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1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: Can an ex legally demand your dog to go with them?

My ex and I broke up in September of 2019. 2 months later he asked to take our dog from me and I said no because he did not have his own place to live yet. A few months later he asked if a friend could come take him from me to take to my ex, I said no because I was not comfortable with someone else... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 28, 2020

Costly fight over a dog? That's a laugh. Dogs are deemed property. Because that dog is probably worth a couple hundred dollars (at most) in the eyes of the state, the most expensive thing he could likely due is bring you to small claims court or file another civil case.

1 Answer | Asked in Criminal Law for North Dakota on
Q: I was blind sided with a federal charge of sexual exploitation of a child and possesion of 14 child porn images.

My own blood cousin says i had naked pictures of her kids in my phone.

Both kids deny anything ever happend amd i never took there photos and we have CAC forensic interviews to prove this.

What are the odds of the jury aquiting me becase the kids deny this ever happend???

Lucas Wynne
Lucas Wynne answered on Apr 28, 2020

I have represented numerous people with this type of criminal offense. You need an experienced lawyer yesterday. Federal charges are very difficult to beat and it is EASY to make the wrong decisions that can land you additional years in a federal case if you do not have a lawyer who knows what he... Read more »

1 Answer | Asked in Divorce for North Dakota on
Q: In North Dakota if I leave my husband can he count that as abandonment and not give me my half of the house?

We have been married for 16 years and have lived in this house for 9 years.

Lucas Wynne
Lucas Wynne answered on Apr 22, 2020

You may be looking for 14-07-11 and 14-07-11 of the North Dakota Century Code. But the better answer is that you need an attorney to help you file for a divorce. Divorce can be quick and relatively painless if settled by way of agreement or collaborative family law.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: Want to lease my home out, but it’s not paid for yet? Can we buy another house at this time?
Lucas Wynne
Lucas Wynne answered on Apr 22, 2020

The short answer: call your bank (for mortgage restrictions), call your city (for rental permits).

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for North Dakota on
Q: Can i bring legal action against an adult who tried to help my minor run away.

My son is 15yrs old. He is on supervised probation. He has been in and out of facilities several times for behavior. He ran away last night and is now in police custody in a hospital. His aunt helped him and was coming to take him to a different city without permission. What can I do? His aunt has... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 11, 2020

Call police to report

1 Answer | Asked in Civil Litigation for North Dakota on
Q: I am in North Dakota and I decided to sell my 05 Honda Pilot but I had problem with the buyer and I repoed the car

I decided to help this girl and gave her a very deep slash on the price. The main reason I gave her such a price was that it would help her and it would honor my wife as i think she would approve, I had to speed up the sell and I asked her for $600 down and $400 to come and they agreed and I told... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 7, 2020

Sounds civil

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: If my dog bites a kid that came to him without permission or being warned that he has not been near kids is it my fault?

Hypothetical question. Was told by my brother and sister in law it would be my fault. My dog is a Sheltie and is very expressive before taking action also has not bitten anyone. I am concerned with how kids act around dogs and dont listen very well that I will have to put my dog, who is my ESD for... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 7, 2020

No attorney can predict the outcome of a case with accuracy. With that being said, if you knew these kids were coming towards your dog and the dog bites them, it sounds like you are the one most likely to lose in that situation because you already knew what was going to happen.

1 Answer | Asked in Criminal Law and Workers' Compensation for North Dakota on
Q: On traffic stop.How long must one wait if after not giving permision 4 car search for a canine cop to show 2 search car

Picked up for no blinker used my passenger sez he has a warrant, and tries to hide on floor under food containers.which didnt work for him to well. His warrant. Was for not appearing for drug paraphernalia charge in different county. They said because I wouldnt allow search and his history of drug... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 3, 2020

There is way too little information here to make a legal determination. If you are facing a criminal charge, you need a lawyer.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Advice on retail theft case

I am being charged with retail theft. I paid with my phone and the payment I found out later did not go through properly. This has happened to me in the past and when I realized it I came back to the store and paid without a problem .. I don’t want retail theft on my record when it was an... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 3, 2020

Hire a lawyer to prove your case.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I got a dog from a friend that was asked by her friend( owner of the dog) to find her a new home -

2 months later her owner changed their mind and wants her back- can she legally come and take the dog since she didn't even look for it for over 2 months ? Does she need to pay me for the Vet Bills I had to pay to get the dog fixed and vaccinated?

Lucas Wynne
Lucas Wynne answered on Apr 3, 2020

Dogs are property, it could likely be argued that she relinquished the property. Potential small claims court case.

1 Answer | Asked in Child Custody and Immigration Law for North Dakota on
Q: What are the rights of a foreign mom to take her child with her in case of deportation, if american husband disagrees?

My sister is doing a medicine recidency and her program might be cut off. In case that happens she will be deported to Peru. Her husband would start the procedure for her to return to the states as his wife, but does not want the baby to leave the usa. What are my sisters´ rights, if she wants to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

That is more of a family law question. If your sister is awarded custody, or if the baby’s father allows your sister to take the baby, then she should have no issues.

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.

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