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North Dakota Questions & Answers

1 Answer | Asked in Divorce and Family Law for North Dakota on

Q: Do grandparents have the right to call grandkids? We are told we cannot by sons exwife.

Son in a nasty divorce in WA state. Soon to be ex-wife has moved to MT with kids. We live in ND. She will not let us call or talk to our grandchildren and won't allow them to call us. Is there anything we can do?

Gregory William Liebl answered on Aug 22, 2019

I am a family law attorney in North Dakota. I believe you will need talk to an attorney in Washington, if that is where the divorce is located.

1 Answer | Asked in Business Formation, Business Law and Small Claims for North Dakota on

Q: Subway and their false advertisement question?

so you walk into a Subway in the sign on the glass usually states, make it what you want. Well if you try to order a wrap let's triple or quadruple me, they claim that corporate policies do not let you. Wouldn't that be considered false advertisement because now I'm not getting to be able to make... Read more »

Tim Akpinar answered on Aug 18, 2019

With those types of statements, the underlying premise is that the customer's wishes would be fulfilled, within a standard of reasonableness, not necessarily in a literal sense; or in this case, within the reasonable guidelines of their corporate policies. You could consult with an attorney to ask... Read more »

1 Answer | Asked in Estate Planning for North Dakota on

Q: If an attorney is disbbared in 1992 by the ND Supreme Court, is a will he wrote for someone in 2001 a valid document

Nina Whitehurst answered on Aug 15, 2019

The attorney's good standing with the State Bar, or lack thereof, has no bearing on whether the will is valid. Most likely the will is perfectly valid. The best way to know for sure is to have it reviewed by an attorney in good standing. Estate plans should be reviewed every few years anyway.

1 Answer | Asked in Contracts for North Dakota on

Q: Can a probation office give out personal information to someone?

Bruce Alexander Minnick answered on Aug 12, 2019

Yes. As you know, you are required to check in periodically with your probation officer--who is required to go looking for you if you fail to show up as required. So your probation officer certainly can "give out personal information to someone" when looking for you.

1 Answer | Asked in Child Custody and Family Law for North Dakota on

Q: In our custody agreement, my ex-husband has primary residential responsibility. Our split is 51/49, me being 49%.

If he is planning a trip out of state, is he supposed to make me aware of when they are leaving, for how long and where they are going? As well as obtain my permission to cross state lines with them?

Lucas Wynne answered on Aug 7, 2019

The order should address these issues. A lawyer here would not know the answer to that question without reviewing the order.

1 Answer | Asked in Car Accidents for North Dakota on

Q: A sober person who was pulled over for seeding is asked to take a field sobriety test and fail it have to go to court?

Lucas Wynne answered on Jul 24, 2019

If you receive a notice of a hearing, summons, or warrant then you will need to appear in court.

2 Answers | Asked in Car Accidents, Wrongful Death, Criminal Law and DUI / DWI for North Dakota on

Q: What is the likely hood of getting a leaving the scene of accident dropped down, to next to nothing?no injury, parked.

I have a class A CDL and it is my primary source of income.

the car was parked and i wasnt sure I hit it, i drove away. no one was injured

they already issued a warrant and I paid 750 cash bond

Peter N. Munsing answered on Jul 11, 2019

see my answer to the duplicate question.

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1 Answer | Asked in Car Accidents for North Dakota on

Q: Q: What is the likely hood of getting a leaving the scene of accident dropped down, to next to nothing?no injury

no injury, parked.

I have a class A CDL and it is my primary source of income.

I bonded myself for $750 already, but I’m pretty sure my CDL is at risk, no injury, parked.

I have a class A CDL and it is my primary source of income.

Peter N. Munsing answered on Jul 11, 2019

So it's worth it to get with an attorney who handles traffic cases in the county where your case is. One issue will be was the damage taken care of. Second is what the law requires-=you may have an argument that you were not required to stop. But talk to a lawyer, in person, not trying to get your... Read more »

1 Answer | Asked in Federal Crimes for North Dakota on

Q: If a federal felon on probation is pulled over is the right to search any different than someone not on probation????

Lucas Wynne answered on Jul 6, 2019

Generally, yes. It is standard that a person on probation is essentially forced to consent to searches whereas a person who is not on probation cannot be randomly searched.

1 Answer | Asked in Criminal Law and Animal / Dog Law for North Dakota on

Q: I feed, watered & opened window for 2 dog's in hot garage. 90°. I am being charged w trespassing now. Help

Nobody was home at this house. The police told them my name. The dogs were sitting in their own feces & urine...the whole garage was covered of weeks of waste. It was toxic! The door was unlocked, heard the dogs barking for weeks, I called police 3 times

Lucas Wynne answered on Jun 23, 2019

You need a criminal defense lawyer. Most attorneys (like myself) offer free consultations.

1 Answer | Asked in Child Custody and Family Law for North Dakota on

Q: Can I take my child to an outof state wedding

I am not married to the childs father. He did sign an awknowledgement of paternity. He is saying if I take my daughter to my best friends wedding he will call me in for kidnapping. There is no custody agreement of any kind. He Is trying to force me to leave her with a coworkers wife whom I've never... Read more »

Lucas Wynne answered on Jun 23, 2019

No

1 Answer | Asked in Federal Crimes for North Dakota on

Q: Does somebody on probation have the same legal rights as somebody not on probation

Lucas Wynne answered on Jun 23, 2019

No. Generally, their probation officer can authorize a search. They are also subject to restrictions.

1 Answer | Asked in Child Custody for North Dakota on

Q: The father to my son is a married man. My son is 8 months old and we have no custody arrangement.

He has not seen my son in over 4 and I have never received any financial support or help with medical bills. I believe his wife hates my son and feel if he asked to have him for a day would Not be a good situation. Can I file for 100% custody? We live in North Dakota.

Lucas Wynne answered on May 22, 2019

If the 6 month residency requirement is met, you can likely file for custody in North Dakota. Consult with an attorney.

1 Answer | Asked in Animal / Dog Law for North Dakota on

Q: I left my dog with my mom for a week while I went on a trip and now she’s threatening to get rid of her what to do?

I have the official vet record and I can get a proof of purchase what should I do? and what if she already got rid of her?

Lucas Wynne answered on Mar 22, 2019

Ask somebody else to go and pick up the dog.

1 Answer | Asked in Trademark for North Dakota on

Q: I'm starting a fashion brand and want to use the name BEAU in a bold font. Will I be able to trademark this later?

I'm concerned with using the name BEAU for my brand if I won't be able to trademark it later. I've searched the trademark database and see similar marks, but I don't know if the ones currently trademarked will prevent me from acquiring mine.

Lucas Wynne answered on Mar 20, 2019

Your question has a lot of variables that could impact the answer. I would suggest consulting directly with a trademark lawyer. The term may be too broad to afford it protection - registering it is one thing, defending the trademark is another entirely.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Rights for North Dakota on

Q: Can a judge ban anyone from filing within their county/state of N.D? Judge's name is Honorable David E. Reich Bismarck

Asking for a friend

Lucas Wynne answered on Mar 20, 2019

There is not enough information in your question to provide an answer. Based on your question, it sounds like your filing may have been rejected due to a jurisdictional issue.

1 Answer | Asked in Divorce for North Dakota on

Q: When going through a divorce, how long does the spouses lawyer have to respond?

My spouse and I cannot agree on how to divide things in the divorce. He feels I should be left with nothing, which has left my couch surfing for the last 6 months. My lawyer sent a response to his 6 weeks ago and we still do not have a response. When I talk with my lawyer all she says is "well he... Read more »

Lucas Wynne answered on Feb 25, 2019

Sounds like it may be time to dump your lawyer.

1 Answer | Asked in Family Law and Child Custody for North Dakota on

Q: I'm in a same sex relationship and my spouse is pregnant with another person's child. Do I have any parental rights?

Spouse got pregnant after being married for 3 years.

Lucas Wynne answered on Feb 21, 2019

No

1 Answer | Asked in DUI / DWI for North Dakota on

Q: I was pulled over and charged for a DWI with no evidence except for speeding and there was a smell on my clothes?

I was taking a trip to the gas station when I was pulled over by an officer. The officer walked to the window and said I was speeding, he then stated he could smell marijuana and I told him it could just be my clothes from another time. The officer then had me take several sobriety test outside... Read more »

Lucas Wynne answered on Feb 21, 2019

The officer's actions seem problematic. Better get a lawyer.

1 Answer | Asked in Consumer Law, Legal Malpractice, Small Claims and Bankruptcy for North Dakota on

Q: I received a letter in the mail today that threatened legal action for a debt.

I received a letter in the mail today that threatened legal action for a debt from over 5 years ago. The debt is from when I lived in Maryland. I have not lived there for the last 5 years. I've been living in North Dakota. The debt is for $9,000 and is the result of having been evicted when I was... Read more »

Timothy Denison answered on Feb 19, 2019

If the MD stature is 3 years, then the statute has expired and they cannot sue you.

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