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She told my wife's family we were homeless which was not true. we were told to get rid of all household items, break our current lease, and for me to change jobs and kids to change schools and move 3 hrs/different states and now we were told we can not stay here and have no where to go. Need help!
answered on Jan 23, 2020
unfortunately the law does not provide a remedy for people acting poorly in all situations. If there was not a written lease or contract, then each party is able to change their minds at any time, just like she couldn't force you to live here.
next time, if you have any hesitation, get... View More
While he was working they were taking the money for his children out of his paycheck. In April of 2019 we were kicked out of our home and he lost his job. Is there any way I can help him get released or is he stuck in jail for a long time?
answered on Jan 23, 2020
The best and easiest way is to make payment to catch up any arrearage. if not then his incarceration will be reviewed by a Judge, or you can request a review and ask for his release then, or work release, but you will need to be able to show he has employment to be considered for work release.
A California prenuptial contains the following clause.
"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."
Could this be interpreted to mean only those accounts that... View More
answered on Jan 23, 2020
This is a contract issue and a matter of interpretation of the agreement. By the terms quoted it is ambiguous, meaning it has two possible meanings. The real question will be what was the parties intent at the time the agreement was entered. It is poorly drafted as this contingency should have... View More
My homeowners insurance refused to pay off my house after my husband passed away because they said it was in a grace period. It didn't get paid for that month but when he passed it was still in a grace period. Called around 7 or 8 times and they kept refusing to honor it.
answered on Jan 22, 2020
This doesn't sound like a homeowners insurance but maybe life insurance. Ultimately it's a contract issue. If the default was not cured there may not be relief. However if he passed during the grace period, generally the policy should be honored.
Consult an experienced civil... View More
I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.
It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the... View More
answered on Jan 21, 2020
to attack the validity of the judgement you would need to file that in Illinois. the only basis to contest the registration in NC is to contend and show that the order from Illinois is invalid, meaning it has been stricken or set aside or is on appeal. Disagreeing with the out of state order does... View More
This question is for a friend. She was married in Georgia but her husband has been in Butner prison in North Carolina since 2013 to be out in 2023. She lives in China and can not get a visa to enter the USA since she applied for a Green card before her husband was arrested. How can she get a... View More
answered on Jan 20, 2020
She can file an action for divorce and have him served in prison. Assuming he doesn't contest any of the allegations, the divorce can be obtained by summary judgment so she would not have to be here.
answered on Jan 20, 2020
There are no standard forms. Each case 8s different and therefore different information may be needed. An experienced family law attorney can formulate the necessary discovery.
Also he gets threatened by his fathers wife’s mom and she has hit him before the kids barely go to their dads he pretty much just whenever he wants he is suppose to get them every other weekend and he doesn’t and when he does he picks them up on Saturdays and brings them back on Sunday but he... View More
answered on Jan 19, 2020
The child crying is generally not a basis to modify or withhold visits without more evidence of negative effects on the child as its not unusual for children to be upset about any change in there situation depending on their age.
Consult with an experienced family law attorney to determine... View More
I kept her before for thinking he was drunk and was charged with contempt bc I could not prove it. I called police this time and he was arrested for dwi.
answered on Jan 19, 2020
Yes, you can take appropriate action to protect your child. You should consider filing a motion to modify custody given the current situation.
Is there a conflict of interest?
answered on Jan 19, 2020
No, unless he somehow has a strong relationship with the other party. There are presumably hundreds if not thousands of students so you would need to show a much greater connection.
members, her daughter is not being well taken care of. Can the daughter legally decide who she wants to live with without her mother’s permission when she turns 13? Can I have guardianship or adopt her this way?
answered on Jan 18, 2020
No. She is a minor and cannot make those decisions until she is 18. You or other relatives who have a substantial relationship with the child, could seek custody, but to do so will need to able to prove the mother is unfit which is a high burden.
I would caution against getting social... View More
Sooo I’m 18 and my boyfriend is turning 17 I’m pregnant.. he lives in North Carolina where the legal age of consent is 16 now I have 3 questions: can we get in trouble?
Can a minor recognize a baby legally?
I live in France and my baby will need a non immigrant visa to see... View More
answered on Jan 16, 2020
Ok, that's a lot. No, there is no criminal exposure, you are correct the age of consent is 16.
Yes a minor can recognize his child legally, however he will need to have a guardian and listen appointed to him.
Yes he can provide a passport.
We married the 18th of January, He left to live with his father on the 14th of February. I moved out into my own rental July 18. I just need to know which date to put so the divorce paperwork is properly filled out.
answered on Jan 15, 2020
Whichever date is the date at which you were both physically apart, and had the intent not to resume the marital relationship.
He often withholds if he is working or not bc he and step mom say it isn’t my business. How can I (primary custody) enforce an order if I am not aware of he is lying. Often the girls are with their step mother and not him. He has every other weekend and Wednesdays if he isn’t working. He often... View More
She repeatedly slapped my daughter in the face she had her by the throat. My daughter want to know if they will report her to dad she has to children that I believe may have seen it she is worried about the kids but that she will get in trouble for hitting her back
answered on Jan 12, 2020
If daughter was not the aggressor and didnt start the altercation, and if she has injuries, then go to the magistrates office and take out assault charges. Nothing prevents aunt from doing the same thing.
Clearly this is an unhealthy family relationship, and I would sever contact until it... View More
No custody agreement wife normally keeps son with her but he stays with me during school breaks and weekends, recently found out ex wife hasnt had power in home since moving into home over a year ago, my son has to go next door to take baths (he doesnt get baths like hes supposed to) because the... View More
answered on Jan 12, 2020
Yes. Without a Court order each parent has a right to keep the child. If she cannot provide suitable housing at the moment, you need to look out for the best interest of your child. If she resolves her housing issue you should still seek formalization of the custody arrangement to prevent disputes... View More
The new girlfriend is also married but moved out of her home too. Should we keep the relationship quiet or can we be open about it?
answered on Dec 23, 2019
Until there are separation papers or other legal documents executed by both parties, you should be very careful and not flaunt any relationship. Both parties could be sued for alienation of affections.
HerWill and all is at a lawyer office. Who can go get a copy of the will to keep her daughter from taking everything. The paperwork has it started in them that her daughter and a few others are not to be anywhere around
answered on Dec 22, 2019
A will by itself would not bar daughter from being present as the terms of the will are only in effect up upon death. A health care power of attorney would be necessary. If mom doesnt have one then its probably too late.
Simple affray was the chosen charge for assailant. What legal options do I have
answered on Dec 22, 2019
There are two different interactions with the law in this situation. The first is the criminal side which you mentioned. The state is in control of what charges to bring and the prosecution. It does seem like thet may have undercharged given then information provided.
There is also the... View More
Father resident in alamance and child in Ashe but court in orange
answered on Dec 17, 2019
Venue is proper where either the mother, father, or child reside. If not filed there, then a change of venue can be made as of right.
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