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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.

1 Answer | Asked in Bankruptcy for North Dakota on
Q: I am considering filing for bankruptcy in North Dakota.

I am married, household of three (my wife is not filing with me). I make around 72k annually and my wife makes around 35k. I run with all of the household expenses as she can only afford her debts and provides everything for her baby, she is left with nothing in her pocket after paying everything... Read more »

Timothy Denison
Timothy Denison answered on Feb 3, 2020

Highly unlikely, but you should contact a bankruptcy attorney immediately who can assess your complete financial situation.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Dakota on
Q: Warranty deed is lost without being recorded with the County. Grantor is now deceased.

My mother did a Contract for Deed on her house with my nephew. The house was paid for in 2014. The lawyer sent out the original deed to my mom's Personal Representative to get recorded. No one recalls ever receiving the original copy nor can anyone find it now. I have a copy of the signed... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 21, 2020

The usual solution is the nephew needs to make a claim in your mother's probate case for distribution of your mother's share of the house to him. He will need to prove that there was a contract and it is now paid in full. It would be helpful to at least get a photocopy of the deed from the... Read more »

1 Answer | Asked in Immigration Law for North Dakota on
Q: What to do if you are on OPT and receive the EAD before the OPT expires?

I'm getting married in May, and I am also graduating from my MBA in May (I have a F-1 visa). I'm planning on applying for the OPT soon and applying for the green card right after the wedding in May. How does it work if my OPT start date is in June, for example, and I apply for the green card at the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

First, it doesn’t make sense to apply for an EAD through adjustment right off, since you will have a current EAD. If your OPT EAD comes to within four months of expiring, and your green card has not yet been approved, you can apply for a new green card based on a pending adjustment application at... Read more »

1 Answer | Asked in Immigration Law for North Dakota on
Q: Last name is different from birth certificate and passport, can I have issues when applying for green card?

I'm getting married in May and applying for the green card right after, but I was wondering if I can have issues with my future wife changing her last name to mine since on my passport, they put my middle name with my last name My last name on my birth certificate is different from the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

You need to show proof of lawful name change.

1 Answer | Asked in Family Law for North Dakota on
Q: Help? My daughter is almost 6 and hates to go to her fathers. I have primary residential responsibility.

At what age can a child skip a visit. If they just don't want to go? She goes there every other weekend for one night. We have been divorced for 4 years. What is the ND laws on this?

Lucas Wynne
Lucas Wynne answered on Jan 10, 2020

The court order must be followed. Skipping court ordered visits is likely to result in very serious problems, including giving the other party potential grounds to modify the order.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: Is it illegal to bury your dead dog in your own backyard? I live in city limits.
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 1, 2019

You should check the city code where you live. If you cannot find the answer online then contact them by telephone.

1 Answer | Asked in Contracts, Domestic Violence and Landlord - Tenant for North Dakota on
Q: I am trying to find case law on a specific statute. NDCC 47-16-17.1. but am struggling with research on this.
Lucas Wynne
Lucas Wynne answered on Nov 1, 2019

Sorry, but this is not a question. Get more specific and try again!

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: I got speed ticket at grand Forks North Dakota do I need lawyer for the this ticket? My point goes up.
Lucas Wynne
Lucas Wynne answered on Nov 1, 2019

A speeding ticket only? A lawyer may be a bit overkill in terms of price.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I was asked to care for a dog of someone who was evicted from their home. I was told that the owner of the dog would be

bringing me the paperwork to change the chip info on the dog. This request was made on behalf of the owner who also had 4 pit bulls placed with a rescue during this same incident. The owner, in possession of all my contact info, employment and knew where I lived, never showed, never called or... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 23, 2019

Yes, but you may be able to sue them for expenses in caring for the dog.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Does absconding while on bail change your future court dates

I'm also on parole .. and am doing intermediate measure right now

Lucas Wynne
Lucas Wynne answered on Oct 23, 2019

Yes - but not in a good way. The judge will kick your dates back because you're not there, likely hold you in contempt and revoke you on anything outstanding, and you may be charged with additional crimes for absconding. I've helped a good number of people figure out their court date issues and... Read more »

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: I was engaged to a girl for 12 years we broke up but stayed roommates today she flew to Utah and took my dog

I just want my dog back

Lucas Wynne
Lucas Wynne answered on Oct 23, 2019

The dog is property. You may have to go to the police station and report that she stole your dog, then see if they issue a warrant. They may tell you they're not interested in helping you, in which case you will need to file a lawsuit for the dog in the state where the property (the dog) is... Read more »

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