the child, there is no existing child support order due the fact of paternity not being established as of yet.
answered on Dec 7, 2023
Under these facts no one is going to jail. If there is no order, there is no arrears. If there is a pending case, the Court may award arrears, however, the obligor will have an opportunity to pay back them back over time. Seeing the child is a separate matter from whether one must pay support.... View More
It's actually the 2 of them attached to my phone. I believe there sharing calenders and locations ect. He goes by his name and she goes by mine. I'll ask google my current location and it tells me her locations. One night it said I was about a mile from my house. So I pushed directions... View More
answered on Nov 30, 2023
You need to hire an attorney who specializes in family relations law and regularly practices in your county. There is no magic bullet that the lawyers here can give you that will substitute for getting your own representation. If you wish to prove what you have alleged you will also need to hire... View More
If a child is with the dad from christmas til new years and the mom asks if she can take him on a cruise during that time and he says yes can he later change his mind and keep the child for Christmas and the time he has in the custody papers or since the agreement has been writen down in text does... View More
answered on Nov 28, 2023
Technically, it is the court Order that controls where the child where children should be if the parties cannot agree. That being said, having had a written agreement to a one time alteration does complicate the situation. The facts you describe will not likely give you the ability to successfully... View More
I was placed in specialed without consent from my parents. I was never given iep or evaluated... Please help
answered on Nov 28, 2023
A school can place a child in special education, without parental consent. However, they need to give the parent prior written notice and if the parent does not consent they need to take the matter to an administrative procedure called Educational Due Process Hearing. There the school district... View More
The report was made a month ago. I have an ongoing custody battle with my ex. I was never questioned or investigated. The allegations were unfounded. However, the board of DD still shared the report with the guardian ad litem and it will be mentioned in court and detrimental to my case. I did not... View More
answered on Nov 25, 2023
This question is missing some critical details neccessary to answer it fully. Has discovery been conducted? Was it conducted by an attorney for this person? If the questioner has hired counsel this is a question for that attorney. Also it is crucial to know whether or not this is a dependency... View More
Across state lines with out him oking it.is this illegal
answered on Nov 24, 2023
Obviously, it's an abuse of process to swear out of false affidavit. Unfortunately, It is nearly impossible to get law enforcement to charge someone when it is connected to alleged domestic violence. Also, unfortunately for your brother, unless there are temporary orders in place regarding... View More
answered on Nov 23, 2023
Your rights are going to depend on your marital status with the mother. If you and mother were married, your rights are identical to hers. If you and mother are not married however. You ought to file a motion to establish your custody over the children. You may do this either petitioning the court... View More
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