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North Dakota Questions & Answers

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.

1 Answer | Asked in Family Law for North Dakota on

Q: My wife moved out and took our three daughters. Is it legal for her to move more then 50 miles away without my consent.

No custody or divorce papers have been filed. They will be living with her new boyfriend

Gregory William Liebl answered on Jan 17, 2019

The answer depends on whether there is a court order in place and whether or not 50 miles away puts her outside of the state of North Dakota. You will want to speak with an attorney further about this to get you pointed in the right direction.

1 Answer | Asked in Business Law and Contracts for North Dakota on

Q: Can a prime contractor legally withhold money from 1 completed contract to compensate for a separate job contract?

A contractor holding overdue retainage from a completed bonded project contract in an attempt to use the money toward what they call promissory estoppel on another project quote, the other project did not have a signed PO due to engineering firm not approving the proposed product, I believe the... Read more »

Lucas Wynne answered on Jan 16, 2019

This sounds like a law school contracts question. Unfortunately, no attorney can confidently answer this one without actually seeing the contracts.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for North Dakota on

Q: This case is about me I want to reopen my criminal case and get a new trial based off misrepresentation is that possible

They had several violations of the rules of professional conduct and got disbared because of it if it's possible how do I go about filing papers myself and what forms will I need

Lucas Wynne answered on Jan 16, 2019

Many people attempt to do this and fail. More would need to be known about your particular case. You do not want to file a frivolous motion with any court as doing so will just cost you a lot of time and headache. With that being said, if an attorney violated the rules and that resulted in a... Read more »

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

Q: Is there anything I can do to get my money back from the people who sold me a puppy that died within two days?

My husband and I bought a puppy from this couple in Devil’s Lake. Everything was fine until we fed him. He had diarrhea after we fed him and the next day he threw up and still had diarrhea. My husband took a nap for a couple of hours and saw that the puppy had pooped on himself. He went to pick... Read more »

Lucas Wynne answered on Jan 16, 2019

Small claims court may be an option, but it depends on the situation.

1 Answer | Asked in Family Law for North Dakota on

Q: Can my divorce attorney later be the states prosecuting attorney against me in a child welfare case involving CPS or DHS

He’s since become the prosecuting attorney for the state

Lucas Wynne answered on Jan 16, 2019

More would need to be known about the situation, but it certainly sounds like a conflict of interest on its face, you should inform the judge.

1 Answer | Asked in Employment Law for North Dakota on

Q: If I signed a non compete contract for a business in Minnesota, is it still valid if I move to North Dakota?

Lucas Wynne answered on Jan 16, 2019

Firstly, some noncompete contracts are invalid as a matter of law and not worth the paper they’re written on. Secondly, no attorney can answer this question without actually seeing the contract. If I were you, I would bring the contract to an attorney, pay them a basic fee to review and issue you... Read more »

2 Answers | Asked in Personal Injury for North Dakota on

Q: I was walking on the curb of a street that had no sidewalk when a car clipped me with its mirror, breaking my elbow. The

driver is claiming it's my fault since I was walking somewhere without a sidewalk, but I wasn't in the road and no signs said I couldn't walk there. Is he right or do I have a case for medical damages against the driver?

Lucas Wynne answered on Dec 3, 2018

Don't listen to the driver, it is time to get a lawyer.

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

Q: If I wanted to take the mother of my child to court for visitation rights would I need an attorney in the state she's in

Lucas Wynne answered on Dec 3, 2018

Generally, you will need an attorney in the state where the child has resided for the past six months.

1 Answer | Asked in Family Law for North Dakota on

Q: If my childs father is not on the birth certificate does he legally have any rights to her?

I chose not to put on birth certificate as he was unstable and using drugs during her first year of life/pregnancy. Does he still have any rights to her if he's not on the certificate? Like could he come pick her up whenever he wanted?

Lucas Wynne answered on Dec 3, 2018

No rights are established until a court order is in place.

1 Answer | Asked in Traffic Tickets for North Dakota on

Q: In North Dakota, my son took a bus had an accident he didn't have a permit can the parents lose there drivers license

We got these three letters in the mail today an and they think they are going to take are drivers licenses if we cant come up with this amount of money we are both on ssdi and ssi how can we handle this he is 14 years old no permit TY

Lucas Wynne answered on Dec 3, 2018

Not enough information here. You may consider calling the local prosecutor.

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

Q: Recently charged with a DUI. First time offender, blew .175 at the station. Do I need a lawyer or just go to court?

Left the restaurant early last night before I got too drunk. Pulled over for not using turn signal and not turning into first lane. Sobriety test in 40° weather then blew .16. At the station blew .175. Its my first offense, clean record. Do I need a lawyer? Would it benefit me?

Lucas Wynne answered on Nov 14, 2018

My suggestion is usually the same, if you need a doctor for a surgery, then you will need a lawyer for court.

1 Answer | Asked in Personal Injury for North Dakota on

Q: Under what circumstances can I sue for emotional distress as a result of a car accident?

Peter N. Munsing answered on Oct 28, 2018

If you were in a crash contact a member of the N.Dakota Assn for Justice in the County where it happened. They give free consults. Emotional distress claims are not favored and the rules are very strict. If you were hurt, focus on your injuries as well.

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